Staying compliant while waiting for the AS 1851 fire safety update

By admin,

I'm on the committee of an older strata building in NSW and have heard about planned updates to AS 1851, which covers fire protection system maintenance. We were told the update was due soon, but it has since been delayed. Can you explain what caused the delay, what changes we should expect, and what our committee should do in the meantime to ensure we remain compliant?

Just because a body corporate can tow doesn’t mean it should tow

By admin,

Local towing companies have advised that, because there has been no update to their legislation, they cannot provide towing services to bodies corporate when residents park in breach of by-laws. This is frustrating, as bodies corporate are legally required to enforce parking compliance but lack the legislative tools to do so.

How do strata committees respond to repeated complaints from one owner?

By admin,

Our small strata complex is generally harmonious, but one owner opposes almost every decision made by the executive committee, even when it benefits their own lot. Sometimes they suggest an idea, but when it's brought to a vote, they change their position and oppose it. Their objections are often based on misunderstandings, and when others disagree, they accuse them of bullying. They also send long, detailed emails after meetings demanding compensation for actions they don't support.

Majority rules for common property tree removal in strata

By admin,

We live in a 17-lot strata, and our ground-floor lot has exclusive use of the outdoor area and garden. A tall palm tree on the boundary provides privacy between our building and the neighbouring block. One owner on level 3 wants the palm removed, claiming it restricts his water view. The palm was there when he bought the apartment three years ago. It’s 20 metres from his unit and doesn’t block his main view, which is 180 degrees from his front balcony. Other owners want to keep the tree because it offers privacy and shade.

Can a caretaker vote on the extension of their caretaking agreement?

By admin,

Our body corporate’s caretaker also owns several units in the building, some personally, others through companies and in the names of their children. A motion will be put to the AGM to vary and extend the caretaking agreement. Are the caretaker and their associates entitled to vote on this motion, or would this be considered a conflict of interest?

Is the executive committee required to share a building defects report with all owners?

By admin,

We own a unit in a building that is just over 18 months old. Earlier this year, the executive committee engaged an independent consultant to prepare a defects report for negotiations with the developer and builder. Are owners entitled to access this report? We are particularly concerned because the committee is not addressing some of the defects raised at the first AGM in 2024. The executive committee hasn't provided any updates or reported on their progress.

Altering the common area such as letterboxes may require a special resolution

By admin,

Our committee of four wishes to alter the letterboxes, which are a common area. Does this require a special resolution? Should the committee call a special general meeting to allow more owners to participate? Would the owners corporation manager arrange this on our behalf, and can the matter instead be addressed at the next AGM? If a special general meeting is required, will the owners corporation incur costs to hold it?

Can a strata company charge owners for gutter cleaning when the gutters are lot property?

By admin,

I live in a single-tier strata of eight stand-alone villas. Our strata company has used a majority vote at a general meeting to include gutter cleaning in the annual administrative fund budget, meaning all owners must contribute to this service. However, the gutters on my lot are not common property according to the strata plan boundaries. They belong to my property, and I can clean them myself at no cost.

How minority owners can respond when the sinking fund is ignored

By admin,

We own a strata apartment in Queensland in a small block of three. The same family owns the other two apartments, and they outvote us on every decision. They refuse to spend money on maintenance, won’t increase the sinking fund, and have left the fund almost empty. They appointed a quantity surveyor to prepare a 10-year sinking fund plan, as required by law, but claim they don’t have to implement it and have no intention of doing so. What rights do we have in this situation to ensure the building is compliant?