Question: If I own both lots in a two-lot strata scheme, is the duplex exempt from requiring a capital works fund?
I own both lots in a two-lot strata scheme. The buildings are physically detached, and there are no other buildings or parts of buildings, except for a shared concrete driveway, outside of the lots. Is a scheme like this exempt from requiring a capital works fund?
Answer: You appear to meet the exemption criteria.
Yes, as you appear to meet the exemption criteria:
- the owners corporation so determines by unanimous resolution (as you own both lots, you will have no issue)
- the buildings comprised in one of those lots are physically detached from the buildings comprised in the other lot, and
- no building or part of a building in the strata scheme is situated outside those lots.
This post appears in Strata News #759.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
Hi, what happens when one owner in a duplex ABSTAINS from voting in motions regarding Admin and Capital Works Fund levies at an AGM. The other owner says Yes.
Hi Sue,
Thanks for your question. We have sourced a response here: NSW: What happens if one owner abstains from a levy vote in a duplex strata scheme?
The. Developer in our 12 unit plus two commercial lots, remains ownership of three units.
One unit has not even been entered for approximately three years, the rear verandah is now thick with pigeon faeces, tiles have fallen off, and when someone called to do a clean up (which was a very half hearted attempt he removed the covering over the floor drain, thereby allow pigeon faeces and leaves and berries to go into the drain., will potentially block it, and potentially cause flooding to enter the unit.
Our Strata manager says they don’t reply to her emails and a committee member, who happens to be good friends with that. Developers seems to be uninterested in solving this problem,
Pigeon faeces is a very real healthy problem. We shouldn’t have to go to the tribunal so what can we do?
Hi Dorothy
Leanne Habib, Premium Strata has provided the following response:
If you don’t wish to go to the Tribunal, you may wish to consider Mediation through NSW Fair Trading or your local Community Justice Centre.
Alternatively, you could lodge a complaint with your local Council about the potentially hazardous, unsightly property.
If a unanimous decision is passed to get rid of strata for a duplex of which has 2 owners who then manages the sinking funds that are already in place ?
i will like a quote on mystrate duplex insurance
For a duplex the best approach is the direct market Suncorp, GIO or Flex.
Hi
Can you please clarify that in case of strata title duplex ( out of 2 in a single lot) which does not have any common areas even drive ways.
Whether individual owner owns land and not just building?
Thanks
Manoj
Owners owns the land and building both.