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: 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: I believe one of our bylaw is harsh, unconscionable or unreasonable. As a lot owner, should I apply to NCAT for the Tribunal to decide or should concerns first be raised to the Strata Committee or at a General Meeting? Answer: The procedure is to make an application for an Order declaring the…
Question: Two large common property trees are blocking views and sunlight in our 5 lot scheme. The majority want them trimmed, but two owners disagree and say we cannot trim the trees. How do we proceed? In a block of 5 units, we have two trees in our common garden. The trees have grown…
Question: We own a villa in a two lot strata scheme that is in need of repainting. The owners of the other lot do not want to pay for the property to be repainted. We own a villa in a two lot strata scheme that is in need of repainting. The owners of the other…
Question: My neighbour’s unapproved bathroom renovations have caused damage to my lot but he will not give permission for access. What can I do? There has been a bylaw put in place that says the unit above me will pay for any damage caused by his unapproved bathroom renovation. There has been a leak causing…
Question: How can I stop the never-ending nightmare of raising special strata levies? We purchased a unit in April 2018 with special levies meant to finish in June 2020. The strata have continued to raise special levies and the quote agreed on in 2016 (apparently) has more than doubled. I want this money back. I…
The Strata Schemes Management Amendment (Sustainability Infrastructure) Act, 2021 No 1 (NSW) (the “Amendment Act”) has introduced important amendments to the Strata Schemes Management Act, 2015 (NSW)(the “Act”). Keeping of animals You may have seen the media coverage of the landmark NSW Court of Appeal decision in Cooper v The Owners – Strata Plan No. 58068 [2020] NSWCA 250 (“Cooper”) which…
Question: How do we force a decision in a 4 unit, self-managed complex? There are always 2 for and 2 against. Strata is a democracy and it comes back down to a vote. Generally a four lot scheme can create more work than a 400 lot scheme because of that one reason where you just…
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…
Following extensive consultation with the community and holiday-letting industry, the Short-Term Rental Accommodation (STRA) framework has been finalised. The new regulatory framework seeks to ensure local communities continue to enjoy the economic benefits of STRA, while managing potential adverse impacts. Importantly, the new STRA policy includes a deferred commencement clause and consultation is ongoing…
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: Dogs at our complex yap for hours. The noise is driving me crazy but I’m not sure what I can do. Can you help? I live in a very large Strata unit complex. There is an overload of dogs here – almost like a Canine Hotel – but all in all they are…
Question: Our sinking fund has run out of money and we need a lot of repairs and maintenance done to common property. the window paint has all peeled off and in some cases starting to rot, lintels are rusting, there is a very large common area window that needs to be replaced (totally rusted)…
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: The apartment upstairs had some water leakages which has damaged my apartment. Am I responsible for repairs to the damage inside my unit? I own an apartment in NSW which is tenanted and agent managed. The apartment upstairs had some water leakages which has damaged both the duct connecting the floors as well…
From 1st July 2020, new laws regarding the disposal of goods abandoned on the common property came into effect. The regulation of the treatment of abandoned goods in strata schemes has been transferred from the Strata Schemes Management Act, 2015 (NSW) (“SSMA”) to the Uncollected Goods Act, 1995 (NSW) (“UGA”). The process for the removal…
Question:This site recently replied to an SA question about Common Property Alterations. Is the response also applicable for alterations to common property in NSW? Answer: The balance of decision making power by an owners corporation is by simple majority. Changes to common property in NSW and Types of Resolutions The NSW position regarding changes…
Question: My Owners Corporation has a bylaw setting a size limit for dogs in our building. Is this reasonable? How can I know how big my puppy will get? Answer: There are all types of pets by-laws including those with weight restrictions. There are all types of pets by-laws including those with weight restrictions – we…
Question: What action can the Strata Committee take to impose compliance for breaches? A lot owner is amplifying her non-compliance in response to being advised to cease her hanging of washing on the balcony practices. Answer: Issue a notice to comply with the washing on the balcony bylaw and then pursue the matter through NCAT….