In May this year the NSW Government introduced a new Section 271A into the Strata Schemes Management Act, 2015 (NSW) (the “Act”) (and the Community Land Management Act, 1989 (NSW). On November 11, the NSW Parliament reviewed the revisions and an extension of these regulations has been granted by the NSW Government. These will be in place for…
Question: Is a member of an Executive Committee eligible to vote on a motion they put forward? I understand the Committee members have a responsibility to make decisions on behalf of all lot owners, not for personal gain. Answer: You are correct. You are correct. SCHEDULE 2 – Meeting procedures of strata committees of the Strata…
Question: Our strata is demanding that we don’t store anything other than a car in our car spot? Is this Legal? If the boxes are neat and tidy, why can’t we store them in our parking lot? Answer: Your scheme may have the standard by-law 17, or have a specific by-law for prohibition of…
Rectification of building defects amendments to the Strata Schemes Management Act, 2015 (NSW) (“SSMA”) commenced on 1st July 2020 pursuant to the Strata Schemes Management Amendment (Building Defects Scheme) Act, 2018 (NSW). These are welcome new laws which increase the rights of owners corporations to make claims against builders, developers and others to have…
Question: in relation to the article: NSW: Q&A Can Owners Corporation committee decisions be reconsidered? can you please point me to the section or clause in the SSMA 2015 or SSMR 2016, that refers to rescinding resolutions as referred to in this article 359? Answer: Any decision made by a corporation may be reversed. Further, Sch…
Question: In a duplex, we each have exclusive use of our yard and garden. Isn’t this therefore our responsibility to maintain? The other lot owner would like the owners corporation to remove a tree. I live in a duplex. Both units have exclusive use of their yard and gardens. The owner of the other unit…
Question: To undertake major and minor renovations, do we need a separate by-law submitted for each item or can it all be included in one special renovation by-law? When an owner wants to renovate to undertake major and minor renovations does this need a separate by-law passed for each bit of work or can it…
Question: At our next EGM we will be voting on whether to take out a Strata Loan to cover remedial works. What procedure is required for acceptance of this Motion? Answer: A resolution approving the relevant loan has to be passed at a general meeting of the owners corporation. Section 100 of the Strata Schemes…
Question: Do the changes in the Strata Schemes Management Act limiting the number of proxy votes an individual may hold, also apply under the Community Land Management Act? I live in a Neighbourhood Association and want to be clear as to how many proxy votes an individual may hold under the Community Land Management Act,…
Question: Does the Strata Manager circulate an EGM notice and voting papers without consulting with the Committee, or is the SC meant to vote on what is included in the EGM agenda? I have a question about who determines what is included in an EGM agenda? Can the Strata Manager simply circulate an EGM notice…
Question: How can you add to a meeting agenda, either a committee meeting or Annual general meeting when the date, time, and agendas are already sent out? Answer: Theoretically, you could adjourn the meeting and incorporate additional items giving the full statutory notice period. The secretary of the owners corporation does not need to include requisitioned…
Question: In relation to the LookUp Strata article addressing spending limits for items not in the Council of Owners’ budget for Western Australia, do these limits apply in all states or only WA? I am in NSW. Answer: In NSW, the strata committee may be restricted on spending limits or any other matter or type of…
Question: Our secretary only records the Strata committee minutes, including what she wants our owners corporation to hear. What can we do to get our processes back on track? Our NSW strata committee members are frustrated and concerned that our secretary only records (in Strata committee minutes), what she wants our owners corporation to hear….
Question: Due to complaints from one neighbour, our strata is trying to take us to court over our small dog. Other neighbours confirm the dog is fine. Do I have any right to keep the dog and not get taken to court? Our strata is currently trying to take us to court over our small…
Question: I have neighbours who wake me every morning between 6am and 7.30am either by doing a wash, using the bathroom or kitchen, or opening and closing a sliding door by my bedroom. Quite clearly I can’t stop them using the bathroom but it’s the noise the pipes make that wakes me. They bang every…
Last month was the warmest January on record globally, with Australia experiencing sweltering temperatures of 40ºC plus and smoke haze for days on end. In the past week we have had the wettest February in years with some suburbs receiving in excess of 150mm in a 24 hour period. Your Strata Scheme may look…
Question: Can I appoint an agent to receive all correspondence including owners corporation meetings information and levy notices? My strata manager insists this must go to the registered owner. Answer: You are correct. You are entitled to appoint an agent to receive notices. You are correct. Under Section 155 below (emphasis added), you are entitled to…