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…
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…
Question: When our AGM was scheduled, a cut off date was set as 5 weeks prior to the AGM. This was the last day agenda motions would be accepted. Does the close off date need to be advertised? Answer: There is no obligation to advertise the cut-off date for a general meeting. There is…
Question: If two proxy votes are handed in after the end of voting, does this invalidate all voting? To pass a new by-law, a postal vote was held at our retirement village of 136 units. When the vote was concluded, the strata committee considered the voting invalid as two proxy votes were handed in…
Question: Does all correspondence received by the committee ‘in and out’ have to be read at the general meetings? It seems that, in our complex, the owners corporation committee only reads out selected letters. Answer: Usually, only selected letters are read. That is the role of the Secretary of the Owners Corporation. There is…
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…
Question: Can we wash a car on common property in NSW? At our single-level complex of 18 villas, we each have one garage. Can we park a vehicle on common property in front of our own villa, not blocking any access or garage, to wash a vehicle using our OWN water? Answer: As the apron…
Question: Recent minutes did not mention the attendance of the (non owner and non proxied) son of an owner. I am being told that only owners names will be listed as attendees. Is this correct? Recent minutes did not mention the attendance of the (non owner and non proxied) son of an owner. The owner…
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…
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…
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….
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…
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…
Question: One townhouse in our complex has a tree growing within their lot that is now covering a section of the roof and contributing to blocked gutters. Can you please confirm whether or not it is the unit owner or the Strata’s responsibility to prune the offending tree? Answer: Once you determine where the tree…
Question: Can Owners Corporation members use their unit entitlements when calling a poll vote to form a strata committee? Answer: In some circumstances, the motion can be decided according to the value of unit entitlements voting for or against. In short, yes. Generally, a motion put to a meeting, or an election of officers of…
Question: I’m renting a unit in Brighton-Le-Sands, southern Sydney and I have a double garage. Can I use the garage for DIY projects rather than for parking of vehicles? Answer: Seek strata permission through your strata manager or your strata committee. It is advisable to seek strata permission through your strata manager (if you…
Question: As a new owner can my building manager charge me $140 per access card x 4 to access my lot? As a new owner can my building manager charge me $140 per access card x 4 to access my lot? The two access cards provided by the previous owner have been deactivated. My family…
Question: My strata manager is withholding some of my levy notices. How do I ensure these late notices are sent to me, as the strata manager is ignoring my emails? I think my strata manager is withholding some of my levy notices. They say I am unfinancial, therefore I could not vote at the…
Question:Can an existing Special ByLaw be amended without the legal cost of being re-written by a strata lawyer? Can an existing Special ByLaw be amended without the legal cost of being re-written by a strata lawyer. This bylaw outlines permission and the terms and conditions for owners to install ducted split air conditioning systems, roof…
Question: We receive a delayed strata levy. On the levy it shows 2 quarters plus interest, however, this was sent late from the strata. Are the owners still responsible for the interest? Answer: If the levy was issued late, they should not be charged any interest. They shouldn’t be responsible for the interest. If it…