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…
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: If I replace my old window and the owners corporation decides to replace all windows in the future, will I be liable for the special levy? I am about to renovate my unit and want to replace an old window with a louver. This process will cost about $5,000. I don’t mind paying, however,…
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…
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: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: Is this general meeting valid? What about the quorum? We have just had an EGM stated as (DATE) with pre-meeting voting closing (24 HRS PRIOR). The notice of the meeting was misleading. On one side of the header, it says: The meeting will be held on (DATE) via electronic vote commencing at (TIME) Next…
Question: We receive a delayed strata levy. On the levy it shows 2 quarters plus interest, however, this was sent late from the strata. Are the owners still responsible for the interest? Answer: If the levy was issued late, they should not be charged any interest. They shouldn’t be responsible for the interest. If it…
Question: My wife and I are co-owners. Do we really have to submit proxy forms for the other when only one of us attends a meeting? My wife and I are co-owners. My reading of the act is that if one of us is not at the meeting then the other speaks and votes for…
Question: What are the voting rights on a Strata motion mid-way through a unit’s sale process when contracts have been exchanged but are yet to be settled? Who is the voting party under these circumstances? Answer: The voting party is the registered owner on the strata roll at the time the vote is conducted….
Question: My wife and I are co-owners. Do we really have to submit proxy forms for the other when only one of us attends a meeting? My wife and I are co-owners. My reading of the act is that if one of us is not at the meeting then the other speaks and votes…
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…
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…
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: I live in a block of units that has a resident who is a long term compliance cop. Can this person be removed from the committee before an AGM if the residents agree? I live in a block of units that has a resident who is a long term compliance cop. The person is…
Question: My allocated parking spot has a tree in front if it which makes accessing the spot especially challenging. What can I do? I am currently renting a strata unit with an allocated parking spot. My allocated parking spot has a tree in front if it which makes entering and exiting the spot especially…
Question: Is there a code of conduct for owners corporations in NSW. I am especially interested in privacy regarding matters between the owners corporation and the owners. Answer: Strata Community Australia has a Code of Ethics, see link below: Strata Community Australia has a Code of Ethics: Code of Conduct – Strata Community Association The…