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: Is it possible for an owner to change their vote on an agenda item that they have already voted on during the same AGM? Is it possible for an owner to change their vote on an agenda item that they have already voted on during the same AGM? At an AGM, if Owner…
Question: The committee chair entered into a $13,000 contract with a landscaping company without the deal being minuted. What can be done to censure the chair and what can be done to legitimise the deal? Answer: We would recommend ratifying the decision at a general meeting of the owners corporation. In the absence of bad…
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…
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: My new neighbours in the unit above uses incense in their unit every day. The smell fills up my unit and in the public passageway. What legal rights do I have? Is it all right to get the police involved? Answer: BBQ smoke, cigarette smoke and possibly incense smoke drift could potentially be…
Question: I’m a healthcare shift worker. My downstairs neighbours says I can’t shower after 9pm. What are my rights here? I am renting an apartment. The woman below me is quite noise sensitive and isn’t the type of person I want to upset. However, I am a healthcare worker and do shift work. My…
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…