Can the lot entitlements be changed to match our insurance valuation?

By Neziah,

We are a five-unit, self-managed townhouse owners corporation. Four of our units have a similar single-level design. The fifth is a two-story unit which is approximately 20% larger. We recently received a formal valuation for all lots. Not surprisingly, the two-story unit has a higher rebuild valuation than the others, and we are currently insured for the sum of the two valuations, on the basis that we are required to insure for the rebuilding of the total property.

Can a closed special resolution ballot be reopened?

By Neziah,

We are an owners corporation of 8 units, and I'm 1 of the 3 committee members. The existing roof has been leaking over the past year despite minor repairs, and it requires major repairs. We obtained two quotes with a significant price difference. One was for full repair work and the other for a paint-on membrane. All committee members decided that, due to the high cost, this should be sent to all owners as a special resolution ballot to decide which quote to proceed with. The ballot closed in June, and the result were declared by the owners corporation manager a few days later via email.

Can an owner remove a long-serving strata committee member?

By Neziah,

How can an owner protect themselves against a committee member, specifically our secretary, who I believe has shown total disregard for strata legislation and other laws, including public health and safety, over more than 25 years in the role?

In my view, this has driven almost all owners away, leaving mostly tenants exposed to the ongoing issues.

Should a committee member with a conflict abstain from voting?

By Neziah,

Regarding a strata committee member proposing a motion they have a vested interest in, which may constitute a conflict of interest: the legislation mentions a maximum penalty of 10 penalty units, which I understand to be $1,100.00. However, the legislation doesn't clearly explain how a lot owner can instigate action when a committee member has breached Part 15 of Schedule 2 of the Strata Schemes Management Act 2015. Could someone provide the steps required to implement this course of action?

Can a pre-2003 caretaker deal escape the 10 year cap?

By Neziah,

We have a caretaker agreement which has been extended by 10 year deeds since 2003 without going to tender. The strata committee feels legally pressured to keep it in place by the caretaker. The last deed was signed in 2022 and before that, in 2016.

I understand that the 10 year rule was introduced in 2015, so can a lot owner like me complain to NCAT and have the agreement/deed terminated retrospectively to the 2016 deed?

Can the underfloor space in my duplex be sold to the other owner?

By Neziah,

I live in a self-managed 2 lot scheme in NSW. One lot sits above the other, and I live on the bottom. The lot above me was recently sold, and it appears that the underfloor space below me has been marketed and sold to the new owners as a cellar.

I do not have access to the underfloor space, but the other owners do. Is the underfloor space considered common property? What can I do about this situation?

Who pays for a leak from a past unauthorised renovation?

By Neziah,

If a lot owner renovates a bathroom without the owners corporation's approval or knowledge, and later sells the lot, who is responsible for the repair costs if the waterproof membrane fails? There was no by-law put in place at the time, as the owners corporation was unaware the renovation was occurring. Time has passed, the lot has since sold, and the shower now leaks.

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