Is leaf blower noise in a strata complex considered a nuisance or reasonable use of common property?

By admin,

We live in a complex consisting of both residents and holiday accommodation.

We are constantly listening to a Leaf blower two floors below us. This noise ruins our Saturday afternoons because we have to shut doors and windows to shut out the constant on and off leaf blower noise.

Why is this allowed in a unit complex? Surely it is a nuisance.

Can water runoff from balcony plants be a strata nuisance and what action should the body corporate take?

By admin,

I have a tenant above me who keeps watering her plants on her balcony until the water flows down to my balcony. The water can be filthy and contains fertilisers. It affects my belongings on my balcony and I'm concerned about water entering my light fitting.

What can the body corporate do about this? The landlord has been contacted repeatedly to ask his tenant not to do this and to cease the behaviour, but nothing changes. I have sent videos of the water coming down as well.

Can feeding wild birds on balconies breach strata by laws due to nuisance or property damage?

By admin,

Residents in our building have been feeding birds on their balconies. This has been disruptive and created a mess with bird seed husks and bird poo on surrounding balconies.

Are there any parts of the legislation or bylaws that could be used in this situation?

Can distributing security factsheets to residents breach strata nuisance by laws in Queensland?

By admin,

I raised a security issue to our committee and provided suggestions to address this at a meeting. The committee voted against the suggestions as they felt they weren't 'convenient'.

The meeting minutes did not detail the legitimate concerns, so I developed a factsheet to advise owners. I either handed the factsheets out in person around the building or put them in apartment door jambs.

Can a strata council member use proxy votes to elect themselves and does this create a conflict of interest?

By admin,

Can a member of the strata council use a proxy vote to elect themselves on the strata council? Is this classed as a service to the strata company as listed in Section 125 (2): Disqualification from voting as proxy?

Can council of owners proxy votes be given to a strata manager or must they be assigned to another lot owner?

By admin,

At a recent Council of Owners meeting proxy votes from COO members unable to attend the meeting were declared invalid as they were given to the Strata Manager. I've been advised these proxy votes can can only be given to the Chairman. Is this correct?

Bylaw 8 of the Strata Act Governance bylaws sub section (3) + (4) refers to companies appointing someone to act on their behalf at the meeting, which in fact can be anyone but is silent in regard to individual owners.

How are votes counted for a resolution without dissent in strata and do blank ballots affect the outcome?

By admin,

What are the voting rules for a Resolution Without Dissent? How do we count the votes?

Section 1230 (2)(b) Resolutions states in order for a resolution to be successful, "a resolution of a strata company is a resolution without dissent if — (b) no vote attached to a lot is cast against the resolution" (assuming the notice period requirement has been met).