Can our manager charge more than their contracted handover fee?

By Neziah,

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.

Can a tenant rent out a spare room on Airbnb?

By Neziah,

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

By Neziah,

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.

Who is responsible for flashing around a rooftop air conditioning unit?

By Neziah,

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?

Why have we been asked to consent to the broker receiving commission?

By Neziah,

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?

Ashleigh Pryer

By Neziah,

Ashleigh Pryer is a Senior Strata Community Manager at B Strata, with more than five years’ experience supporting Western Australian strata communities. She holds a Certificate IV in Strata Community Management, SCA Level 2 accreditation, a Bachelor of Commerce in Tourism and Hospitality, and a Diploma of Leadership and Management.

Can I be locked out of my private rooftop area during works?

By Neziah,

Our owners corporation manager has blocked access to the roof for an indefinite period, likely some months, while abseilers complete maintenance and repair works on the outside of the building.

Each top-floor lot owns the area of roof above their apartment, mirroring the floor plan below. We reach it through the common property fire stairs.