NSW: Q&A Exclusive Use of Common Property

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? Answer: As no by-law was created, no exclusive use was validly created. This is a complex legal question, however,…

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NSW: Q&A Children and Noise Complaints in Apartments

Question: Are children excluded or exempted from breaching any provisions in the Strata Schemes Management legislation or any By-Law Clauses of the Strata Plan? Answer: Occupiers of the lot are responsible to ensure no noise may interfere with someone else’s use of their lot or common property. In our view it is not that they…

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NSW: Q&A Is a ByLaw needed for BBQs on Apartment Balconies

  Question: Should we have a bylaw allowing residents to have a BBQ on their apartment balcony? If we have no bylaw and a BBQ becomes a fire hazard, will the Strata Committee Members be held liable? Answer: You need to check what your contract states with regard to strata manager insurance commissions. We have…

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NSW: Q&A Can an Apartment Garage be Used Exclusively for Storage?

Question: A Lot Owner uses their garage for storage and parks their car on the street. The garage is below my apartment and they are constantly removing items and opening and closing the door. Is this nuisance? Answer: Check your by-laws to determine if you have a “Storage” By-law which basically states that only motor…

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Ask Premium Strata – Inactive Body Corporate Member

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! Answer: The legislation contemplates…

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Ask Premium Strata – Pets and Strata Bylaws

Pets and Strata Bylaws My super owns an investment unit within a strata which previously had an “Option B” pets policy but has recently changed that bylaw to “No Pets”. I bought the property, obviously, as an investment property and this new bylaw severely limits my ability to rent my property. Do I have any…

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Ask Premium Strata – Parking Bay Allocation

Parking Bay Allocation After reading your article on Strata News on towing parking offenders from common property, I was hoping you could give us some advice with an ongoing issue we have on parking. Parking issues take up far too much time in strata! We are in Sydney and we have a tenant residing in…

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NSW: Q&A Can A Strata Bylaw Set a Size Limit for Dogs?

  Question: My Owners Corporation has a bylaw setting a size limit for dogs in our building. Is this reasonable? How can I know how big my puppy will get? Answer: There are all types of pets by-laws including those with weight restrictions. There are all types of pets by-laws including those with weight restrictions – we…

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NSW: Q&A The First AGM, Building Defects and the Statutory Warranty

Question: What should lot owner’s know at the First AGM regarding building defects? Do we need to know about enforcing statutory warranties? Answer: The owners corporation needs to enforce the statutory warranties – depending on the contract date for the works. The system is based on self- help. The owners corporation needs to enforce the statutory warranties…

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NSW: Q&A Strata Manager Complaints and Bullying

  Question: We have complaints about our Strata Manager. What is the best way to remind our Strata Manager she is working for us? She borders on bullying. Answer: Speak to the principal of the strata management agency and asking for their intervention. Personality conflicts are inevitable in strata and other contexts – have you thought about…

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Ask Premium Strata: Faulty Waterproofing

Faulty Waterproofing I live in a unit complex in Sydney and there are 76 units. My strata contracted (& paid for) a company to come fix my faulty waterproofing on my balcony. In order to access the faulty waterproofing, the company had to remove/lift the wooden deck on the balcony. During the process of repairing the faulty…

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NSW: Repeated Breaches – The Washings on the Balcony!

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 hanging of washing on the balcony practices. Answer: Issue a notice to comply with the washing on the balcony bylaw and then pursue the matter through NCAT….

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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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