Question: My wife and I are co-owners. Do we really have to submit proxy forms for the other when only one of us attends a meeting? My wife and I are co-owners. My reading of the act is that if one of us is not at the meeting then the other speaks and votes for…
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 wife and I are co-owners. Do we really have to submit proxy forms for the other when only one of us attends a meeting? My wife and I are co-owners. My reading of the act is that if one of us is not at the meeting then the other speaks and votes…
Question: Is the chairperson elected before each meeting? Answer: If you haven’t elected a chairperson, secretary and treasurer, to remain in office for the term of their appointment, you can elect a chairperson for each meeting. At a general meeting, you elect your strata committee, but you don’t elect the office bearers position. This…
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…
Question: I live in a block of units that has a resident who is a long term compliance cop. Can this person be removed from the committee before an AGM if the residents agree? I live in a block of units that has a resident who is a long term compliance cop. The person is…
Question: I am the sole committee person (Treasurer / Secretary and Chairperson) in our 7 lot scheme with one other lot owner as a committee member. He’s only concerned is his lot. How can I remove him from the committee? Our Strata consists of 7 units. I am the sole Committee person (Treasurer /…
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…
On Wednesday June 8 Leanne Habib founder of Premium Strata joined Nikki Jovicic from LookUpStrata to talk about the NSW rollback of amendments and answered owners NSW Strata questions. During the session, Leanne addressing the rollback of COVID-19 strata amendments in NSW which, among other things, relaxed the manner in which to vote at meetings (eg electronic voting is no longer automatically permissible)…
Question: What is the decision making process for changing light fittings in common areas? I thought these changes need to go to a general meeting and that they require a special resolution. Am I correct? My question is about the decision making process of the strata committee. Our strata committee decided to change the…
Question: I am a piano player living in a NSW strata apartment building. I have received two noise breaches for nuisance about the piano music, claiming I play excessively. This is not correct. What can I do? I am a piano player living in a NSW strata apartment building. I have received two noise…
Question: Whenever I submit a motion to be placed on the AGM agenda, it gets rewritten and changed. Why does this happen and is this action legal? Every time I ask for a motion to be placed on the agenda for the AGM, either the Strata Manager or the Strata Committee completely rewrite my…
Question: I can’t seem to find any information on how to set up the trust account at the bank. What should we be aware of? I am a lot owner (block of 3) and we are looking at managing the strata ourselves. I can’t seem to find any information on how to set up…
Question: Is it legal to block access to a common area lift from the car park to the foyer? The Strata Committee is denying access to the elevator via the car park unless you have a doctor’s certificate stating you can’t walk up 12 steep stairs to the front entrance (which then leads to…
Question: One lot owner is refusing to pay levies. What is the correct/recommended procedure to pursue debt recovery and in what order should those steps be taken? I am the “Honorary Administrator” of a self-managing strata scheme of four townhouses. We may need to take levy recovery action against one owner who is refusing…
Question: Can a proxy vote be cast in AGM elections for Owners Corporation committee members? If Yes: The person granting a proxy to another person may not know who the committee candidates are, as candidates can be nominated as late as the AGM itself. Each incumbent committee member who be able to hold up…
Question: In NSW strata, how many committee members are needed to agree for the approval of building repairs or works? What is the NSW strata law regarding how many committee members can approve building repairs or works? In our building of eight lots, we have always stood by four committee member approvals as a…
Question: Do we need permission to tile over the top of tiles in our townhouse bathroom and laundry? We will not be disturbing the waterproofing or original tiles? Answer: Tiles are hard surface flooring and therefore considered a “minor renovation” under the legislation. If the strata committee has been delegated the power to approve…
Question: How many owners in a complex of 12 units are required to vote against a motion at an extraordinary general meeting. Answer: It depends whether you are asking about an unanimous, special or ordinary resolution. It depends whether you are asking about an unanimous, special or ordinary resolution. No one can vote against…
Question: Our neighbour drilled into our balcony to install an awning shade. What do we do now? Who is responsible if there is future damage due to the installation? Our downstairs neighbour got approval to set up an awning for her backyard. In her request she stated that drilling was ‘probably not required’, however,…