NSW: Q&A Strata Management Termination and Appointments

  Question: Our committee has accepted a new MAA while we still had a year on the current agreement. There are fee increases and other changes. Why would this occur? I’m new to owning a strata lot and new to being on committee. A new managing agency agreement was presented at our AGM and quickly…

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NSW: Q&A Positions on the Strata Committee

  Question: Although our committee is made up of 8 members, the position of Treasurer, Secretary and Chairperson are all held by the same person. Is there something in legislation to say this can be or can’t be done? Answer: This scenario is contemplated by the strata legislation. This scenario is contemplated by the strata…

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NSW: Q&A How do we Deal with Strata Manager Complaints and Bullying?

  Question: If the strata manager gives incorrect advice causing a monetary loss to the owners corporation, what remedy is available to the OC? Answer: The type and quantum of liability of the managing agent is limited. Generally, the strata management agency agreement between the Strata Management Agency and Owners Corporation will set out the liability of…

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NSW: Q&A Strata Unit Entitlements – How are they Calculated?

  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…

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NSW: Q&A Installing air conditioning in an apartment

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…

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NSW: Q&A Who sets the agenda, Explanatory notes

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…

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NSW: Q&A Strata approval for renovations – What is the process?

Question: I’d like to carry out minor renovations to my unit’s bathroom and kitchen. What is a reasonable amount of time for the committee to approve minor renovations once all plan documents have been provided? Answer: The owners corporation has failed to exercise its function if it does not exercise it within 2 months of…

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The new NSW Strata Hub!

The Strata Schemes Management Amendment (Information) Regulation, 2021 (NSW) commences on 30th June 2022. Owners Corporations will have to provide information annually to Fair Trading in the approved form: for the first time— if the first annual general meeting of the owners corporation is held on or before 30 June 2022—by 30 September 2022, or…

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NSW: Q&A Owners Corporation Committee Decisions

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…

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NSW: Q&A Foyer Christmas Decorations Purchased by Strata Funds

  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…

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NSW: Q&A Who sets the agenda, Explanatory notes

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….

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NSW: Q&A Owners Corporation Committee Decisions

  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…

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NSW: Q&A Spending Limits & Unapproved Fees

Question: Our owners corporation is part of a BMC. Is it regulation that the financial and annual budget of the BMC be presented to the strata committee or owners and approved at a committee meeting before the owners corporation AGM? I am an owner in an owners corporation that has shared facilities (BMC) with another…

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