Managing maintenance when owners deny the existence of the owners corporation

By admin,

I am an owner in a three unit strata scheme. Two units share a common driveway, and the third has its own. The hedges along the shared driveway need regular trimming, but the other owners refuse to help maintain the common property or participate in meetings, claiming there is no owners corporation.

Changing an AGM date after it’s been set

By admin,

In January 2025, the committee scheduled our AGM for 24 November. Our financial year ends on 30 August, and the body corporate distributed the nomination and motion forms, with submissions closing on 30 August.

At the end of September, we were informed that the chairperson was unhappy with the AGM date and wanted it changed. Is this allowed, and if so, what is the correct process for changing the AGM date?

Why do developers use internal surface boundaries in multi-tiered strata schemes?

By admin,

What are the pros and cons of setting lot boundaries at either the internal or external surfaces of the building? For example, with external boundaries, the building itself forms part of the lot. How does this distinction affect single-tier adjoining lots in a small group of around 16 lots? Are there specific reasons a strata developer might choose one boundary definition over the other?

Can an exclusive use area be approved conditionally to avoid upfront costs?

By admin,

The creation of an exclusive use area requires a “no dissent” vote at an AGM. Is it possible to submit a detailed proposal for the area and have it voted on without first obtaining legal advice or a survey, provided the matter is referred to the committee, subject to specific conditions?

For example, the conditions could include:

Can duplexes on a shared strata plan have separate strata insurance?

By admin,

I own one side of a duplex that shares a common driveway and wall with the adjoining lot. A detached house that does not share any common property with us sits at the front of the block, although all three lots are listed on the same strata plan and currently share one insurance policy.

How can owners formally submit a motion if the committee ignores majority support?

By admin,

Our building does not have a master key system, so owners need multiple keys to access their apartments, the front door, and fire stair doors. A request was made to the committee to upgrade to a master key system for $10,000, but the committee rejected it, citing a lack of funds.

A voluntary survey of our 36 owners, which I conducted, resulted in 23 responses. 19 supported the upgrade, representing a majority. I provided the committee with this information, but they have not acknowledged or responded.

What are the owners corporation’s obligations when owners can’t agree on repairs?

By admin,

In our ocean-front building, the windows and doors are in varying states of repair. Some are functioning well, while others are beyond repair and need replacement. Some owners want to replace only the broken windows and doors as needed, ensuring the replacements match the building’s appearance. Others believe we should replace all windows and doors at once to maintain a uniform look.

Who keeps a strata scheme's tax records — the strata manager or tax agent?

By admin,

We are a small three-lot strata scheme and have always lodged nil tax returns. I asked our strata manager to lodge a final return so we could stop future filings and save on annual accountancy and strata preparation fees. The accounting firm, which is partly owned by our strata manager, initially refused to lodge the final return.

Can strata introduce by-laws to control noise from residents working from home?

By admin,

With more people working from home, I've noticed a significant increase in white noise, especially in summer when balcony doors are open. I can hear residents' conversations and even their work calls for hours at a time. I often overhear private discussions while sitting on my balcony. Can strata complexes introduce restrictions or bylaws about working from home to address these noise and privacy concerns in buildings with shared walls?

Is Parliament doing enough to protect strata owners from industry power imbalances?

By admin,

Given the significant power and knowledge imbalance between strata owners and the professionals they engage, such as strata managers, building managers, and contractors, are existing legal principles sufficient to ensure fairness? Should the law be modified to better protect strata owners and help achieve more equitable outcomes?