These Q&As are about whether you need a bylaw for things like parking rules or installing a light on common property in NSW.
Table of Contents:
- QUESTION: Does the strata Committee have the legal right to sell framed art pieces in common areas without all lot owner’s permission?
- QUESTION: Our strata committee wants to introduce a bylaw stating everyone needs to maintain their own building including the facade, roof and balcony. Is this a common practice for townhouses?
- QUESTION: Do we need a By-Law to install Common Property lighting?
- QUESTION: We agreed years ago to park cars on common property. A new resident has complained and now our strata manager says we cannot do this. Why change when it’s been working well for years?
Question: Does the strata Committee have the legal right to sell framed art pieces in common areas without all lot owner’s permission?
Answer: Yes, a general meeting of the Owners Corporation would be required and there are likely local council consent and insurance implications.
We consider that, at minimum, the Owners Corporation would need to pass a special resolution or by-law empowering itself to “add” items to the common property and carry on the commercial enterprise you refer to. So yes, a general meeting of the Owners Corporation would be required and there are likely local council consent and insurance implications.
Leanne Habib
Premium Strata
E: [email protected]
P: 02 9281 6440
This post appears in Strata News #435.
Question: Our strata committee wants to introduce a bylaw stating everyone needs to maintain their own building including the facade, roof and balcony. Is this a common practice for townhouses?
We live in a group of 5 townhouses. Our strata committee wants to introduce a bylaw stating everyone needs to maintain their own parts of the building including the facade, roof and balcony.
Their intent is to save money by not having to pay for a strata manager.
Does this mean I need to take out additional insurance for areas that were the responsibility of the owners corporation? Is this a common situation? What are the advantages and disadvantages if this bylaw is introduced?
Answer: This is not an uncommon practice for townhouses that are physically detached from one another.
This is not an uncommon practice for townhouses that are physically detached from one another. It is recommended that you obtain building and other insurance if you proceed with this course but before you do also review your strata plan as surveyors often make notations on a strata plan providing that certain structures/elements are the responsibility of the individual owners (thereby displacing the usual categorisation of common property).
One advantage is that you do not need to wait for the Owners Corporation to effect repairs and maintenance as and when required and you can do so yourself. On the downside, the risk is that you might jeopardise the uniformity of the appearance of the building, the consistency and quality of materials used and aesthetics (eg colour, look and feel) of the townhouses and that one or more townhouses allow their property to fall into a state of disrepair thereby potentially affecting the value of the other townhouses.
You will need to engage an expert strata lawyer to address all such risks and we recommend that the Owners Corporation be given the power to compel individual owners to carry out requisite repairs & maintenance if they do not do so in a timely manner.
Leanne Habib
Premium Strata
E: [email protected]
P: 02 9281 6440
This post appears in the June 2022 edition of The NSW Strata Magazine.
Question: Do we need a By-Law to install Common Property lighting?
I live in a 5 villa complex all on ground level with no common power.
The common driveway is very dark and our Strata Committee has agreed to place a sensor light off the roof of one villa. The owner of this villa is happy for his power to be used and is not seeking any compensation. The cost of installation is coming out of Strata funds.
Do we need a ByLaw for this?
Answer: To add improvements to common property requires a special resolution of the owners corporation.
To add improvements to common property requires a special resolution of the owners corporation.
The owners corporation could enter into a deed to bind an owner to give power to it. But this would not bind a subsequent owner.
David Bannerman
Bannermans Lawyers
E: [email protected]
P: 02 9929 0226
This post appears in Strata News #435.
Question: We agreed years ago to park cars on common property. A new resident has complained and now our strata manager says we cannot do this. Why change when it’s been working well for years?
We are a small, self managed strata block in NSW. Years ago we made an agreement we could all park on common property.
A new resident has moved in and taken us to NCAT. We got appointed a strata company who have now said we can’t park in our allocated spots on common property even though we have all agreed it’s ok.
We are on a really busy street with no parking. What happens now? Do I have to abide by these parking rules even though we have all agreed and the system has been working fine for years?
Answer: If there is a parking by-law, this cannot be easily disputed by the new owner who has moved downstairs.
If there has been a new by-law or changes to an existing by-law that allows lot owners of the strata to park in the common area, then this cannot be easily disputed by the new owner who has moved downstairs. Even if they dispute it and make a claim at NSW Civil & Administrative Tribunal, the Tribunal would have to be satisfied that the parking by-law is invalid for reasons that it is harsh, unconscionable or oppressive.
However if a by-law does not exist to allow parking in the common area then now is the opportunity to convene a meeting with all owners with an aim to modify or adopt new by-laws that are in the interest of the owners. This requires a special majority vote and if you and all other owners have already agreed to this then it will not be difficult for you to obtain their support. If there has been a motion already passed by a special majority of the owners, then you should not be compelled to stop parking in the common area.
A by-law, once passed, must be registered so as to be enforceable.
Yuhao Gu
Omega Legal
E: [email protected]
P: 0402 990 108
This post appears in Strata News #344.
Have a question or something to add to the article? Leave a comment below.
Read next:
- NSW Case Study: Is your illegal parking notice just an empty threat?
- NSW: Can parking offenders be towed from common property?
- NSW: Q&A Light Shining Into the Apartment Causing Nuisance
Visit our Strata By-Laws and Legislation, Strata Parking OR NSW Strata Legislation
Looking for strata information concerning your state? For state-specific strata information, take a look here.
After a free PDF of this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.
Does a special resolutions about the use of common property override a conflicting by-law? (NSW)
Hi Jack
The following response has been provided by Leanne Habib, Premium Strata:
Generally, a by-law will override a special resolution (even if both are passed by special resolution) because a by-law operates as a contract that is binding on an owners corporation, owners, occupiers etc.
In relation to parking on common property, it may be possible for common property other than visitor carpark areas to be agreed by owners and used as the Body Corporate see fit.
In Queensland at a recent Brisbane BCCM conciliation meeting, the Body Corporate Committee were instructed that visitor carparks cannot be used by residents even if agreed by Committee or a vote of owners. The Council Development Application at time of construction defines the number of visitor carparks that must be available for “visitors” at all times and they cannot be used by residents at any time. In this case, it leads to idle visitor carparks that residents would love to make use of. The only way to address this is a new Application to Council to review. under current/updated guidelines.
Can the owners corporation in an industrial strata stop owners from parking unregistered cars (being restored) covered by car covers in the owners own car space – on their title?
I have an issue whereby vehicles keep on parking at my car space. I have contacted the Strata Manager that I intend to install a key operated bollard. I’m still waiting for a reply. Is this legal ?
Thank you these articles are good. but.is it possible to relate the issues to all state bylaws such as WA etc so they .can be of definate use to all