Can the strata committee make waterproofing repair decisions without formal meetings?

By Neziah,

Is it legal for a strata committee to make decisions about a waterproof membrane and ensuite leaking without holding formal meetings that owners corporation members can observe? The committee can only provide some email trails and private text messages to the strata managing agent.

Can a strata ask another organisation to take out a positive covenant over its common property?

By Neziah,

Can a strata ask another organisation to take out a positive covenant on all its common property, when its common property includes sandstone retaining walls (structural elements) and fencing (safety elements)?

How do we recoup 11 years of incorrect GST charges from a contractor?

By Neziah,

Our contractor has been charging GST on all their invoices for 11 years. We informed the secretary eight months ago and also raised it with the strata managing agent. They eventually came back and said the committee is aware, the contractor has stopped charging GST, and no further action will be taken.

How do we hold the committee accountable to recoup this overpayment?

Recovering $6000 repair costs after a tenant’s bath overflows

By Neziah,

Our body corporate repaired water damage to a unit after the tenant above overflowed the bath. We stepped in so the owner wouldn't be unduly inconvenienced. The landlord arranged fans to dry out the unit. The landlords have been denied their landlord insurance claim and now deny owing us $6000 for the repairs, saying it's not their responsibility.

The tenant has since moved overseas, and no claim was made through the Residential Tenancies Authority for recompense. How do we recover this debt without having the other unit owners cover it?

Can one owner block mandatory common property repairs

By Neziah,

Our common property driveway has reached the end of its life, with multiple trip hazards and subsidence. To maintain coverage, our insurance company has flagged that it needs to be repaired. It's listed on both the maintenance and sinking fund plan for repair and replacement. The proposed remediation is a like-for-like replacement, not an upgrade, based on a structural engineer's plan.

Strata manager accounting errors. What are the financial reporting obligations?

By Neziah,

Our strata manager doesn't appear to employ a qualified bookkeeper, and our reports contain what appear to be accounting errors. Our council also lacks the technical understanding to know what to look for.

What can we expect our council to demand by way of monthly reconciliations and supported annual reports?

Why is duplex insurance hard to find?

By Neziah,

Our duplex is registered as a community titles scheme with two owners, one for each residence. Our current insurer has significantly increased the premium, and we're finding that many insurers won't cover duplex buildings at all.

We'd have expected the current housing shortage to drive more duplex construction and therefore more insurance options, but that doesn't seem to be the case. Any suggestions on how to find suitable cover would be appreciated.

Using GIPA to access police reports in NSW strata disputes

By Neziah,

We assisted police and strata contractors on two occasions to carry out regulated fire health and safety upgrades involving a non-compliant owner. Police did not name me in their event reports, which meant I couldn't obtain the related Government Information (Public Access) (GIPA) reports to use as evidence for a contempt application, including an NCAT application under section 247A(1) of the Strata Schemes Management Act 2015.