More transparency and accountability over how sinking fund is are spent

By admin,

The executive committee of our CTS collect a sinking fund contribution from all owners, however, we don't have a sinking fund plan or a sinking fund report. The committee has stated there is no requirement for them to do so.

At the recent AGM, they doubled the contribution with no details on planned expenditure. The budget for the last financial year lists money spent from the sinking fund as miscellaneous.

If levies are collected for the sinking fund, should there be full transparency, governance and accountability on what the money is for and how it is spent?

Resident locks a common property gate blocking access to utility meters

By admin,

In our strata group, a tenants has put a lock on a common property gate that leads into their backyard. The backyard contains the gas and electrical meters. We no longer have access to these service.

Is the backyard considered common property because of the location of the meters? Or would there be an easement? Are the residents able to deny access to space? Can they put a lock on the common property gate?

How do you re-establish a strata scheme that has become defunct with no records or funds?

By admin,

How do I re-establish a NSW strata scheme that became defunct quite a long time ago? There does not seem to be any records or funds for the property. The owners of one of the lots have changed several times and the owner of the other lot has dementia and lacks legal capacity but does have a power of attorney in force. I imagine there are many 2-lot schemes in this situation and they will be flushed out by the Strata Hub annual reporting requirement.

I have a copy of the strata plan and a title search for the common property, but that's it.

Rezoning a commercial lot to a residential lot in our building

By admin,

Fifty of the 51 units in our building are residential. The remaining lot is an intended medical practice that has been sitting vacant and not fitted out since 2009. The owner intend to fit out the lot and open a medial practice with six consulting rooms operating 7 days a week, 7 am to 9 pm.

Residential owners would prefer the lot be rezoned for residential use to avoid having to share a lift with possibly highly infectious patients plus the loss of visitor parking spaces. Where does each party stand, legally?

Can the strata company take a matter to SAT over a plant dug up from common property?

By admin,

I dug up a neglected plant from the common property a few years ago. At our recent AGM, the chair raised the issue and estimated the cost of buying, planting, and tending the plant to be about $5,000. They provided no evidence in support of the amount.

Can they take the matter to SAT for a penalty? What would the penalty range be for something like this?

Benchmark information for caretaker remuneration

By admin,

I am the chairperson of a strata scheme in Sydney, NSW. We are currently reviewing the remuneration of our caretaker service and would like to know if there is any benchmark information for caretaker remuneration. Our caretaker is contracted to our strata scheme by a building management company.

We have 156 units spread across seven buildings operating on an 8-hour day, 5 days per week, plus a Saturday morning 3-hour service. We pay a remuneration amount of $150k per annum. Is this the market rate?

Spending limits and setting budgets

By admin,

There is a primary corporation, residential corporation and commercial corporation within our apartment complex for over 250 units.

The residential and commercial corporations are two lots under the primary corporation. Would the management committee have a say in the budget, expenditure and other decision making for the primary corporation?

Would members of the residential corporation have any say about the primary corporation, eg budget, expenditure and others.

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