Question: Should a Special Resolution for a by-law include the full by-law, which runs to two pages, or reference it as an attachment? We are looking to renovate our bathroom. Should a Special Resolution for the by-law include the full by-law, which runs to two pages, or reference it as an attachment? There is…
Question: If a strata block of units is zoned residential, can someone operate a manufacturing business from a unit? The person with the manufacturing business does not live in the building but owns the lot. It is like listening to someone urinating into a toilet bowl 24/7. Strata management is unable to offer any…
Question: At our last AGM I proposed a motion that meetings be held after 6pm. Our Strata Manager denied the motion from being on the agenda. Does the Strata Manager have authority to dismiss a motion? proposed a Motion for our last AGM within the correct guidelines and timing, that being, that future Annual…
Question: Can a Strata Committee make changes to a 10 Year Capital Works Plan that has been voted on and approved by the Lot Owners at an AGM? At our AGM, the 10 year maintenance plan, along with the details of how it will be implemented and the annual projects listed in chronological sequence…
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: 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: 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: 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…
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: I’m a healthcare shift worker. My downstairs neighbours says I can’t shower after 9pm. What are my rights here? I am renting an apartment. The woman below me is quite noise sensitive and isn’t the type of person I want to upset. However, I am a healthcare worker and do shift work. My…
Question: My strata manager is withholding some of my levy notices. How do I ensure these late notices are sent to me, as the strata manager is ignoring my emails? I think my strata manager is withholding some of my levy notices. They say I am unfinancial, therefore I could not vote at the…
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: Should legal representation be obtained by an Owners Corporation before applying to NCAT for a hearing for failure to comply with by-laws? Should legal representation be obtained by an Owners Corporation before applying to NCAT for a hearing for failure to comply with by-laws? At an NCAT hearing regarding continued failure to comply…
Question: I am a piano player living in a NSW strata apartment building. I have received two noise breaches for nuisance about the piano music, claiming I play excessively. This is not correct. What can I do? I am a piano player living in a NSW strata apartment building. I have received two noise…
Question: One lot owner is refusing to pay levies. What is the correct/recommended procedure to pursue debt recovery and in what order should those steps be taken? I am the “Honorary Administrator” of a self-managing strata scheme of four townhouses. We may need to take levy recovery action against one owner who is refusing…
Question: If you are not adequately satisfied with the performance of your strata manager, can’t you just swap them for a new one? If you are not adequately satisfied with the performance of your strata manager, then instead of prolonging the agony, it’s best to just give them the heave-ho and replace them with…
Question: I requested a Motion be included on the Agenda of a General Meeting. The Strata Manager failed to include the Motion. Are they in breach of the legislation? I requested a Motion be included on the Agenda of a General Meeting. The Strata Manager failed to include the Motion. Also, I had submitted…
Question: We have complaints about our Strata Manager. What is the best way to remind our Strata Manager she is working for us? She borders on bullying. We have complaints about our Strata Manager. What is the best way to remind our Strata Manager she is working for us & sometimes a little bit…
Question: Our Strata committee has 6 members. Can any 3 strata members form a quorum without communicating with the other strata members? Our Strata committee has six members. I am told a quorum is three members. Do the six strata members have to be notified before a meeting or decision is to be discussed or…