Can the strata manager share a draft building management agreement with owners?

By admin,

I am the owner of management rights in a NSW strata scheme and our agreement is due to be topped up.

At our last AGM, it was "RESOLVED that the owners corporation delegate to the strata committee the negotiation of a new 10yr Building Management agreement with the owner.

I tabled slightly alerted agreements to the committee, and they voted to get legal advice from a strata specialist.

Does the OC need a formal agreement with a caretaker who also operates as an onsite letting agent?

By admin,

Our caretaker is also an onsite letting agent who operates onsite and uses common property. An agreement exists between the caretaker and owners corporation for caretaking, however, there isn't an agreement for the letting agency. Does this leave the owners corporation financially and legally vulnerable? Is there a legal requirement for an agreement between the owners corporation and the letting agent?

How does a strata committee find and select a new building manager?

By admin,

The building manager for our building is leaving our large strata plan of around 170 apartments. How does the strata committee find a new building manager? What qualities should we look for in the new building manager?

Rather than rely on one person, we would prefer a company to ensure there is staff to replace the building manager when they are on leave or sick, etc.

Is an onsite building manager required to obtain a Police Check or Working with Children Check?

By admin,

I am the secretary of a strata committee for a 300-unit complex with pool, spa, and gym amenities. Is our onsite building manager required to obtain a Police Check and Working with Children Check (WwCC)? Is this best practice and part of our due diligence for ensuring the safety of our community?

Who removes trees in a strata lot that are damaging common property?

By admin,

If trees in a garden/courtyard, that is for the sole use of one unit, and it has caused damage to common property retaining boundary walls, who is responsible for removing the trees?

Is it also possible to pass a by-law that prevents trees and intrusive plants from being planted too close to the wall once it's fixed (after being paid for by all the strata owners)?

Palm tree fronds on common property are damaging my roof and gutters

By admin,

We live in a small, 6 lot strata. There is a large palm tree located on the common property extremely close to my lot. The fronds bang on my roof and gutters, waking me at night and potentially damaging the building.

A building inspector recommended the palm tree be removed as there is a potential for damage to the structure. The vote was 4 to 2 against removal. I pointed out the potential for future costs for strata if the tree damages my property.

Who's responsible for removal of a tall tree in my strata backyard?

By admin,

I live in a unit in a 4 lot strata. A tree in my backyard is 25 metres high. It requires pruning. The leaves above 15 metres are dead.

I received a notice from the Local Council to remove the tree.

The strata plan states: the stratum of part lot extends from 5 metres and 15 metres of the upper surface of the lowest floor level of the building on each respective lot.

Is it my or the strata's responsibility to remove the tree?

Can a strata manager insist on a single point of contact for the committee?

By admin,

In our complex of 22 owners, we recently held our AGM. Of the 6 owners who were at the meeting, 3 owners volunteered to serve on the committee.

Our Strata Manager insists on using a single first point of contact to liaise with regarding strata matters for the coming year.

Is an Annual Fire Safety Statement required for Strata Hub reporting?

By admin,

We have a small self-managed strata of 7 single-story villas under a single roof. Each villa is individually owned and used for private residential occupation. I am the treasurer/secretary of the strata and getting ready for the new reporting etc. under the Strata Hub.

Reading through the loads of information that will be required, I noted that we will be required to have an Annual Fire Safety Statement and provide the date of issue of the most recent one. Is this correct?

This is something that our strata have not obtained previously and sounds like an expensive exercise.