Question: We did not receive a levy invoice or a notice of arrears. The next period notice invoice for levies, strata is charging interest and there is a notice of arrears fee. Do we have to pay the arrears notice fee and interest if we never received the invoice? Answer: It depends whether you…
Question: How many committee members need to sign off on the approval for repairs or building maintenance work for NSW strata properties? Our new Strata Manager is approving work quotes when only one or two committee members have OK’d it verbally, without including the other committee members in any correspondence. Answer: Email direction is…
Question: Does a strata committee have the authority to exempt a resident from complying with a by-law? A resident has asked the Strata Committee, on somewhat questionable grounds, to exempt the applicant from the Strata by-law banning laundry on balconies. My question is does a strata committee have the authority to exempt a resident…
Question: Our strata manager refuses to hold our AGM after office hours. Should this be an expected service or is he being inflexible? Our strata manager refuses to hold our AGM at 6.30 pm. He says his office closes at 6 pm and will not accommodate an owner who cannot attend until 6.30 pm…
Question: One of our lot’s water meter leaked resulting in an excess water bill. Is the affected unit entitled to claim the excess water charges from our Owners Corporation? One of our lot’s water meter leaked resulting in an excess water bill. After a report from a plumber, the insurance company has stated it…
The new defects rectification guide has been launched in NSW. The NSW Government has written a step by step guide which helps Strata Managers and property owners with identifying and then rectifying defects in apartment buildings in a seamless process. This is a first of its kind for government and it enables the government…
Strata Committee Meetings Can a Strata Committee member at a Committee meeting ( not an Owners Corp meeting) have another committee member act as their proxy if they know they be absent from that meeting? Answer: Not as a “proxy” per se, but effectively, yes, with the consent of the strata committee, as per the section…
Yapping Dogs I live in a very large Strata unit complex and there is an overload of dogs here – almost like a Canine Hotel – but all in all they are well mannered but there are those, that, at times bark and yap for an hour to 5 hours at a time. I find it to…
Question: I was told AGM vote was not valid as I had sent it in 12 hrs before instead of 24 hours. Why are the rules around voting at AGMs so strict? My ballot vote for our AGM was rejected as I sent it in 12 hrs before instead of 24 hours before, so…
Question: Is it possible to access a unit if the owner has not granted permission but the tenant has? This is for the sake of a dye test and roofing repairs. Answer: The occupier needs to give his consent, therefore, the committee may enter the lot because it is the occupier’s consent which is…
Question: A resident has moved into one of the units in our strata, however, she is not registered as a tenant but as an ‘approved resident’. She is considered a visitor and is able to use visitor parking etc. What can we do about this? Answer: The easiest way to regulate this visitor is…
Question: If a committee member submits a motion they have a vested interest in, shouldn’t they abstain from voting? Should the strata manager enforce this? Regarding the issue of a Strata Committee Member proposing a motion to the Strata Committee that they have a vested interest in, which constitutes a breach of conflict of…
Question: I have an apartment with a balcony in NSW and can I put artificial hedge roll on my pole for decoration? Answer: While the decorative item is easily removed, it may offend the “keeping within the appearance of the building” by-law: While the decorative item is easily removed, it may offend the “keeping…
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: 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. You are correct. SCHEDULE 2 – Meeting procedures of strata committees of the Strata…
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…
Question: Can a vote on a decision be raised after a decision and expense has occurred? Under what circumstances does a decision require a special resolution? And who decides a special resolution is appropriate? Answer: Once an expense has been incurred and paid for it is difficult to reverse Once an expense has been…
Question: Is it necessary to record the names of movers and seconders in the Strata Committee minutes? What are the ramifications if those details are not recorded? Answer: There is no express requirement in the strata legislation to record such names, but you could record the names if you wanted to. There is no express requirement in the…
Question: Can a husband and wife both hold positions on a strata committee? Answer: Provided the rules on nominations were strictly observed at the time of their appointment, there is no restriction on a husband and wife both being on the strata committee. For the full question and our detailed response, visit the original…