STRATA INSIGHTS In the September edition of our newsletter, we bring you the latest information on the strata sector in Australia, showcasing recent case studies and industry updates. OCN STRATA MATTERS CONFERENCE Premium Strata is working with Australian Apartment Advocacy (AAA) to ensure that lot owners are supported in the event that a builder faces…
STRATA INSIGHTS In the August edition of our newsletter, we bring you the latest information on the strata sector in Australia, showcasing recent case studies, industry updates and top tips. NCAT Case – Disputes Between Owners A recent NCAT case delves into the outcomes of legal proceeding that did not amount to contempt of court…
STRATA INSIGHTS In the July edition of our newsletter, we bring you the latest information on the strata sector in Australia, showcasing recent case studies, industry updates and top tips. NCAT Enforces By-Laws In a strata scheme in Wollstonecraft, the owners corporation established a by-law granting a lot owner the privilege to construct a pergola…
STRATA INSIGHTS In the June edition of our newsletter, we bring you the latest information on the strata sector in Australia, showcasing recent case studies, industry updates and top tips. Owners Corp Wins Combustible Cladding Case There has been a ground-breaking combustible cladding case in the NSW Court of Appeal in favour of the…
Merry Christmas; Premium Strata December Newsletter STRATA INSIGHTS In the May edition of our newsletter, we bring you the latest information on the strata sector in Australia, showcasing recent case studies, industry updates and top tips. What does the 2-year limitation period to bring action against an Owners Corporation mean? There is a two-year limitation…
Merry Christmas; Premium Strata December Newsletter STRATA INSIGHTS In the April edition of our newsletter, we bring you the latest information on the strata sector in Australia, showcasing the rising trends, industry updates and top tips. Rise in Strata Levies as Cost of Living Soars More and more people are struggling to pay their levy…
Merry Christmas; Premium Strata December Newsletter MARCH STRATA INSIGHTS 2023 Welcome to the March edition of our newsletter, where we bring you the latest information on the strata market in Australia. This month we delve into the growing trends, changing demographics and anticipated developments in the industry. 1. Overview There has been continuous growth on…
Question: As an over 55s strata, our “pool” of likely contenders for interest in being a committee member is shrinking as lot owners age. We do have a good Strata Manager. What happens in this situation? Our NSW over 55s Strata is due to have its AGM next month. At this stage, none of…
Question: At our last AGM I proposed a motion that meetings be held after 6pm. Our Strata Manager denied the motion from being on the agenda. Does the Strata Manager have authority to dismiss a motion? proposed a Motion for our last AGM within the correct guidelines and timing, that being, that future Annual…
Question: Our Strata Manager insists on using a single first point of contact to liaise with regarding strata matters for the coming year. Is this usual? In our complex of 22 owners, we recently held our AGM. Of the 6 owners who were at the meeting, 3 owners volunteered to serve on the committee….
Question: Can a Strata Committee make changes to a 10 Year Capital Works Plan that has been voted on and approved by the Lot Owners at an AGM? At our AGM, the 10 year maintenance plan, along with the details of how it will be implemented and the annual projects listed in chronological sequence…
Question: Does the strata Committee have the legal right to sell framed art pieces in common areas without all lot owner’s permission? Answer: Yes, a general meeting of the Owners Corporation would be required and there are likely local council consent and insurance implications. We consider that, at minimum, the Owners Corporation would need…
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: 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…
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…
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…
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…
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: Is my landlord or the strata obliged to provide tenants with access to all common areas? We have no access to the common area rooftop. I rent in a block of 42 apartments. Although there is a common area on the rooftop, not every resident has been given a key. Is my landlord…