What can residents do when a commercial lot runs noisy electrical equipment in a common property car park space?

By admin,

I live in an apartment complex with a commercial premise on the ground floor.

The commercial lot has been running equipment such as a refrigerator, AC unit and exhaust fans in the car park space. The owners corporation is aware of the situation but has taken no action.

The parking space where the equipment is placed is not marked on the strata plan. Also, they have been running high-noise exhaust fans 24/7. The AC unit emits hot air. The potential risk of fire has been ignored.

Do ownership change certificates create unnecessary tax return obligations?

By admin,

When a change of ownership occurs, the strata manager issues the necessary certificates on behalf of the strata company and invoices the requesting party. The payment goes to the strata company, and the strata manager then charges the strata company for the amount received. The strata manager also engages a tax professional to file an annual return at a cost of around $300, even though the only income is from the issue of certificates.

Do strata by-laws about mowing height apply to exclusive use areas as well as lot property?

By admin,

In our rural estate, the front of each lot has an exclusive use area. Our by-laws require lot owners to keep the grass below 75mm if there is a dwelling or 150mm without a dwelling. This by-law specifically refers to the "lot" and not "exclusive use". Owners must maintain their exclusive use areas, and all do except one owner.

What does a strata committee need to consider before approving a diesel generator installation on the roof?

By admin,

I am a Committee Member in a Strata Plan comprising 134 residential apartments. The complex is 8 storeys in height.

A lot owner wishes to install a personal diesel generator on the roof above his apartment to ensure his apartment enjoys continual power in the case of future black/brown-outs.

Apart from common property issues, are there any safety issues that need to be addressed prior to consideration for approval?

Can a chairperson with majority vote change parking by-laws without a general meeting?

By admin,

We are building managers operating a management rights letting business at the complex. Our chairperson holds the majority vote, as they own 72% of units in the scheme.

The committee added a by-law regarding visitor parking without an EGM for body corporate approval.

The committee chairperson insists the by-law was voted on at a meeting. We were not invited to or had any input into this undocumented meeting.

Do auditors verify payments made directly to the strata manager during a strata audit?

By admin,

If the committee discovered that large sums of money, aligning exactly with business invoices, were being paid directly to the strata manager instead of the repair company, would this be a cause for concern? For example, what if a $1,000 invoice for capital works repair was made directly to the strata manager rather than the repairer, while other similar repairs were paid to the repairer?

During a strata audit, is it standard practice for auditors to verify that the amounts listed in the trust bank statements match the corresponding invoices and payments?

Who is responsible if a burst pipe damages a lot when owners are unable to turn off the water?

By admin,

For our building, there is only one main water supply for the entire block of 24 flats. There are only 3 shut off taps designated by the owners corporation, 8 units per shut off tap. Owners are unable to turn off the water. Who is responsible if a burst pipe damages a lot while the owners are away.

Can a sole committee member claim costs for maintaining common property when other owners are non-resident and unengaged?

By admin,

My wife and I are the only resident owners in our small strata scheme. The other villas are occupied by renters. I am the secretary of the committee, but none of the other owners are interested in participating.

The common property includes fences, the driveway, and small garden areas in front of each villa. One of the renters is not maintaining their section of the common property, and it is downgrading the appearance of the scheme.