Question: We had no knowledge an EGM was held to appoint a new strata management agent. Is this legal? Isn’t 7 day’s notice required for an EGM? Recently we found out that an EGM was held to appoint a new strata management agent. We had no knowledge of the EGM or the proposal for…
Question: When recovering late levy payments, can the Owners Corporation recover the costs of using a lawyer/debt collector from the recalcitrant owner? Every time I ask for a motion to be placed on the agenda for the AGM, either the Strata Manager or the Strata Committee completely rewrite my motion. There is illegal parking occurring in…
Question: One lot owner is refusing to pay levies. What is the correct/recommended procedure to pursue debt recovery and in what order should those steps be taken? I am the “Honorary Administrator” of a self-managing strata scheme of four townhouses. We may need to take levy recovery action against one owner who is refusing…
Question: I want to install solar panels. Before I can install solar panels, I need to upgrade my fuse box. Isn’t it the responsibility of the owners corporation to pay for a fuse box upgrade? I am in a strata complex of 20 units and would like to install solar panels. Before I can…
Question: Our strata manager allowed a Pest Company to attend my lot without notifying me or receiving permission. Can I report the Strata Management Company for organising unauthorised access to my lot? Our strata manager allowed a Pest Company to attend my lot without notifying me. The first I knew was when I found…
Question: In NSW strata, how many committee members are needed to agree for the approval of building repairs or works? What is the NSW strata law regarding how many committee members can approve building repairs or works? In our building of eight lots, we have always stood by four committee member approvals as a…
Question: How many owners in a complex of 12 units are required to vote against a motion at an extraordinary general meeting. Answer: It depends whether you are asking about an unanimous, special or ordinary resolution. It depends whether you are asking about an unanimous, special or ordinary resolution. No one can vote against…
Question: Our neighbour drilled into our balcony to install an awning shade. What do we do now? Who is responsible if there is future damage due to the installation? Our downstairs neighbour got approval to set up an awning for her backyard. In her request she stated that drilling was ‘probably not required’, however,…
Question: A lot owner in our 5 lot NSW strata building is using the garage to store carpets for their business. What impact would this have on fire safety and strata insurance? Answer: You should contact your local council and make further enquiries there, as they have powers to stop the business being carried…
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: Does a strata committee have the authority to exempt a resident from complying with a by-law? A resident has asked the Strata Committee, on somewhat questionable grounds, to exempt the applicant from the Strata by-law banning laundry on balconies. My question is does a strata committee have the authority to exempt a resident…
Question: Are there regulations on the use of smoker BBQs on apartment balconies considering the amount of smoke and smell these produce? Answer: You must check the by-laws applicable to your scheme. The short answer is that you must check the by-laws applicable to your scheme. Many schemes have by-laws which regulate BBQ’s and…
Question: Our sinking fund has run out of money and we need a lot of repairs and maintenance done to common property. the window paint has all peeled off and in some cases starting to rot, lintels are rusting, there is a very large common area window that needs to be replaced (totally rusted)…
Question: One of our lot’s water meter leaked resulting in an excess water bill. Is the affected unit entitled to claim the excess water charges from our Owners Corporation? One of our lot’s water meter leaked resulting in an excess water bill. After a report from a plumber, the insurance company has stated it…
The new defects rectification guide has been launched in NSW. The NSW Government has written a step by step guide which helps Strata Managers and property owners with identifying and then rectifying defects in apartment buildings in a seamless process. This is a first of its kind for government and it enables the government…
Question: A lot owner with a dog causes nuisance to surrounding lots. What can the owners corporation do? Is there a legal way to handle this? We have a problem with a lot owner who owns a dog on our building. The dog is left for long periods unattended causing excessive barking, excrement is…
Strata Committee Meetings Can a Strata Committee member at a Committee meeting ( not an Owners Corp meeting) have another committee member act as their proxy if they know they be absent from that meeting? Answer: Not as a “proxy” per se, but effectively, yes, with the consent of the strata committee, as per the section…
Yapping Dogs I live in a very large Strata unit complex and there is an overload of dogs here – almost like a Canine Hotel – but all in all they are well mannered but there are those, that, at times bark and yap for an hour to 5 hours at a time. I find it to…
Visitors Car Parking I am one of the committee member for building with 65 apartment units. Our strata manager has informed us that we can convert our visitor carpark into a unit car space without having to comply with our development consent. At the moment We are complying with the minimum 13 visitor car parks…
Question: Can using a washing machine is after hours be considered a nuisance? Is it unfair or harsh to have a By-Law that deals with this? Is using a washing machine after hours a breach of noise / nuisance provisions? Is it unfair or harsh to have a By-Law provision that deals with when…