Faulty Waterproofing I live in a unit complex in Sydney and there are 76 units. My strata contracted (& paid for) a company to come fix my faulty waterproofing on my balcony. In order to access the faulty waterproofing, the company had to remove/lift the wooden deck on the balcony. During the process of repairing the faulty…
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….
Question: During the strata dispute resolution process, if an Owners Corporation breaches court orders, what recourse does the owner have? Answer: The failure by the owners corporation to comply with the NCAT Orders could be the basis upon which to seek the compulsory appointment of a strata manager. The failure by the owners corporation…
Question: We have a general By-law stating residents must not park on common property without written approval. Is this sufficient or should we specifically refer to visitor parking spaces? Answer: A very specific visitor parking by-law should be drafted by a strata lawyer. Technically, this by-law is adequate because visitor car parking is common property. However,…
Question: A regular visitor to our building has exhibited violent behaviour to lot owners and we are concerned about resident safety. How do we proceed to protect neighbouring lot owners? Answer: It seems your only avenue would be to apply for an APVO – not APO. Though we are not criminal lawyers, it seems your…
Centreline Rule Question: I have been reading up on your weekly posts regarding the ‘Centreline Rule’ for Strata Plans registered before 1974. I read that Bannermans Lawyers response was that the boundary between lots applies to walls, floors and ceilings etc. Do you agree? What’s your opinion, does it applies to floors? Answer: Great to hear…
Question: Can I appoint an agent to receive all correspondence including owners corporation meetings information and levy notices? My strata manager insists this must go to the registered owner. Answer: You are correct. You are entitled to appoint an agent to receive notices. You are correct. Under Section 155 below (emphasis added), you are entitled to…
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 laundry drying practices. Answer: Issue a notice to comply and then pursue the matter through NCAT. The owner is clearly in breach of the by-law, so…
Question: Due to a common property defect, my tiles were damaged in an area on my verandah. As the tiles could not be matched, the whole space must be retiled. Should the OC pay for all work? Answer: There is a strata titles case very similar to yours. There is a strata titles case…
Question: About a month ago the receiver for our automatic garage door openers on the undercover secure garage stopped working properly. While we wait for the repair of the receiver, is it permitted to lock out residents from their own garages? Answer: Permanent closure of the garage may be a violation of proprietary rights…
Question: Our building insurance is due mid 2019. Is the Owners Corporation able to renew this themselves or must it go through the Strata Management Company? We would prefer not to pay our Strata Manager insurance commissions. Answer: You need to check what your contract states with regard to strata manager insurance commissions. If…
Question: We have recently renovated our kitchen without approval from the Owners Corporation. Will have to return the kitchen to the original condition or be fined? Answer: Transparency and pro-activeness is usually the best approach when something like renovations without approval occurs. Kitchen renovations (with works involving waterproofing) are “minor renovations” under the new…
Question: For some reason, I have a key to the communal Fuse Box in our apartment building and I have been providing access for tenants who trip their fuse. I’m just trying to help. Why is this a problem? Answer: Fortunately, the strata manager has issued a notice to comply with the peaceful enjoyment…
Question: Can I have a political sign displayed on my apartment? I own the apartment. Does this rule also apply for ‘For Sale’ signs on apartments? Answer: Some buildings have specific signage by-laws prohibiting any signage whatsoever, with an approval process even in case of real estate ‘For Sale’ signage. Yes, buildings can restrict…
Question: Our neighbour has recently been playing their piano for hours every day. Is this a breach of the peaceful enjoyment bylaw and how can we make this stop? Answer: Fortunately, the strata manager has issued a notice to comply with the peaceful enjoyment bylaw as the owners corporation should be enforcing the by-laws. Fortunately,…
Question: My apartment is west facing and the balcony and bedrooms are almost unliveable in Summer. My Strata Committee has declined my request to approve outside awnings without giving reasons. What redress do I have please? Answer: Because the awning will be affixed to the exterior of the building and because the awnings will change…
Question: After calling our new strata management company for information, I have personally been charged a sum. Until the invoice is paid, I am unfinancial. Are strata management companies authorised to act as a “debt collector” for the owners corporation? Answer: No, the strata manager is not authorised to act as “debt” collector. Write to…
Short-term Letting Update The Fair Trading Amendment (Short-term Rental Accommodation) Act 2018 (NSW) was recently passed by both Houses and assented to. It has introduced a new Section 137A to the strata legislation which states that a by-law may prohibit short-term letting for non owner-occupiers. In other words, a by-law cannot prevent an owner-occupier…
Question: Is the front door common property or the responsibility of the owner? Do lot owners need to seek permission to install deadlocks? Answer: Subject to any notations on the strata plan and applicable by-laws, a front entrance door is common property. As front doors are “fire-doors” for fire safety, the installation of additional…
Intercom Systems Question: Hi Leanne, I’m a regular reader of your weekly Strata News and I had a query for you: Does the Owners Corporation have an obligation to provide an Intercom system for the building that it supervises? Answer: We are pleased to hear that you are regular reader of our articles! While there is…