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 to exercise their vote. This is achieved via proper completion of the prescribed form. Quorum: The minimum number of owners required for a meeting to proceed….
Question: In a duplex, we each have exclusive use of our yard and garden. Isn’t this therefore our responsibility to maintain? The other lot owner would like the owners corporation to remove a tree. I live in a duplex. Both units have exclusive use of their yard and gardens. The owner of the other unit…
Question: Our Strata is in NSW. Is a member of an Executive Committee eligible to vote on a motion they put forward? I understand the Committee members have a responsibility to make decisions on behalf of all lot owners, not for personal gain. Answer: You are correct. Sch 1 Cl 18 of the Strata Schemes Management Act,…
Question: I have a question about who determines what is included in an EGM agenda? Can the Strata Manager simply circulate an EGM notice and voting papers without consulting with the entire Strata Committee, or is the SC meant to vote on what is included in the EGM agenda? Answer: Both the delegated secretary (Strata Manager…
Question: Do sub-committees have the same legal responsibilities as Strata Committees under By-Laws and NSW Legislation in terms of issuing agendas and recording (and distributing to lot owners) minutes of meetings. Lot owners here suspect the committee is avoiding discussions with residents and committing to expenditure by declaring that they are meeting as a “sub-committee”….
Question: How can you add to a meeting agenda, either a committee meeting or Annual general meeting when the date, time, and agendas are already sent out? Answer: Theoretically, you could adjourn the meeting and incorporate additional items giving the full statutory notice period. The secretary of the owners corporation does not need to include requisitioned…
Question: Our secretary only records the Strata committee minutes, including what she wants our owners corporation to hear. What can we do to get our processes back on track? Our NSW strata committee members are frustrated and concerned that our secretary only records (in Strata committee minutes), what she wants our owners corporation to hear….
Question: Can an EGM be called to reverse the decision of a majority at an AGM? The owners corporation by a majority vote accepted the proposed strata levies at our AGM. Levies supported by appropriate budgets, explanations and Capital Works Funding Plan. A group of dissatisfied owners (just enough to make the 25% required for…
Question: I suspect my committee is meeting secretly and calling themselves a sub-committee, for the purpose of keeping proceedings of a significant matter away from residents. For a Community Scheme in NSW, does the legislation state that an agenda must be sent to all lot owners prior to a committee meeting being held, and that…
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…
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: I left rubbish on common property for a short period of time. An executive committee member collected the bag and went through the contents to identify the owner. Is this a breach of my privacy? I recently left a small household garbage bag on common property to run back and retrieve my entry…
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: 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: Is it allowable/acceptable to get in touch directly with strata manager for unit repairs to common property, rather than go through the executive committee? Answer: Yes, because in all likelihood, before the strata manager issues a work order for the repairs (subject to the extent of repairs), the strata manager will seek approval…
Question: What steps do we take to organise a leaky roof repair? What if some owners refuse to pay? Answer: The roof repairs will be common property and a repair that jointly the Executive Committee and the appointed Strata Manager would arrange for its repair. The roof repairs will be common property and a repair that…
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…
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…
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: How long can a strata committee member or chairperson hold positions in executive committee? Also, can the committee engage designers without lot owners agreeing to this appointment? Answer: No this is not permissible. Only one of them can seek nomination. As you may know, the number of members is determined annually at each…