Who is responsible for managing bins in a strata scheme?

By admin,

We are residents of a small complex of eight units and have just lost the person who volunteered to manage our bins for the past eighteen years. Responsibility for the bins now falls to each resident, as stipulated in our standard by-laws.

Council is not happy as our bin enclosure only has a capacity for ten bins. We intend to house eight waste bins in the enclosure and accommodate eight recycle bins in the front patio of each unit, but Council is not happy with this arrangement either.

What voting is required to allocate car parks by by-law?

By admin,

I have recently become chairperson of our body corporate committee. Our 24 lot complex was built in 1991. In 2017, through a special resolution at our AGM, all lot owners had the chance to vote to introduce a by-law to allocate one car park per lot within each garage and 12 visitor car parks.

A lot owner insists 100% of owners were required to agree with the change. I believe we only needed two-thirds of voters to agree.

The lot owner believes the by-law is invalid as it isn't registered with our local council.

Is the by-law valid?

Can a body corporate require minimum standards for tap ware?

By admin,

Our body corporate has shared water meters. Some units in our 8 lot scheme have been renovated since the build in 1970 and we’d like to arrange a plumbing audit on lots. Can the committee introduce a by-law stating that all tap ware in the lots must be of a certain standard and star rating?

Managing by-law enforcement in over-50s communities

By admin,

As our over-50s community ages, we're seeing an increasing number of residents with care needs. How can the strata committee ensure that by-laws, such as those governing smoking, noise, and general behaviour, are upheld? Can the committee legally request an assessment of a resident's capacity to live independently and comply with these rules under the Aged Care Act 1997?

Do new by-laws apply to existing situations?

By admin,

Our body corporate is currently updating the Community Management Statement (CMS). When I first moved into the 40-year-old apartment block, there was no CMS. While I was chair, I introduced one to address certain issues, and now the CMS is being updated again. Over time, residents have made changes, many of which predate the introduction of the CMS.