Question:This site recently replied to an SA question about Common Property Alterations. Is the response also applicable for alterations to common property in NSW? Answer: The balance of decision making power by an owners corporation is by simple majority. Changes to common property in NSW and Types of Resolutions The NSW position regarding changes…
Question: Are there any templates available of renovation bylaws? Answer: Yes, you may purchase detailed renovation bylaws which regulate the carrying out of renovations and modifications Yes, you may purchase detailed renovation by-laws which regulate the carrying out of renovations and modifications to a lot which may specifically authorise the executive committee to sign off…
Question: Can NSW providers rescind an Annual Fire Safety Statements for non payment of invoices? If so, how is it legally done? Answer: We are not aware of how a document like this can be rescinded. We are not aware of how a document like this can be rescinded as the Annual Fire Safety Statements…
Question: My husband and I jointly own the only commercial lot in a residential building. He is disabled and from time to time parks in the disabled car park. We do not reside here as it is an office. Can we use the space? Answer: Disabled car spaces are intended for use for disabled visitors….
Question: Are children excluded or exempted from breaching any provisions in the Strata Schemes Management legislation or any By-Law Clauses of the Strata Plan? Answer: Occupiers of the lot are responsible to ensure no noise may interfere with someone else’s use of their lot or common property. In our view it is not that they…
Question: Should we have a bylaw allowing residents to have a BBQ on their apartment balcony? If we have no bylaw and a BBQ becomes a fire hazard, will the Strata Committee Members be held liable? Answer: You need to check what your contract states with regard to strata manager insurance commissions. We have…
Question: A Lot Owner uses their garage for storage and parks their car on the street. The garage is below my apartment and they are constantly removing items and opening and closing the door. Is this nuisance? Answer: Check your by-laws to determine if you have a “Storage” By-law which basically states that only motor…
Inactive Body Corporate Member Could you please advise if a member of our Executive Committee – ‘Community Title’ – who has not attended any meetings since election but has proxied other members can be removed due to non participation. He also doesn’t answer emails sent out by the committee. Thanks for your help! Answer: The legislation contemplates…
Pets and Strata Bylaws My super owns an investment unit within a strata which previously had an “Option B” pets policy but has recently changed that bylaw to “No Pets”. I bought the property, obviously, as an investment property and this new bylaw severely limits my ability to rent my property. Do I have any…
Question: My application to park a Wheelie Walker in the foyer of our apartment block has been refused on the grounds that storage of the mobility scooter will be a safety hazard. Answer: Your mobility scooter may indeed constitute a fire hazard and possibly a trip hazard. Unfortunately, it appears that your walker may…
Question: We have a non resident who irregularly uses visitor parking while he commutes. He has no connection with our scheme. Are we able to tow his car and is it the best option? Answer: As the vehicle is only parked one day at a time you will not satisfy the notice requirements needed…
Question: My Owners Corporation has a bylaw setting a size limit for dogs in our building. Is this reasonable? How can I know how big my puppy will get? Answer: There are all types of pets by-laws including those with weight restrictions. There are all types of pets by-laws including those with weight restrictions – we…
Question: What should lot owner’s know at the First AGM regarding building defects? Do we need to know about enforcing statutory warranties? Answer: The owners corporation needs to enforce the statutory warranties – depending on the contract date for the works. The system is based on self- help. The owners corporation needs to enforce the statutory warranties…
Question: We have complaints about our Strata Manager. What is the best way to remind our Strata Manager she is working for us? She borders on bullying. Answer: Speak to the principal of the strata management agency and asking for their intervention. Personality conflicts are inevitable in strata and other contexts – have you thought about…
Faulty Waterproofing I live in a unit complex in Sydney and there are 76 units. My strata contracted (& paid for) a company to come fix my faulty waterproofing on my balcony. In order to access the faulty waterproofing, the company had to remove/lift the wooden deck on the balcony. During the process of repairing the faulty…
Question: What action can the Strata Committee take to impose compliance for breaches? A lot owner is amplifying her non-compliance in response to being advised to cease her hanging of washing on the balcony practices. Answer: Issue a notice to comply with the washing on the balcony bylaw and then pursue the matter through NCAT….
Question: During the strata dispute resolution process, if an Owners Corporation breaches court orders, what recourse does the owner have? Answer: The failure by the owners corporation to comply with the NCAT Orders could be the basis upon which to seek the compulsory appointment of a strata manager. The failure by the owners corporation…
Question: We have a general By-law stating residents must not park on common property without written approval. Is this sufficient or should we specifically refer to visitor parking spaces? Answer: A very specific visitor parking by-law should be drafted by a strata lawyer. Technically, this by-law is adequate because visitor car parking is common property. However,…
Centreline Rule Question: I have been reading up on your weekly posts regarding the ‘Centreline Rule’ for Strata Plans registered before 1974. I read that Bannermans Lawyers response was that the boundary between lots applies to walls, floors and ceilings etc. Do you agree? What’s your opinion, does it applies to floors? Answer: Great to hear…
Question: What action can the Strata Committee take to impose compliance for breaches? A lot owner is amplifying her non-compliance in response to being advised to cease her laundry drying practices. Answer: Issue a notice to comply and then pursue the matter through NCAT. The owner is clearly in breach of the by-law, so…