NSW: Q&A Spending Limits & Unapproved Fees

Question: Our owners corporation is part of a BMC. Is it regulation that the financial and annual budget of the BMC be presented to the strata committee or owners and approved at a committee meeting before the owners corporation AGM? I am an owner in an owners corporation that has shared facilities (BMC) with another…

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NSW: Q&A Can You Use Your Garage for Apartment Storage?

  Question: I’m renting a unit in Brighton-Le-Sands, southern Sydney and I have a double garage. Can I use the garage for DIY projects rather than for parking of vehicles? Answer: Seek strata permission through your strata manager or your strata committee. It is advisable to seek strata permission through your strata manager (if you…

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Paper Certificates of Title will be abolished from October 11, 2021

  The Registrar General of NSW Land Registry Services has announced another phase in the transition away from paper-based registration of land dealings and titles in New South Wales and 100% electronic conveyancing. From 11th October 2021, paper or physical certificates of title were abolished and these amendments will be effected through the Real Property Amendment (Certificates…

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NSW: Q&A Noisy Neighbour, Renovations and Construction Noise

  Question: I’m a healthcare shift worker. My downstairs neighbours says I can’t shower after 9pm. What are my rights here? I am renting an apartment. The woman below me is quite noise sensitive and isn’t the type of person I want to upset. However, I am a healthcare worker and do shift work. My…

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Latest Strata Developments for New South Wales

  The Strata Schemes Management Amendment (Sustainability Infrastructure) Act, 2021 No 1 (NSW) (the “Amendment Act”) has introduced important amendments to the Strata Schemes Management Act, 2015 (NSW)(the “Act”). Keeping of animals You may have seen the media coverage of the landmark NSW Court of Appeal decision in Cooper v The Owners – Strata Plan No. 58068 [2020] NSWCA 250 (“Cooper”) which…

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NSW: Q&A Special Levies, Levy Payments and Overdue Levies

  Question: My strata manager is withholding some of my levy notices. How do I ensure these late notices are sent to me, as the strata manager is ignoring my emails? I think my strata manager is withholding some of my levy notices. They say I am unfinancial, therefore I could not vote at the…

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NSW: Q&A Which ByLaws Apply to Our Strata Scheme?

Question:Can an existing Special ByLaw be amended without the legal cost of being re-written by a strata lawyer? Can an existing Special ByLaw be amended without the legal cost of being re-written by a strata lawyer. This bylaw outlines permission and the terms and conditions for owners to install ducted split air conditioning systems, roof…

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NSW: Q&A Owners Corporation Committee Decisions

Question: How do we force a decision in a 4 unit, self-managed complex? There are always 2 for and 2 against. Strata is a democracy and it comes back down to a vote. Generally a four lot scheme can create more work than a 400 lot scheme because of that one reason where you just…

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NSW: Q&A Which ByLaws Apply to Our Strata Scheme?

  Question: What are the requirements for owning and or residing in an over 55s strata property? Does the owner or all residents need to be over 55 to live in a retirement village? Our Strata is an over 55s or invalid property. Can a purchaser be stopped from buying a lot in a retirement…

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NSW: Q&A Positions on the Strata Committee

  Question: Is the chairperson elected before each meeting? Answer: If you haven’t elected a chairperson, secretary and treasurer, to remain in office for the term of their appointment, you can elect a chairperson for each meeting. At a general meeting, you elect your strata committee, but you don’t elect the office bearers position. This…

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