NSW: Q&A Positions on the Strata Committee

  Question: As an over 55s strata, our “pool” of likely contenders for interest in being a committee member is shrinking as lot owners age. We do have a good Strata Manager. What happens in this situation? Our NSW over 55s Strata is due to have its AGM next month. At this stage, none of…

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NSW: Q&A Who sets the agenda, Explanatory notes

  Question: At our last AGM I proposed a motion that meetings be held after 6pm. Our Strata Manager denied the motion from being on the agenda. Does the Strata Manager have authority to dismiss a motion? proposed a Motion for our last AGM within the correct guidelines and timing, that being, that future Annual…

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NSW: Q&As Strata Hub: What do you need to know?

  Question: Our Strata Manager insists on using a single first point of contact to liaise with regarding strata matters for the coming year. Is this usual? In our complex of 22 owners, we recently held our AGM. Of the 6 owners who were at the meeting, 3 owners volunteered to serve on the committee….

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NSW: Q&A Who sets the agenda, Explanatory notes

  Question: At a committee meeting, I proposed a motion concerning a topic under discussion for the committee to adopt. The topic had been included in the meeting agenda. The strata manager ruled the proposed motion ‘out of order’. Is this correct? A committee meeting was called by our strata manager with a written agenda…

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NSW: Q&A Positions on the Strata Committee

  Question: Although our committee is made up of 8 members, the position of Treasurer, Secretary and Chairperson are all held by the same person. Is there something in legislation to say this can be or can’t be done? Answer: This scenario is contemplated by the strata legislation. This scenario is contemplated by the strata…

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NSW: Q&A Strata Unit Entitlements – How are they Calculated?

  Question: Some lot owners have requested a motion that the lot entitlements be updated. Can all costs incurred for the amending of the entitlements be payable by the owners requesting the amendments? We are holding a special meeting this week and some of the lot owners have requested a motion that the lot entitlements…

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New Strata Hub is coming soon!

  Strata Hub is nearly ready to go live! As you will have read from our previous newsletters, the NSW Government has introduced a new portal, Strata Hub, to enable ease of access to key information relating to strata schemes. There has been a delayed start date due to the large number of strata schemes…

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NSW: Q&A Exclusive Use of Common Property

  Question: The building manager has taken over common area, installed a lock and now uses this space as a storage room. Can they change the room description and use without consulting owners? I am in a lot owner in a NSW residential 3 floor unit block. We have a common area drying room on…

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The new NSW Strata Hub!

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…

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NSW: Q&A The Right to Access Your Strata Lot

  Question: Our Strata Manager keeps coming into my garage to have a look around etc. Am I entitled to ask them politely to ensure all correspondence between us is through email, text or phone call? Answer: It is unclear why your strata manager keeps trespassing. Yes, absolutely, you should ask them to refrain from…

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Latest Strata Developments for New South Wales

  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…

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NSW: Q&A Special Levies, Levy Payments and Overdue Levies

  Question: My strata manager is withholding some of my levy notices. How do I ensure these late notices are sent to me, as the strata manager is ignoring my emails? I think my strata manager is withholding some of my levy notices. They say I am unfinancial, therefore I could not vote at the…

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NSW: Q&A Which ByLaws Apply to Our Strata Scheme?

Question:Can an existing Special ByLaw be amended without the legal cost of being re-written by a strata lawyer? Can an existing Special ByLaw be amended without the legal cost of being re-written by a strata lawyer. This bylaw outlines permission and the terms and conditions for owners to install ducted split air conditioning systems, roof…

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