An owner damaged an old, large ironbark tree on common property while doing unapproved landscaping in their exclusive use courtyard. According to arborists' reports, structural roots were damaged or severed, and they assessed the tree as unsuitable for retention and recommended its removal.
Our committee is concerned about the safety risk the tree poses. Can the body corporate recover the cost of removing the tree from the owner?
A lot owner claims the waterproofing membrane in their internal ensuite failed. No external walls are involved. The strata committee and strata managing agent asked for a report from a water ingress specialist, but the owner hasn't provided one. Instead, they've supplied a report from the construction company they had already engaged to renovate the bathroom.
I own a unit in a block of four. Our contract with the owners corporation manager dates from 2020 and has been rolled over every year since, with the owners approving the rollover at each AGM. The manager has run all our AGMs, and we've never had a chairperson until this year. The owners areterminating the appointment contract in December.
An owner wants to use common property power in our basement car park to run a battery charger (not lithium). The charger would run on a timer, 24/7, and be left unattended. They've offered to pay $60 a year to cover the electricity.
What's the policy on this?
I'm renting a two-bedroom, two-bathroom apartment. I was told Airbnb isn't allowed, but the by-law I was sent says: "an owner, lessee or an occupier of a lot must not use or allow it to be used for short-term rental accommodation arrangement, if the lot is not the principal place of residence of the owner, lessee or occupier of the lot."
Since the apartment is my principal place of residence, am I allowed to rent out my spare bedroom?
Chris Kim is a Sydney-based solicitor at Benson Legal, with almost two decades of legal experience since his admission in 2007. He has held senior in-house counsel and general counsel roles across the residential building, property, infrastructure and resources sectors, and trained at a top-tier Australian law firm. Chris specialises in construction, property, commercial and dispute resolution matters, with substantial experience in building defects, construction contracts, litigation and governance.
I understand that individual owners are responsible for the flashing around roof penetrations for the ducted air conditioning package units they own. Is there a case or supporting opinion on section 129 of the Owners Corporations Act 2006 that confirms this?
Our upcoming AGM agenda includes this motion under insurance for the first time:
"The owners corporation resolve that they provide their informed consent to [broker] receiving commission for the placement of strata insurance."
We currently use an independent broker who finds the best strata insurance for our needs. What are the issues with this motion?