Question: In the AGM last year, we all voted to have a defibrillator. The chairman and secretary voted against it and in every meeting since have decided to ask a lawyer their legal rights and are digging their heels in. Can they do this? Answer: It may be that the strata committee is seeking…
Question: Who is responsible for a broken window in a strata unit? Who is responsible for a broken window in a strata unit? Who should be invoiced – the tenant (occupying at the time the glass broke), the owners, or the Owners Corporation? I have read the Fair Trading Common Property Memorandum but under 9 Windows…
Question: My new neighbours in the unit above uses incense in their unit every day. The smell fills up my unit and in the public passageway. What legal rights do I have? Is it all right to get the police involved? Answer: BBQ smoke, cigarette smoke and possibly incense smoke drift could potentially be…
Question: Two large common property trees are blocking views and sunlight in our 5 lot scheme. The majority want them trimmed, but two owners disagree and say we cannot trim the trees. How do we proceed? In a block of 5 units, we have two trees in our common garden. The trees have grown…
Question: We own a villa in a two lot strata scheme that is in need of repainting. The owners of the other lot do not want to pay for the property to be repainted. We own a villa in a two lot strata scheme that is in need of repainting. The owners of the other…
Question: One townhouse in our complex has a tree growing within their lot that is now covering a section of the roof and contributing to blocked gutters. Can you please confirm whether or not it is the unit owner or the Strata’s responsibility to prune the offending tree? Answer: Once you determine where the tree…
Question: Can we combine 2 strata lots to create one large lot? What do we need to consider? We own a two-bedroom strata apartment and are considering buying the one-bedroom apartment next door to increase our overall space and give each of our daughters their own room, etc. If no one else’s lots, building stability,…
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…
Question: Our Strata Manager keeps coming into my garage to have a look around etc. Am I entitled to ask them politely to ensure all correspondence between us is through email, text or phone call? Answer: It is unclear why your strata manager keeps trespassing. Yes, absolutely, you should ask them to refrain from…
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…
Question: If an issue in common property leads to flooding in the unit and damage to the unit, is the owners corporation responsible to repair or reimburse the costs incurred to fix the damage? If an issue in common property leads to flooding in the unit and damage to the floor or ceiling within…
Question: As a new owner can my building manager charge me $140 per access card x 4 to access my lot? As a new owner can my building manager charge me $140 per access card x 4 to access my lot? The two access cards provided by the previous owner have been deactivated. My family…
Question: One townhouse in our complex has a tree growing within their lot that is now covering a section of the roof and contributing to blocked gutters. Can you please confirm whether or not it is the unit owner or the Strata’s responsibility to prune the offending tree? Answer: Once you determine where the…
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…
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…
All persons must wear masks on the common property and other shared areas from Tuesday the 13th of July 2021 This requirement applies to the Greater Sydney Area Shared property includes Lobbies Foyers Lifts Shared walkways Garbage rooms Garage areas Reception areas Mailbox areas Stairwells Shared facilities such as laundries, gyms and swimming pools The requirement…
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…
Question: The owners removed the carpet in the apartment above mine without permission. The noise is terrible. Is there anything I can do or do I have to put up with it? The owners removed the carpet in the apartment above mine without permission. Our strata plan has the basic standard Floor Coverings by-law….
Question: Can other lot owners walk through my car parking space? Answer: No. Technically this is trespass because you own the cubic air-space of the lot through which they are traversing. It may potentially be a nuisance too For the full question and our detailed response, visit the original publication at Look Up Strata. Do you have…
Question: What is the decision making process for changing light fittings in common areas? I thought these changes need to go to a general meeting and that they require a special resolution. Am I correct? My question is about the decision making process of the strata committee. Our strata committee decided to change the…