Question: Our committee has accepted a new MAA while we still had a year on the current agreement. There are fee increases and other changes. Why would this occur? I’m new to owning a strata lot and new to being on committee. A new managing agency agreement was presented at our AGM and quickly…
Question: Although our committee is made up of 8 members, the position of Treasurer, Secretary and Chairperson are all held by the same person. Is there something in legislation to say this can be or can’t be done? Answer: This scenario is contemplated by the strata legislation. This scenario is contemplated by the strata…
Question: When a strata property is sold, who is responsible for updating the strata ownership records? Is it the vendor or the purchaser’s responsibility? Answer: This is both the vendor’s and the purchaser’s responsibility. This is both the vendor’s and the purchaser’s responsibility. During the conveyancing process a “strata interest notice” pursuant to Strata Schemes…
Question: Is it possible for an owner to change their vote on an agenda item that they have already voted on during the same AGM? Is it possible for an owner to change their vote on an agenda item that they have already voted on during the same AGM? At an AGM, if Owner…
Question: If the strata manager gives incorrect advice causing a monetary loss to the owners corporation, what remedy is available to the OC? Answer: The type and quantum of liability of the managing agent is limited. Generally, the strata management agency agreement between the Strata Management Agency and Owners Corporation will set out the liability of…
Question: One of our EC members has called a general meeting to terminate our current strata manager and appoint a new one. He states there is a dispute about the length of the current agreement. Should the meeting proceed or be postponed until the disputed term has been settled? I am a member of…
Question: Some lot owners have requested a motion that the lot entitlements be updated. Can all costs incurred for the amending of the entitlements be payable by the owners requesting the amendments? We are holding a special meeting this week and some of the lot owners have requested a motion that the lot entitlements…
Question: Can significant matters that require special resolutions be raised verbally under a general heading at the AGM? At our recent AGM, two matters were discussed that were not specified on the agenda. Both items were raised verbally. The first was under ‘Maintenance’. The second matter, requiring a special resolution, was introduced in our Zoom…
Question: The building manager has taken over common area, installed a lock and now uses this space as a storage room. Can they change the room description and use without consulting owners? I am in a lot owner in a NSW residential 3 floor unit block. We have a common area drying room on…
Question: An EGM was called to dismiss the strata manager. When sending out the agenda for the meeting, the strata manager added information to our explanatory notes. Is this legal? The majority of the committee are deeply dissatisfied with our strata manager. We requested an EGM be called and we put forward a motion to…
Question: Does the strata committee have the right to block me replacing my non-working aircon unit with a similar unit? I have applied to strata committee to replace my ageing non-working air conditioning unit with like replacement. I have sent detailed plan of replacement to the committee. There are no new attachments or invasion of…
Question: I’m seeking approval for new floorboard, but the committee insists upon a specific and expensive underlay. Can the owners corporation determine what underlay I use if I’m able to meet their requirements with a product I have chosen? I’m seeking permission from the Exec Committee to update my old floating floorboards to new…
Question: Is my landlord or the strata obliged to provide tenants with access to all common areas? We have no access to the common area rooftop. I rent in a block of 42 apartments. Although there is a common area on the rooftop, not every resident has been given a key. Is my landlord…
Question: Is a special resolution required for the removal of a large hedge at the front of our five lot strata building? Our block of 5 units has a very large hedge at the front of the property. The hedge provides privacy from the street for two of the apartments. The hedge also provides…
Question: When our AGM was scheduled, a cut off date was set as 5 weeks prior to the AGM. This was the last day agenda motions would be accepted. Does the close off date need to be advertised? Answer: There is no obligation to advertise the cut-off date for a general meeting. There is…
Question: If two proxy votes are handed in after the end of voting, does this invalidate all voting? To pass a new by-law, a postal vote was held at our retirement village of 136 units. When the vote was concluded, the strata committee considered the voting invalid as two proxy votes were handed in…
Question: My lot has a huge disabled parking spot for my adaptable unit. It’s big enough for 2 small cars. Is there a regulation or law that restricts me from parking 2 cars in this space? My lot has a huge disabled parking spot for my adaptable unit. It’s big enough to park 2…
Question: A lot owner in our small block has consistently been in arrears with levies. Although they are on a payment plan the situation is not improving. Do we have other options to recover the overdue levies? We have one owner in our small strata block of six that has consistently been in arrears…
Question: Can we wash a car on common property in NSW? At our single-level complex of 18 villas, we each have one garage. Can we park a vehicle on common property in front of our own villa, not blocking any access or garage, to wash a vehicle using our OWN water? Answer: As the apron…
Question: Recent minutes did not mention the attendance of the (non owner and non proxied) son of an owner. I am being told that only owners names will be listed as attendees. Is this correct? Recent minutes did not mention the attendance of the (non owner and non proxied) son of an owner. The owner…