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…
Question: Due to a common property defect, my tiles were damaged in an area on my verandah. As the tiles could not be matched, the whole space must be retiled. Should the OC pay for all work? Answer: There is a strata titles case very similar to yours. There is a strata titles case…
Question: Our building insurance is due mid 2019. Is the Owners Corporation able to renew this themselves or must it go through the Strata Management Company? We would prefer not to pay our Strata Manager insurance commissions. Answer: You need to check what your contract states with regard to strata manager insurance commissions. If…
Question: We have recently renovated our kitchen without approval from the Owners Corporation. Will have to return the kitchen to the original condition or be fined? Answer: Transparency and pro-activeness is usually the best approach when something like renovations without approval occurs. Kitchen renovations (with works involving waterproofing) are “minor renovations” under the new…
Question: For some reason, I have a key to the communal Fuse Box in our apartment building and I have been providing access for tenants who trip their fuse. I’m just trying to help. Why is this a problem? Answer: Fortunately, the strata manager has issued a notice to comply with the peaceful enjoyment…
Question: Can I have a political sign displayed on my apartment? I own the apartment. Does this rule also apply for ‘For Sale’ signs on apartments? Answer: Some buildings have specific signage by-laws prohibiting any signage whatsoever, with an approval process even in case of real estate ‘For Sale’ signage. Yes, buildings can restrict…
Question: Our neighbour has recently been playing their piano for hours every day. Is this a breach of the peaceful enjoyment bylaw and how can we make this stop? Answer: Fortunately, the strata manager has issued a notice to comply with the peaceful enjoyment bylaw as the owners corporation should be enforcing the by-laws. Fortunately,…
Question: My apartment is west facing and the balcony and bedrooms are almost unliveable in Summer. My Strata Committee has declined my request to approve outside awnings without giving reasons. What redress do I have please? Answer: Because the awning will be affixed to the exterior of the building and because the awnings will change…
Question: After calling our new strata management company for information, I have personally been charged a sum. Until the invoice is paid, I am unfinancial. Are strata management companies authorised to act as a “debt collector” for the owners corporation? Answer: No, the strata manager is not authorised to act as “debt” collector. Write to…
Short-term Letting Update The Fair Trading Amendment (Short-term Rental Accommodation) Act 2018 (NSW) was recently passed by both Houses and assented to. It has introduced a new Section 137A to the strata legislation which states that a by-law may prohibit short-term letting for non owner-occupiers. In other words, a by-law cannot prevent an owner-occupier…
Question: How can I stop my upstairs neighbour from washing down their outdoor area, sometimes with bleach, causing water dripping over my balcony? This disturbs the use of my property. What rights do I have to make them stop? Answer: Your neighbour may not use their lot in such a way that causes nuisance…
Intercom Systems Question: Hi Leanne, I’m a regular reader of your weekly Strata News and I had a query for you: Does the Owners Corporation have an obligation to provide an Intercom system for the building that it supervises? Answer: We are pleased to hear that you are regular reader of our articles! While there is…
Owners Corporation & Animals Question: I was under the impression that there was legislation that said an Owner Corporation could not make laws to prohibit animals on any lot. However, it is important to have rules around common property and other sensible rules around owner and pet behaviour Could you please advise? Answer: An Owners…