Question: Our Strata Treasurer holds a Petty Cash amount which we understand has been spent. We have asked for receipts but he has declined to table a reconciliation. What action can we take? I have a question relation to NSW Strata Schemes Management Act 2015 Section 93 The financial statements for any other fund must specify…
QUESTION: Are children allowed to play on the common property driveway? We have a group of families who socialise in the common areas? Is this allowed due to social distancing rules in NSW? Are children allowed to play on the common property driveway? What happens when children and their friends, either other residents or visitors,…
Lot owners from NSW have questions about dealing with proxy votes and the quorum requirements for annual general meetings. Leanne Habib, Premium Strata provides the following responses. According to Strata Community Association (NSW), here is the definition of: Proxy Voting: An owner who is unable to attend a meeting may authorise (give their proxy) to another person…
Despite the much anticipated “pet-friendly” amendments to the new strata legislation, animals are still not automatically permitted in strata schemes even if they are kept wholly within the boundaries of an individual’s apartment. To determine what the keeping of animals position and pet rules for strata is in relation to any particular scheme you must…
Question: Is it ok to defer an AGM because of Covid-19? Many residents do not have internet so electronic voting will be difficult. If so, how long can it be deferred for? Answer: If the Owners Corporation holds an annual general meeting once in every financial year, it will comply with the strata legislation. Many…
Question: Our Strata Manager refuses to show lot owners the trust fund. Are they obligated to show us? We suspect the Strata Manager of mishandling the finances. Our strata manager has been with us less than 1 year and we found out that the management agreement contract is signed for 3 years by 2…
Question: I believe you wrote the following article which I read in Strata News @ 215: Q&A Proxy Vote Requirements for Annual General Meeting I have a similar issue arising with proxies in my own 5-Lot 2-storey townhouse Strata Plan 35133 in Tweed Heads NSW. Can you tell me the date your article was written…
Question: I have a problem with the neighbours upstairs. I hear every footstep as their dining room is directly above me. They have parquetry flooring and no rugs or other floor coverings in their living areas. Visitors to my apartment agree the noise is unbearable. I do not have a good relationship with these…
Question: We purchased an Off-the-plan apartment and at the prepurchase inspection found our parking spot is the disabled parking space. Can they do this? Answer: You may have purchased what is known as an “adaptable” unit. It would appear you may have purchased what is known as an “adaptable” unit which is designed in…
Question: Is there a formula for setting strata levies to cover scheduled capital works and avoid a shortfall? We have identified a situation where projected levies will result in a shortfall. Answer: There is no accepted ratio for the determination of funds to be raised. There is no set “prudent” amount or accepted ratio…
Last month was the warmest January on record globally, with Australia experiencing sweltering temperatures of 40ºC plus and smoke haze for days on end. In the past week we have had the wettest February in years with some suburbs receiving in excess of 150mm in a 24 hour period. Your Strata Scheme may look…
Question: Our strata executive committee has been taken over by a group of lot owners who make decisions in their favour and no longer enforce bylaws. They don’t communicate with the rest of the committee. What do we do? Answer: Stand united at the next AGM and gather a proxy each and vote the current…
Question: I’m concerned about the correct process of strata approval for renovations in our scheme. Renovations involving waterproofing isn’t being considered a major work under the new legislation, and therefore not being considered by the Owners Corporation as a special resolution. I’m a member of a Strata Committee in an apartment complex which was registered…
Question: I’m a tenant with a cat. The Owners Corporation has a bylaw requesting a $500 Pet Bond to be paid to strata. I thought pet bonds weren’t legal in NSW. Answer: As a Tenant, you must comply with both your lease and the strata by-laws. Pet bonds are not illegal and the strata…
Question: Our hardwood floors have suffered major water damage due to common property defects. Should the Body corporate reimburse out of pocket expenses for accommodation and food while we vacate the property for repairs? Answer: The accommodation should be recoverable, but it is unlikely that the costs of food etc would be reimbursed. If…
Question: Does a resident’s right to peace and quiet in a lot (as stipulated in a bylaw) mean that people using a carpark area right outside a lot must keep their noise to a reasonable level? Answer: In our view, noise must be kept to a reasonable level. The standard noise by-law covers this,…
Question: The owner of my neighbouring unit refuses to allow access to his roof space so I can install NBN to my apartment. Can he be forced to allow access? Answer: The NBN technician will know what statutory rights. The NBN technician will know what statutory rights to access he has for his carrier…
Question: Some staff from the commercial lots in our building park in the strata visitor car parking spaces. As employees, shouldn’t they be stopped from using visitor parking? Answer: The commercial lot owner is welcome to have his staff park in his own car space(s) but not visitor parking. In our view you are…
Our CEO Leanne Habib sat down with the Sydney Morning Herald on Tuesday September 10th to talk about how to manage building defects as a property owner. A defect doesn’t have to spell disaster, many building defects can be rectified if the process is managed properly. ‘‘You don’t have to panic, but you do have…
Question: In NSW is there is an obligation for the strata to provide a common area water tap / garden tap for use of residents for garden watering and car washing? Answer: There is no general obligation to install a common area tap to which you refer, however, the owners corporation is free to do…