What laws apply to recording, publishing, or transcribing body corporate meetings?

By admin,

In our scheme, an owner who is not on the committee has made an unauthorised recording of a committee meeting without permission. Also, an owner trespassed on a neighbour's lot to take photographs of fences and sent the images to the committee. Should the committee formally record these incidents in the meeting minutes, and are there any legal implications to consider?

We would also like to know:

Do body corporate managers have a duty to advise on legal compliance?

By admin,

We noticed that caretaker agreements sometimes include a duty to advise the body corporate on compliance with relevant laws regarding maintenance of common property. However, we cannot find any similar obligation in the body corporate management contract to advise on legal compliance when handling body corporate matters.

How a small body corporate committee can meet its obligations and manage conflicts

By admin,

For over 20 years, our body corporate operated without a formal committee. As secretary, I informally carried out most executive roles and made decisions in consultation with the strata manager. We rarely held formal meetings or used voting outside committee processes, except when owners made specific requests, such as installing an air conditioner. Our committee now has three members, but given its small size, we face challenges in meeting all legislative requirements.

Stopping smoke drift in a Victoria apartment

By admin,

I own an apartment and am experiencing smoke drift from my neighbours. I have a health condition that puts me at high risk for a stroke, and the smoke is a genuine hazard to my health.

With the new rules regarding smoking not impinging on neighbouring lots, can I submit a grievance form to the owners corporation (OC), or must the OC include this rule in the by-laws before I can submit my complaint?

Body corporate meeting cancellation rules

By admin,

Our body corporate committee cancelled the EGM thirty minutes before it was scheduled to commence. The committee gave no reason for the cancellation. The strata manager advised that an update would be issued "shortly".

Over four days have passed since the cancellation, and despite numerous requests for an explanation, no information has been offered.

Looking for small building strata management in Sydney?

By admin,

How can a small four-lot strata scheme in Sydney find a strata management company interested in small building strata management? Can a small scheme increase its bargaining power when negotiating a strata management agreement, given that strata management agencies may consider the business of managing small strata schemes to be relatively unimportant and the agency isn't interested in considering changing any of the clauses in their agreement?

Bikinis by the pool. How brief is too brief?

By admin,

Can the body corporate regulate swimwear in common areas? We have a lady in our complex who wears an extremely brief bikini around the pool. It hides nothing. Referring to by-law 18 inappropriate attire, we have asked her not to wear the bikini. She has refused. Other than going to the Commissioner's Office, is there another way we could approach this? Due to the diverse cultures and religions represented in our building, we've had resident complaints.

Could an owners corporation be liable for injuries to unauthorised pool users if gates don't lock?

By admin,

We have an outdoor pool that complies with current laws. Unfortunately, we have unauthorised pool users who are 13 years old. The pool gates close automatically, but a key is not needed to access the area.

If a child is injured, is a NSW owners corporation liable for the unauthorised pool users? If yes, should we place a lock on the gates?

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