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: 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 where 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 meeting…
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: Does all correspondence received by the committee ‘in and out’ have to be read at the general meetings? It seems that, in our complex, the owners corporation committee only reads out selected letters. Answer: Usually, only selected letters are read. That is the role of the Secretary of the Owners Corporation. There is…
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…
Question: Two Committee members made changes to common areas without any vote and used the common seal without approval. What process should have been followed? We are a strata of 3 townhouses. Is it illegal for 2 committee members/owners to use our strata’s common seal representing the Owners Corporation without having put the use of…
Question: Our Strata manager demands we remove vines from our lot because they are changing the appearance of our complex. We have planted vines around our lot which have grown but are not covering any other lot. Our Strata managers insist we are changing the appearance of our complex and are demanding their removal….
Question: We have discussed putting up some foyer Christmas decorations. Some residents have voiced their concerns about strata funds paying for the cost of acquiring the seasonal decorations. Our strata has an uninteresting entry foyer that would benefit from some visual enhancement. Hanging some artwork on the blank walls would make both residents and…
Question: Do the strata committee get a copy of the AGM agenda first, or do all owners get the agenda at the same time? If the committee get it first, does it put others at a disadvantage? Answer: There is no formal requirement that the AGM agenda must be given to the strata committee first….
Question: During closed-door meetings, the committee vote on each agenda item frequently without costings or reasons for decisions. As an owner, what can I do? The chair of the Strata committee enforces the ‘owners cannot interrupt’ rule. All decisions are made behind closed doors before the formal Strata Committee meeting. These closed-door meetings result…
Question: Is a proxy vote valid if the resident hasn’t been advised on the issue being voted on? What should the correct process be? Answer: It depends on how the proxy form is completed It depends on how the proxy form is completed. If the “form authorises the proxy to vote on my/our behalf on…
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: If a motion was defeated twice in the past, can the same motion be included on the Agenda of the upcoming AGM? I am an owner in a strata scheme the chairperson wants to install security cameras in our building. The motion was defeated twice in the past. The same motion was listed…
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: Our secretary takes full control at meetings, will not let anyone make any comments or ask any questions. We all feel very bullied by this person. What can we do? At our monthly Owners Corporation meetings, although the whole committee including the chairperson attended, the meeting was run by our overbearing secretary. We…