NSW Q&A: Strata Dispute Resolution: When the OC Breaches NCAT Orders

  Question: During the strata dispute resolution process, if an Owners Corporation breaches court orders, what recourse does the owner have? Answer: The failure by the owners corporation to comply with the NCAT Orders could be the basis upon which to seek the compulsory appointment of a strata manager. The failure by the owners corporation…

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Ask Premium Strata – Centreline Rule

Centreline Rule Question: I have been reading up on your weekly posts regarding the ‘Centreline Rule’ for Strata Plans registered before 1974. I read that Bannermans Lawyers response was that the boundary between lots applies to walls, floors and ceilings etc. Do you agree? What’s your opinion, does it applies to floors? Answer: Great to hear…

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NSW: Q&A Fined for not using the visitor parking spaces

  Question: I was fined for not parking in a visitor parking space at my girlfriend’s apartment. They are pursuing her for the money. Is this parking fine from the owners corporation valid? Answer: Only NCAT has jurisdiction to issue “fines” or “penalties” in this context. Therefore, it is highly unlikely this fine could be enforced. Only…

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NSW: Repeated Breaches – The Washings on the Line!

  Question: What action can the Strata Committee take to impose compliance for breaches? A lot owner is amplifying her non-compliance in response to being advised to cease her laundry drying practices. Answer: Issue a notice to comply and then pursue the matter through NCAT. The owner is clearly in breach of the by-law, so…

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NSW: Q&A Can We Avoid Strata Manager Insurance Commissions?

  Question: Our building insurance is due mid 2019. Is the Owners Corporation able to renew this themselves or must it go through the Strata Management Company? We would prefer not to pay our Strata Manager insurance commissions. Answer: You need to check what your contract states with regard to strata manager insurance commissions. If…

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NSW: Q&A Apartment renovations without approval. Oops … What do we do now?

  Question: We have recently renovated our kitchen without approval from the Owners Corporation. Will have to return the kitchen to the original condition or be fined? Answer: Transparency and pro-activeness is usually the best approach when something like renovations without approval occurs. Kitchen renovations (with works involving waterproofing) are “minor renovations” under the new…

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NSW: Q&A Can I Put a Sign Up On My Apartment?

  Question: Can I have a political sign displayed on my apartment? I own the apartment. Does this rule also apply for ‘For Sale’ signs on apartments? Answer: Some buildings have specific signage by-laws prohibiting any signage whatsoever, with an approval process even in case of real estate ‘For Sale’ signage. Yes, buildings can restrict…

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NSW: Q&A Can we hold Electronic Meetings and have Electronic Voting?

  Question: Can we hold a meeting electronically and just have everybody use electronic voting on the issue of a special levy via email to our strata manager rather than having another face to face meeting? Answer: Whether or not you need a meeting depends on whether you’ve adopted “pre-meeting” electronic voting or electronic voting…

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NSW: Q&A Water Dripping Over Balcony From the Neighbour Above

  Question: How can I stop my upstairs neighbour from washing down their outdoor area, sometimes with bleach, causing water dripping over my balcony? This disturbs the use of my property. What rights do I have to make them stop? Answer: Your neighbour may not use their lot in such a way that causes nuisance…

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