Do schedule 2 by-laws automatically apply to older strata schemes, and do they need to be registered?
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Our block of 7 villas in Sydney is self managed. We have not updated our by-laws as we believe the schedule 2 by-laws are acceptable. A property manager who manages one of the villas has told us the tenants can do whatever they want because our scheme is not covered by any by-laws.
The complex was incorporated as a strata scheme in 1978 and has always operated under the schedule 2 by-laws. Are we covered by the schedule 2 by-laws? Do we need to lodge the schedule 2 by-laws with the government, or are these by-laws automatically part of our complex?
What to do if the administration fund goes into deficit after unexpected expenses
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Our administration fund has fallen into a $20,000 deficit after paying our insurance and some unexpected maintenance costs. Staff at our strata management firm have given us conflicting advice about what to do next.
One person advised that all administration-related spending must stop until the fund is back in surplus, either by waiting for regular levy payments or by raising a special levy. Another suggested we transfer money from the capital works fund to cover the shortfall.
Fixtures vs contents: What do lot owners need to insure in NSW strata schemes?
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Your NSW strata insurance articles say that in NSW, the Strata Schemes Management Act requires building insurance that covers fixtures within an apartment. My strata manager has told me that our policy does not cover fixtures inside my lot and has sent me the PDS, which excludes personal contents and fixtures.
What am I personally responsible for insuring inside my apartment? Can you clarify what the strata building insurance should cover in NSW and what owners need to insure?
Is it best practice to identify owners in strata committee minutes?
Can a strata committee identify an owner in the meeting minutes by name or lot number? The owner submitted a casual question/suggestion to the office coordinator, rather than directly to the committee.
There was no formal motion, no agenda item, and no request for a decision at the meeting. The office only passed on the feedback. Is it appropriate or lawful for the committee to record the owner’s identity in the minutes in these circumstances, or should the minutes refer to the question in a more general or anonymous way?
Collective sale ballots. Improving transparency and trust in the decision making process
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Two written ballots have been held in our 23-lot strata about the potential sale of the entire block to a developer. Neither ballot paper was marked as private, confidential, or secret.
For the first ballot, the chair reported the result as 11 in favour and 7 against, which means 5 lots did not respond. Because the units are different sizes, knowing which lots voted (and which did not) would allow owners to understand the voting in terms of unit entitlements. However, the chair refuses to reveal which lots submitted a ballot or how each lot voted, despite repeated requests.
How can owners fill vacant strata committee and officer roles after the AGM?
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At our AGM, the owners voted to have a committee of seven members. Only four lot owners nominated for the committee, and they were elected. The executive positions (chair, secretary or treasurer) were not filled at the meeting. Our managing agent stepped into the executive roles.
Can lot owners nominate to fill the three vacant committee positions, including the executive roles? If so, what is the correct procedure for nominating and accepting these nominations after the AGM?