What are the rules around smoke and smoking in strata buildings?

By admin,

The anti-smoking by-law regarding smoke drift is hard to enforce. Owner-occupiers in our unit block asked our committee and owners corporation (OC) to send out reminder letters about the issue, especially regarding smoke drift. Our OC has a by-law about smoke penetration, including the mention of “other substances" that can be vapes or incense.

Keeping Pets in a Strata Building

By admin,

Our by-law states that the written approval of the owners corporation (as distinct from the committee, which is often the case) is required before being able to keep a pet in one’s lot (excluding an assistance animal). Does the decision need to be made at a general meeting, or does the committee have the power to approve the pet and then ratify the request at a subsequent general meeting?

Members of the Strata Corporation

By admin,

At our last AGM, officer bearer and management committee member voting was combined into one agenda item. Only one unit owner was elected for the three officer bearer positions and is now also the sole management committee member with full authority. We are a six-lot residential scheme. Our Adelaide management company supported this arrangement, but it doesn’t sound right to me. Is it compliant with the Strata Titles Act 1988?

What if we Don't Have a Council of Owners?

By admin,

I am a new lot owner in a 5-lot built strata development. There is no appointed strata manager and, prior to my arrival, there had not been an AGM since 1999.

I want to have AGMs so we can discuss things like insurance, by-laws and use of the common property. The problem is, two of the other lot owners aren't interested. As secretary of the strata council, do I need them to agree, or can I just give 14 days notice for the AGM? What happens if no one turns up?

The very noisy floorboards upstairs disturb our peace

By admin,

I’m a lot owner living on the ground floor of a seven-unit building. The upstairs units originally had timber flooring, but all were required to have their floors repaired and carpeted with proper underlay to reduce noise for those living below.

The lot above me was supposedly repaired and carpeted. I was home the week the work was said to have been done, and I did not hear any installation. I’m still experiencing loud, squeaky floorboard noises constantly — every step is audible, my house shakes, and it’s severely affecting my sleep.

Damage caused by a water leak from above

By admin,

A dishwasher leak in a unit caused damage to the common property metal balustrade below. Is the owners corporation responsible for taking action against the unit owner?

If the owners corporation failed to identify the source of the leak despite repeated complaints, does that affect its ability to apply the benefit principle?

Can an owner of two lots elect themselves and a proxy to the committee?

By admin,

An owner in our scheme holds two lots. They want to give a proxy for one lot to a friend and elect that friend to the committee, while also electing themselves to the committee. This would give them two votes at committee meetings. If allowed, could both the owner and their proxy also be elected into office bearer positions?

Noise Complaints Apartment Perth - Children, Neighbours

By admin,

Our below neighbours accused us of being in breach of Schedule 2 bylaw 10 of the Strata Title Act. They can hear footsteps and other sounds in the middle of the night, affecting their peaceful enjoyment of the unit. We have asked for evidence of the disturbances, but the situation has become complicated. How can we be in breach if they have not provided evidence? They have threatened to take us to the SAT. Do we take this seriously?