Question: An ordinary resolution passed in 1991 at a general meeting voted to allow owners to park on common property and gave them allocated spaces. Do these owners have exclusive use rights of the common property? This is a complex legal question, however, in our view, because no by-law was created, no exclusive use was…
Question: What steps do we take to organise a leaky roof repair? What if some owners refuse to pay? The roof repairs will be common property and a repair that jointly the Executive Committee and the appointed Strata Manager would arrange for its repair. Subject to the delegated duties of the Strata Manager, generally Repairs and Maintenance…
Question: We’re concerned our Strata Management Company is experiencing operating problems. Are there safeguards in place to ensure the Strata Manager is not using our fees to prop up a failing business? The strata manager has a fiduciary duty NOT to misappropriate the funds which belong to the owners corporation ie it is a relationship…
Question: For the purpose of calculating overdue strata fees, could you please advise when it is deemed that an electronic transfer of a Strata unit owners levy fee is deemed to have been paid? In our view, electronic funds transfers should be treated like personal cheques ie funds are deemed received when the recipient may…
Question: Are there any templates available of renovation bylaws? Yes, you may purchase detailed renovation by-laws which regulate the carrying out of renovations and modifications to a lot which may specifically authorise the executive committee to sign off on the commencement of the works (provided all the requirements of the by-law are satisfied including standards and…
Inactive Body Corporate Member Could you please advise if a member of our Executive Committee – ‘Community Title’ – who has not attended any meetings since election but has proxied other members can be removed due to non participation. He also doesn’t answer emails sent out by the committee. Thanks for your help! So, unless there…
Sign up to our newsletter tor receive updates and news.
