Changing from Strata Title to another Title - Is this possible?

By admin,

Is the new WA Community Title Legislation applicable to existing strata schemes? Most of the information coming out seems to be aimed at land developers

Will existing multi use strata scheme buildings, with constant in-fighting over management/common areas/cost allocations, etc. be able to adopt the community title format to try and offset some tension?

If so, what consequences might be anticipated in doing so, and would this entail the winding up of the strata scheme to facilitate a community title scheme?

How can a body corporate support a wheelchair user during a lift outage?

By admin,

Our complex is approximately 15yrs old. A disabled owner who relies on a wheelchair purchased a unit on the fourth level of the building approximately 4 years ago. The only access to this level is via one elevator or the fire stairs.

The elevator is due for refurbishment. It has been out of commission for over a week, and future repairs require it to be out of commission for approximately two months.

Insurance Increases Due To Defects

By admin,

Our building was constructed in 1992 and is assumed to have been built to the code of the time. Over the years, there have been multiple instances of waterproofing failures, including those involving flashing around roof penetrations. Would a strata insurance company expect repairs to fix the waterproofing or to bring the property up to current code?

Contributing to Common Property in Your Strata Building

By admin,

We have a common area with a lawn and paved driveway. Four units use this area to access their lots. The other six units access their lots from the street. The six units decided not to contribute to the reserve fund because they never used the common lawn or paved driveway. Would the decision about which units contribute to the reserve fund have been made at the inaugural AGM when the units were first built in 1991?

Privacy and Correspondence within a Body Corporate

By admin,

I own a lot in a strata complex of 102 lots. My mother lives in the apartment. The committee published a list of all "residents" contact details (lot number and phone number). They obtained these details from the body corporate records.

I purchased my lot in 2016 and have never received a request from the committee or strata for my mother's or my contact details to be published this way.

The committee updates the list regularly. Recently when they updated the list, my name and mobile number were included - even though my mother still resides in the lot and I am the owner.

Water Dripping Over Balcony From the Neighbour Above

By admin,

We are a small 14 unit complex in NSW where bylaws were created to allow enclosing of balconies for some units. Just over half of the units have been enclosed from the top floor to ground floors.

Drainage is via a pipe at one end of the balcony that does not extend very far out and there is no “lip” on the balcony edge to contain water. When hosing down windows, frames and ceilings of the balconies to clean off salt and grime, the water flows over the edge onto the enclosed balcony's windows below.

Underinsurance, Building Sum Insured and Strata

By admin,

At our last AGM, our strata manager put forward a motion to obtain a new valuation and adopt it for the owners corporation's insurance renewal. The new valuation is significantly lower than the valuations obtained 8 and 3 years ago, despite rising construction and labour costs.

Industry experts suggest the valuation underestimates reinstatement costs by about $1M, or $200K per dwelling. The new insured amount is $662k less than last year's policy. I raised these concerns, but the strata manager responded that the owners had already voted at the AGM to adopt the new valuation.

Can a body corporate force owners to install soundproofing when renovating flooring?

By admin,

In Brisbane, our body corporate has introduced a new CMS by-law that applies to renovations of balcony flooring. The by-law requires any lot owner who renovates their balcony to significantly upgrade the exclusive use common area by installing under-tile soundproofing, even though this was not part of the original building. In addition, the by-law requires the owner to arrange and pay for noise testing to prove the new flooring meets a specific sound transmission standard.

Where are my common property boundaries?

By admin,

I purchased a villa in a strata complex. My sales contract includes a survey of the lot.

On the survey, the distance between my back shed and the fence says the width should be two mts to the fence. When I measure it, the space is only 1700mm.

I raised the discrepancy with the secretary of the owners corporation. The secretary measured their fence and found they had the same problem at their villa.

The secretary says the owners corporation will not investigate the matter further.

I’ve lost approximately four sq mts along my backyard, worth around $20,000.