NSW: Q&A Selling a Parking Spot in Strata Apartments

  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…

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NSW: Q&A Enforcing By-laws by Issuing Notices to Comply

  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…

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NSW Building Industry Springs into New Beginnings

  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…

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July 2020 Changes to Strata Schemes – What you Need to Know

  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…

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NSW Q&A: Smoking Inside Your Apartment

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…

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NSW Q&A: Rescinding Resolutions

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…

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NSW Q&A: Noisy Neighbour, Renovations and Construction Noise

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…

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NSW Q&A Section 100: The Power to Borrow Money

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…

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NSW Q&A: EGM Agenda

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…

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NSW Q&A: Strata Court Dispute Over Dog

Question: Due to complaints from one neighbour, our strata is trying to take us to court over our small dog. Other neighbours confirm the dog is fine. Do I have any right to keep the dog and not get taken to court? Our strata is currently trying to take us to court over our small…

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NSW: Q&A How To Deal With the Noisy Tenants In The Apartment Above

Question: I’d like the noisy tenants in the apartment above me to be aware of the disturbance they are creating and the lot owner to change the flooring and comply with sound proofing requirements. Is this achievable? The lot owner upstairs changed their flooring from carpet to timber floor without approval from strata. Since then,…

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NSW: Q&A Duties of Strata Treasurer. Is there a job description?

Question: Our Strata Treasurer holds a Petty Cash amount which we understand has been spent. We have asked for receipts but he has declined to table a reconciliation. What action can we take? I have a question relation to NSW Strata Schemes Management Act 2015 Section 93 The financial statements for any other fund must specify…

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