The Strata Schemes Management Amendment (Sustainability Infrastructure) Act, 2021 No 1 (NSW) (the “Amendment Act”) has introduced important amendments to the Strata Schemes Management Act, 2015 (NSW)(the “Act”). Keeping of animals You may have seen the media coverage of the landmark NSW Court of Appeal decision in Cooper v The Owners – Strata Plan No. 58068 [2020] NSWCA 250 (“Cooper”) which…
Question: Is this general meeting valid? What about the quorum? We have just had an EGM stated as (DATE) with pre-meeting voting closing (24 HRS PRIOR). The notice of the meeting was misleading. On one side of the header, it says: The meeting will be held on (DATE) via electronic vote commencing at (TIME) Next…
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: 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…
The NSW Government bought in changes to laws which govern Short-Term Rental Accommodation late last year. Residential tenancy laws have been changed to clarify that short-term rental accommodation arrangements of 3 months or less are not covered by the residential tenancy laws. On 18 December 2020, the new mandatory Code of Conduct and the accompanying Fair…
Question: A lot owner wishes to sell one of their parking spots to me. What are the procedure, pit falls, legalities involved in starting this sale process? Is it possible? I am an owner with a two bedroom unit and one car spot. A neighbouring lot owner wishes to sell one of their parking…
Question: Where can I find the by-laws that apply to our scheme? Answer: Either you can carry out an online search or you can provide us with your strata plan number and we can conduct same for you on your behalf – the fees would be at cost approximately $25 per dealing search. For the full…
Question: A resident pet owner does the right things cleaning up dog poo on common property but not within their own lot. How do we enforce clean up of their lot and stop the smell! A lot owner has felt it necessary to draw the Strata Committee’s attention to repeated instances of pet faeces…
Question: I requested a Motion be included on the Agenda of a General Meeting. The Strata Manager failed to include the Motion. Are they in breach of the legislation? I requested a Motion be included on the Agenda of a General Meeting. The Strata Manager failed to include the Motion. Also, I had submitted…
Strata is thriving this Spring! The NSW Government along with David Chandler and the Office of the Building Commissioner are steaming ahead in cementing NSW as a Building Industry powerhouse. With the recent building industry failings and development oversights that have come to light in NSW the OBC has been granted new powers. As…
Question: What law now governs the towing of motor vehicles? Answer: From 1st July 2020, new laws regarding the disposal of goods abandoned on the common property came into effect. From 1st July 2020, new laws regarding the disposal of goods abandoned on the common property came into effect. The regulation of the treatment…
Rectification of building defects amendments to the Strata Schemes Management Act, 2015 (NSW) (“SSMA”) commenced on 1st July 2020 pursuant to the Strata Schemes Management Amendment (Building Defects Scheme) Act, 2018 (NSW). These are welcome new laws which increase the rights of owners corporations to make claims against builders, developers and others to have…
Question: We live in a high rise apt block and a few years ago we voted against a no smoking building, but we are not allowed to smoke in all common areas. That is fair enough. I’m not a smoker. But living in the western suburbs with a reasonably large amount of tenanted apartments, most…
Question: in relation to the article: NSW: Q&A Can Owners Corporation committee decisions be reconsidered? can you please point me to the section or clause in the SSMA 2015 or SSMR 2016, that refers to rescinding resolutions as referred to in this article 359? Answer: Any decision made by a corporation may be reversed. Further, Sch…
According to Strata Community Association (NSW), here is the definition of: Proxy Voting: An owner who is unable to attend a meeting may authorise (give their proxy) to another person to exercise their vote. This is achieved via proper completion of the prescribed form. Quorum: The minimum number of owners required for a meeting to proceed….
Question: Is there a requirement to notify residents of the commencement date of noisy renovation/repairs to the apartments and common areas? Is there a requirement to notify residents/lot owners of the commencement date of noisy renovation/repairs to the apartments and common areas? Recently we had a neighbour jackhammering with less than a 12-hour notice, and…
Question: Can I legally have a car towed that is parking in my strata units designated car park? The structure is 90 units in Newcastle NSW, 7 floors high with underground parking. Answer: You cannot have the car towed as you need the consent of the owner of the car. Generally speaking, no you cannot…
Question: At our next EGM we will be voting on whether to take out a Strata Loan to cover remedial works. What procedure is required for acceptance of this Motion? Answer: A resolution approving the relevant loan has to be passed at a general meeting of the owners corporation. Section 100 of the Strata Schemes…
Question: I have a question about who determines what is included in an EGM agenda? Can the Strata Manager simply circulate an EGM notice and voting papers without consulting with the entire Strata Committee, or is the SC meant to vote on what is included in the EGM agenda? Answer: Both the delegated secretary (Strata Manager…
Question: Our secretary only records the Strata committee minutes, including what she wants our owners corporation to hear. What can we do to get our processes back on track? Our NSW strata committee members are frustrated and concerned that our secretary only records (in Strata committee minutes), what she wants our owners corporation to hear….