Can a lot owner claim against the council of owners for costs caused by water ingress through common property?

By Admin LUS,

Water is entering my property via external cladding or windows. I'm currently outlaying around $150 per week for carpet drying and mould control.

The council of owners (CoO) refuses to reimburse me for this outlay. I've received requests from my tenant to reimburse them for their excessive power use due to having to run the drying equipment.

The current situation is not sustainable, and the tenant will likely leave with a consequent loss of rental income, reletting fees and other costs. Insurance is baulking at my claims as this should have been dealt with already.

Does a secretary's failure to store electronic ballot papers securely invalidate the vote?

By Admin LUS,

The secretary of our owners corporation breached section 15(7) of the Strata Schemes Management Regulation 2016. Does this compromise the voting process? Should the vote go ahead or be deemed invalid?

15 Pre-meeting electronic voting

  1. The secretary of the owners corporation must ensure that all electronic ballot papers are stored securely until the counting of the votes begins.

Can a strata committee conduct voting and elect a strata committee in a Zoom meeting?

By Admin LUS,

In NSW, can voting on motions and the election of the strata committee be conducted via a Zoom (video call) meeting? A verbal yes or no system was used.

If this is a valid voting method, should each lot owner's vote be recorded as part of the plan's strata records?

Are archive boxes still necessary now that strata documents must be held electronically?

By Admin LUS,

Our strata plan is charged an annual archive fee for documents held in archive boxes. As all documents are to be held electronically from June 2024, should this fee be charged, and is it reasonable to continue to have archive boxes? The strata manager says the boxes hold hard copies of items such as the minute book, correspondence and the common seal. Does the common seal need to be kept in archival storage?

Can a general meeting be held and determined by voting paper only, with no online or in-person meeting?

By Admin LUS,

In NSW, can a General Meeting and the motions be held and determined by voting paper only? Can this be done without any online or in-person meetings? The notice simply says voting papers are to be submitted by 12 pm on a particular date.