Must older strata schemes comply with the NSW Strata Schemes Management Act 2015?

By admin,
  1. Is it compulsory for an existing Strata, say registered prior to July 1974, to adopt or comply with the new NSW State Strata Management Act of 2015?
  2. Can a majority Executive Committee vote to decide to maintain and comply with their pre-existing 2015 Strata By-laws?

Who can live in an over 55s or retirement village strata property?

By admin,

Our Strata is an over 55s or invalid property. Can a purchaser be stopped from buying a lot in a retirement village if they are unable to prove they are 55+ years old and/or permanently invalid?

Finally, what constitutes invalid under the Strata legislation?

Does a strata manager name change affect registered by-laws?

By admin,

On review of our Schemes current By-Laws, I noticed the Strata Manager had changed their Business Name back in 2015. However, they did not change the business name they register our by-laws under.

Can you please advise if this was to be the responsibility of the Strata Manager Business to action? (At the time of business change).

And if so, can the Committee apply for a fee compensation from the Strata Manager, to now have the name changed in the By-Law?

Can strata by-laws restrict dining and drinking on common property?

By admin,

In our 10 unit building, we have some issues with our common property. Owners in two of the units are constantly putting blankets outside on the lawn and dining/drinking. The rest of the residents are sick of the noise and having to constantly listen to these same two residents. What can resident do and not do on common property? Would our bylaws prevent this? We have a bylaw about noise, but would this also cover dining and drinking on the common property?

Do the 2016 NSW model strata by-laws automatically replace existing by-laws?

By admin,

Minutes from our 2017 AGM show we voted to accept the by-laws as registered for the scheme.

When the model strata by-laws were introduced with the new NSW strata legislation in the 2016 Act, did they automatically replace our old by-laws registered in 2003?

Are by-laws requiring residents to supervise guests using strata facilities fair and enforceable?

By admin,

We live in a large strata building with a pool and gym. Our by-laws require residents to accompany invitees if they use the facilities. While most resident comply and accompany their guests to the pool or gym, a small number of residents allow family and friends unsupervised access. This has resulted in offensive behaviour and an abuse of the pool rules. Resident are complaining.

Is there a fair and reasonable by-law to control guests without having to supervise them. Can we introduce consequences such as warnings, removal of access or other disciplinary action?

Can an owners corporation require specific plants in a planter box within a lot?

By admin,

I own a unit that contains a planter box as part of my lot.

The Owners Corporation demands I reinstate specific plants in the planter box. The plants which are currently in the planter box don’t interfere with common property and everything is within the boundaries of my lot.

Why would this be the case? Do I have to comply with the owners corporation's demands?