FactSheet: Strata Legislation NSW – Owners Corporations and Strata Living NSW

• NSW: What are the rules around smoking in strata buildings? Jun 2017 - The new NSW legislation introduced in November 2016 has recognised that smoking may cause nuisance or hazard to another person. How
• NSW: How To Deal With An Owner Making Private Use of Common Property Without Approval PODCAST May 2017 - A lot owner's or occupier's exclusive use of common property is illegal unless approved by way of a registered common
• NSW: Can parking offenders be towed from common property? Apr 2017 - The vehicle may be moved to another less obstructive position on the common property or another lawful place off the
• NSW: Overly Eager Agents and Extended By-law Registration Periods – PODCAST Apr 2017 - Regarding registration of by laws NSW, if your by law was resolved prior to 30th November 2016, the 2 year
• NSW: Consolidation of ByLaws – do this sooner rather than later Jan 2017 - All schemes in existence before 30 November 2016 must review the by-laws for their schemes before 30 November 2017. Strata
• NSW Strata Reforms: What By-laws Apply to My Strata Scheme? Nov 2016 - Many lot owners, particular those in older strata schemes, do not know what by-laws apply to their scheme. While the
• NSW: Smoking, pets and compulsory review of by-laws Sep 2016 - The amendments to the regulation change the model bylaws proposed for a strata scheme building. All existing schemes are now
• NSW: Bylaw Consolidation Aug 2016 - With the introduction of the reform, an owners corporation of an existing strata scheme is required to review the by-laws
• NSW: False Fire Alarm By-Laws Jul 2016 - Are false fire alarm fees of $1250 recoverable by the owners corporation? Many owners corporations and their executive committees are
• NSW: Drafting Community Management Statements Jul 2016 - Community Management Statements are legal documents governed in New South Wales under the Community Land Development Act 1989 which is

How Legislative Changes Around Urban Renewal Affect You As A Strata Owner – PODCAST

Amanda Farmer, Your Strata Property
Jun 2016: How recent legislative changes around urban renewal and strata termination in New South Wales affect the people living in Strata.

The Truth About By-Laws In Your Strata Property (And How To Ensure You’re Not In Breach) – Podcast

Amanda Farmer, Your Strata Property
May 2016: Savina Yang explains how essential by-laws are to living dispute free in a strata property.

How A Strata Building Can Use By-Laws to Deal With Short Term Letting

Amanda Farmer, Your Strata Property
May 2016: Short term letting by-laws: what rights does an owner’s corporation have around restricting the types of occupants in a building?

Airbnb – Is Your Strata Building Becoming a Party Hotel?

David Bannerman & Mark Pollinger, Bannermans
May 2016: The rapid expansion of Airbnb and other online letting services has become one of the most controversial issues for the strata sector.

Strata By-Laws – What Investment Property Owners Need to Know

David Bannerman & Mark Pollinger, Bannermans
Apr 2016: The new strata laws will make a number of significant changes to the making and enforcement of by-laws. Investment property owners need to be getting ready for the changes.

Renovating Strata Units – New Laws, New Opportunities

David Bannerman & Mark Pollinger, Bannermans Lawyers
Apr 2016: NSW Strata Reforms will result in changes to the process involved in renovate strata unit NSW. Find out how this may affect your NSW strata renovations.

Beware – Adjudicator’s Discretion to Dismiss Adjudication Application by an Unfinancial Lot Owner

Michael Pobi, Pobi Lawyers
Sep 2015: Many are unaware that being an unfinancial lot owner can also be a legal impediment to the success of an application for Adjudicator’s orders.

By-Laws & Rules – What are they? Who do they bind? Can they be enforced?

Allison Benson, Kerin Benson Lawyers
Aug 2015: By-laws (called Rules in the ACT) are the rules that we must live by when we live in a strata or community title scheme.

Are Costs Recoverable in the NSW Civil and Administrative Tribunal if you are successful?

Pierrette Khoury, Turnbull Bowles Lawyers
Jun 2015: In the Local, District and Supreme Courts ordinarily costs follow the event. However, the above is different in the NSW Civil and Administrative Tribunal as a Tribunal Member will not necessarily award costs to a successful party.

Strata Title, Strata Scheme, Strata Plan. What is the difference?

Inger Brettle, Premium Strata
Oct 2014: Strata title, Strata Schemes and Strata Plan. You may understand that somehow these terms are all related, but how exactly? This article will demystify the terminology for you.

What is section 80D and why is it so important?

Allison Benson, Kerin Benson Lawyers
Aug 2014: Section 80D of the Strata Schemes Management Act 1996 (NSW) requires an Owners Corporation to pass, at general meeting, a resolution authorising the seeking of legal advice or the initiation of legal proceedings.

• NSW: Q&A Can a Strata Committee Member send their own Notice to Comply Letter? May 2017 - Question: Can one member of the Strata Committee send their own notice to comply letter to a lot owner without
• Q&A Renovating Strata Unit NSW – What Steps Do We Need To Take? Apr 2017 - Question: We wish to renovate our strata unit in Sydney - new kitchen, remove a wall. What are the steps
• NSW: Q&A Circumstances Where You May Be Exempt From Registering Strata Bylaws Aug 2016 - Question: Are there circumstances - like an order from local council - where you may be exempt from registering strata

Q&A Move the trampoline! By Law Breach Notice

Andrew Jakes, Ace Body Corporate Management
Jun 2016: Question: My landlord and I have received a by law breach notice about my trampoline being visible from the front of the building. Do we really have to move it?

Q&A Are there template renovation bylaws available?

Leanne Habib, Premium Strata
Apr 2016: Q: We have regular applications from owners proposing to renovate their apartments and were wondering if there are renovation bylaws available?

FAQs: Strata Schemes: Owners Corporations, Strata Bylaws and Rules

NSW Fair Trading

Where can I find the strata bylaws and rules?

NSW Fair Trading

To answer this question you must know the date of registration of the plan.

NSW strata bylaws and Rules

Question

Our strata by-laws have a by-law which provides for the creation of “rules” by the executive committee. Can the committee then create a rule which provides that Owners Corporation will not be responsible for the maintenance of certain common property? Maintenance is of course the responsibility of the Owners Corporation. Can the executive committee abrogate the responsibility of the Owners Corporation in this way? Are such strata by-laws even valid?

Answer

From Simone Balsara, TEYS Lawyers

“House Rules” are not enforceable against owners and occupiers. Only strata by-laws of the strata scheme bind the owners corporation, owners and occupiers (s44 of the Strata Schemes Management Act (SSMA). Strata by-laws also has no force or effect until it is registered (s48 of the SSMA).

Additionally, with respect to removing the duty of the owners corporation to repair and maintain certain items of common property, the SSMA requires a special resolution to be passed pursuant to s62 (3) of the SSMA, and subsequent strata by-laws may be required to assign the responsibility to the lot owners subject to special conditions.

Therefore, any strata by-laws that allows the executive committee to create “rules” which are inconsistent with the SSMA or any other Act or legislation are not valid and enforceable (s43 of the SSMA).

These types of blanket strata by-laws empowering the executive committee to create “rules” is open to challenge as being beyond the power of the owners corporation.

Question: When should strata by-laws be repealed and when should strata by-laws be amended?

Answer

From Simone Balsara, TEYS Lawyers:

The repeal of strata by-laws differs from an amendment, because an amendment involves making a change in the strata by-laws that already exists. A repeal, however, is a complete revocation or deletion of strata by-laws.

Question: When should strata by-laws be amended?

Answer

From Simone Balsara, TEYS Lawyers:

A good example is keeping of animals strata by-laws: Every scheme ought to have a keeping of animals by-law and generally it is model by-law 16 under the SSMA. If an owners corporation wants to change this by-law to make it a no pets by-law or expand it to include additional conditions, it would not repeal the by-law and create a new special by-law, but would simply amend the existing by-law.

Question: When should strata by-laws be repealed?

Answer

From Simone Balsara, TEYS Lawyers:

A common example of when general strata by-laws are repealed is where strata by-laws are duplicated. This is common where an owners corporation decides to make a whole new set of strata by-laws for the scheme but does not repeal the old strata by-laws. Generally a special privileges or exclusive use by-law can only be repealed with the consent of the lot owner concerned or via an adjudicator’s order or court order.

Question: What are some of the things we should look out for when managing a commercial strata scheme?

Answer

From Simone Balsara, TEYS Lawyers:

The strata by-laws of a commercial strata are normally different to that of a residential strata scheme including control of hours of operation and use of common facilities, prevention of hazards and provision of amenities and services. Renovations undertaken on commercial lots may change the use of a lot and require council consent. Work, Health and Safety laws will apply to commercial schemes including compulsory asbestos compliance and safety reporting.

• NSW: What are the rules around smoking in strata buildings? Jun 2017 - The new NSW legislation introduced in November 2016 has recognised that smoking may cause nuisance or hazard to another person. How
• NSW: Why All Strata Buildings Should be Smoke Free – PODCAST Jan 2017 - People who live in apartment buildings are twice as likely to be exposed to second hand smoke as those who
• NSW Q&A: How Do I Stop Cigarette Butts Litter from Neighbours Upstairs? Sep 2016 - Question: How do I stop cigarette butts litter from being dropped onto my balcony from neighbours upstairs who overlook my
• NSW: Smoking, pets and compulsory review of by-laws Sep 2016 - The amendments to the regulation change the model bylaws proposed for a strata scheme building. All existing schemes are now
• NSW: Tobacco or a Snag… Anyone? Aug 2016 - Smoke Drift NSW: Come November 2016, throwing a snag on the barbie or having a puff on a ciggie could
• NSW Strata Reforms: Smoking in Strata Schemes – Nuisance (Part 2) Jul 2016 - Unfortunately, the opportunity to strengthen laws preventing smoke drift in strata schemes was not taken up with the NSW Strata
• NSW Strata Reforms: Smoking in Strata Schemes (Part 1) Jul 2016 - The proposed model by-laws will deal with smoking in strata schemes by owners, occupiers and invitees, which is a good

Pets, Parking and Smoking

Adrian Mueller, J. S. Mueller & Co Lawyers
Feb 2016: New strata by-laws allowing pets in units, managing illegal parking and curbing smoking on apartment balconies are part of the biggest overhaul of strata laws in more than 50 years.

Wake Up and Smell the Smoke – Prohibiting Smoking

Adrian Mueller, Senior Lawyer, J. S. Mueller & Co Lawyers
Dec 2015: The recent reform of NSW strata laws generated some media interest in smoking in strata buildings NSW. So can smoking be prohibited? Let’s find out.

Smoking and strata schemes: What is the effect of the recent amendments to the Smoke-free Environment Act 2000?

Allison Benson, Kerin Benson Lawyers
Sep 2015: When it comes to smoking in strata schemes NSW, the NSW Government’s amendments to the Smoke-free Environment Act 2000 (NSW) mean that smoking is now banned in mixed use strata schemes.

Q&A Are No Smoking Strata ByLaws Retrospective?

Allison Benson, Kerin Benson Lawyers
May 2016: Question: Can new no smoking strata bylaws be applied to long term residents? Will the new strata changes have any impact on these new bylaws?

Q&A Overcrowded Apartment Causing Smoke Drift and Noise

Allison Benson, Kerin Benson Lawyers
Jan 2016: We recently received a question about a NSW overcrowded apartment causing problems for a neighbouring lot owner. This issue involves strata smoking, smoke drift & noise.

‘Big smoke’: Billie Bonevski study on smoking in multi-unit apartments

Billie Bonevski, Hunter Medical Research Institute (HMRI)
Jan 2014: A study by HMRI researcher A/Professor Billie Bonevski of second-hand smoke in apartment blocks has sparked Strata law reform in NSW.

Neighbours and the law

– by Nadine Behan. Published by the Legal Information Access Centre (LIAC), State Library of New South Wales, 2012. An easy to understand guide to the different areas of law that are involved in neighbourhood issues and disputes. Covers areas that commonly cause problems between neighbours including: dividing fences, retaining walls, overhanging branches, animals and noise, including a section discussing:

• Noise, smells, smoke and garbage. Most types of pollution, whether industrial or domestic, can be experienced in a neighbourhood setting. The main legislation that deals with pollution in NSW is the Protection of the Environment Operations Act 1997, called the POEO Act. Administered by the Office of Environment and Heritage (OEH), the Act and its associated regulations create various offences and provide a range of remedies, depending on the type of pollution and the type of activity that is causing it.

• NSW: The Role of The Chairperson and a Successful Council Parking Agreement [PODCAST] May 2017 - A strata discussion about the role of the chairman, the owners corporation's obligation to maintain the building and parking agreement
• NSW: Strata Parking on Common Property – My Tinder Date Forced to Sleep over Apr 2017 - An owner was caught in the middle of a war between the Committee and a parking culprit who was fined
• NSW: Can parking offenders be towed from common property? Apr 2017 - The vehicle may be moved to another less obstructive position on the common property or another lawful place off the
• NSW Strata Visitor Parking and NSW Strata Reforms Dec 2016 - The holiday season will see countless families flock to see their relatives, and with 2.1 million NSW residents calling strata

Pets, Parking and Smoking

Adrian Mueller, J. S. Mueller & Co Lawyers
Feb 2016: New strata by-laws allowing pets in units, managing illegal strata parking and curbing smoking on apartment balconies are part of the biggest overhaul of strata laws in more than 50 years.

NSW: Strata Reforms & Managing Parking in Strata Schemes

Allison Benson, Kerin Benson Lawyers
Feb 2016: One of the most talked about changes in the upcoming reforms is the ability of strata and community title schemes to better manage their strata parking by entering into an agreement with the local Council to have Council rangers police their parking. Is this really the best option?

Councils in Greater Sydney Region Urged to “Come to the Party” and End Strata Parking Misery

Andrew Jakes, NSW Area Development Manager, Ace Body Corporate Management
Jan 2016: If you didn’t already know, Sydney has a parking problem, but it’s the shifting of this battle from inner city streets to strata properties that has created new hope for thousands. Drivers who illegally park in visitor bays of strata communities could soon be slapped with $550 fines by the City of Sydney Rangers, if plans to crack down on their “parking misery” take hold.

Who does a wheel clamping by-law apply to?

Allison Benson, Kerin Benson Lawyers
Sep 2015: Can we use a wheel clamping by-law to solve our strata parking problems? Well, the answer is maybe……

Unauthorised Parking – What Can Owners Corporations Do?

David Bannerman and Mark Pollinger, Bannermans Lawyers
Jul 2014: Strata Parking is a vexing question. Owners corporations and their strata managing agents have been struggling with it for years. They are not helped by uncertainties in the law, limited police and council powers, restrictive strata management laws and widespread misconceptions about what is permissible.

• NSW: Q&A We’ve been using the wrong allocated car parking space Mar 2017 - Question: We have been using the wrong parking space. What rights do we have to get our allocated car parking
• Q&A NSW Strata Parking Laws Mar 2017 - Question: My elderly mother is being blocked in by the other strata title owner’s visitors. What should our next steps
• NSW: Q&A Disabled Parking in Apartments – Can I Use the parking space? Feb 2017 - Question: I am an owner of an apartment in a large complex and I have a Disable Parking Permit. When
• NSW: Q&A Apartment Parking Space Problems Aug 2016 - Question: My tenants are having apartment parking space problems, and may vacate because of this. How can I resolve the
• NSW: Q&A Can Access to Visitor Parking be Restricted? Jul 2016 - Question: Can access to the visitor parking spaces be restricted from guests who come to my apartment? My Body Corporate
• NSW: Q&A Special Use By-law – They’ve Given Away Our Disabled Parking Spot! Jul 2016 - Question: Is the OC now in breach of the Development application approval for making a special Use by-law that gives

Q&A Parking on Common Property Without Approval & Access Strata Lots for Maintenance

Leanne Habib, Premium Strata
Apr 2016: Answer: The Act does not permit residents to park on common property approaches without the prior written consent of the Owners Corporation.

Q&As NSW & QLD: Children, Commercial Strata Parking Regulations & Strata Insurance

Andrew Jakes, Ace Body Corporate Management + Jan Browne, Ian McNamee & Partners + Whitbread Insurance Brokers
Mar 2016: Some great strata questions about children on common property, commercial regulations concerning strata parking and a strata insurance question!

• NSW: Neighbours Come in all Shapes and Sizes and so do your Common Boundary Disputes Apr 2017 - All properties have boundaries and inevitably, at some time or another you may be faced with a dispute arising over

Children and Noise Complaints in Apartments – ‘Keep your child quiet or pay $550’

Clare Dominello, Benjamin & Khoury
Mar 2016: Strata Noisy Neighbours: How many of us are shocked by ‘Keep your child quiet or pay $550′ – the noise complaints in apartments headline that recently caught our attention?

Hard surface floors in strata schemes

Allison Benson, Kerin Benson Lawyers
Sep 2015: Hard surface floors in strata schemes can be a huge issue. If a building is not originally built with hard surface floors it is very likely that installing hard surface flooring will cause acoustic issues for the units below and beside.

Does an owner have the right to hassle a tenant to fix a noise transference issue?

Paula Byrnes, Metropolitan Strata Reports
Aug 2015: Who is responsible for minimising apartment noise which transfers between lots, especially when we are discussing a tenancy situation? How could a strata report help?

• NSW: Q&A Noise Complaint Letter to Strata May 2017 - Question: I have issued a noise complaint letter to strata, but the noise from the water pump in the wall
• NSW: Q&A Lack of Privacy in Apartments Due to Walkway to Beach Oct 2016 - Question: Is lack of privacy in apartments a breach of our strata by-laws? We have people on our patio and
• NSW Q&A: How Do I Stop Cigarette Butts Litter from Neighbours Upstairs? Sep 2016 - Question: How do I stop cigarette butts litter from being dropped onto my balcony from neighbours upstairs who overlook my
• NSW: Q&A Light Shining Into the Apartment Causing Nuisance Sep 2016 - Question: Is it a breech of strata by-laws if a neighbouring property has a light which shines directly into mine
• NSW: Q&A How Do I Deal With the Noisy Tenants Above Me? Aug 2016 - Question: How do I deal with noisy tenants above me? We have had no success in dealing with the tenants

Q&A Overcrowded Apartment Causing Smoke Drift and Noise

Allison Benson, Kerin Benson Lawyers
Jan 2016: Strata noisy neighbours: We recently received a question about a NSW overcrowded apartment causing problems for a neighbouring lot owner. This issue involves smoke drift & noise.

• NSW: Q&A Does unit owners insurance cover damage from leaking pipe? Jun 2017 - Question: Is the repair of damage from a leaking tap in the wall cavity covered by the unit owners insurance?
• NSW: Fire and Emergency Services Levy Deferred Indefinitely Jun 2017 - On Tuesday 30th of May, the NSW Government announced the indefinite deferral of the introduction of the Fire & Emergency
• NSW Emergency Services Levy change … a fairer system for strata owners Apr 2017 - On 29 March 2017, the NSW Government passed the new Fire and Emergency Services Levy Bill 2017. This long overdue
• Strata Law Reform in NSW: Insurance Dec 2016 - It is vital that Strata Managers comply with the changes affecting Strata Insurance. To assist you in understanding your obligations
• Does your NSW strata building need a valuation for insurance purposes? PODCAST Oct 2016 - When it comes to NSW strata insurance requirements, what should you be doing to ensure you are meeting your legal

Is Home Owners Warranty Insurance Needed For Repair Work?

Allison Benson, Kerin Benson Lawyers
May 2016: I am often asked whether repairs need home owners warranty (HOW) insurance under the Home Building Act 1989 (NSW). The simple answer is yes, if the value of the work is over $20,000.

Managing agents – Professional Indemnity Insurance Required

David Bannerman and Mark Pollinger, Bannermans Lawyers
Dec 2015: The Property, Stock and Business Agents Amendment (Professional Indemnity Insurance) Regulation 2012 commenced on 1 January 2013.

Is Your Building Adequately Insured?

Paul Mulligan, Find Our Home
Nov 2015: With the current property market, particularly in Sydney, it is worth investing in a current insurance valuation for your building.

Be aware of your statutory obligations when selling your property or carrying out DIY building works

Pierrette Khoury, Turnbull Bowles Lawyers
Oct 2015: If you are carrying out renovation work, the Home Building Act 1989 requires that you obtain Home Warranty Insurance where the value of work exceeds $20,000.

• NSW: Q&A What does public liability insurance include? Feb 2017 - Question: What does public liability insurance include? Who pays the excess when a claim is made under public liability insurance

What can a lot owner do if the body corporate fails to insure as required by the Strata Titles Act?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles

• NSW: Can I keep pets in a strata building? May 2017 - Despite the much anticipated “pet-friendly” amendments to the new strata legislation, animals are still not automatically permitted in strata schemes
• NSW By-Laws & Pets: What is harsh unconscionable or oppressive? Apr 2017 - NSW Strata Laws on Pets: A strict prohibition on the keeping of pets within a strata scheme may be deemed
• NSW: Smoking, pets and compulsory review of by-laws Sep 2016 - The amendments to the regulation change the model bylaws proposed for a strata scheme building. All existing schemes are now

Pets, Parking and Smoking

Adrian Mueller, J. S. Mueller & Co Lawyers
Feb 2016: New strata by-laws allowing pets in units, managing illegal parking and curbing smoking on apartment balconies are part of the biggest overhaul of strata laws in more than 50 years.

Owners Corporation Unreasonably Withholding Consent To Keep A Pet In Strata Scheme

Michael Pobi, Pobi Lawyers
Jun 2015: What can owners and occupiers do if their application to their owners corporation to keep pets in apartments has been refused by the owners corporation or the owners corporation’s executive committee?

Can I Keep My Pet in My Strata Unit, Townhouse or Villa?

Michael Pobi, Pobi Lawyers
Jan 2015: Keeping pets in your apartment may raise a number of contentious issues including within your scheme. We provide some useful tips to guide you through the process of having a strata pet.

Q&A As a Tenant, How Do I Get The Owners Corporation to Approve My Bunny?

Andrew Jakes, Ace Body Corporate Management
May 2016: Question: Body Corporate and Strata Pets: Where Do Tenants Stand? My landlord says yes, but the owners corporation says no to my bunny.

Q&A Bylaws – terms & conditions upon which a dog may be kept

Leanne Habib, Premium Strata
Apr 2016: Can we arrange a by-law to be prepared granting permission for a dog, but with certain limitations should a nuisance arise?

FAQs about NSW Strata Laws Regarding Pets

Question: When should a by-law be amended?

Answer

From Simone Balsara, TEYS Lawyers:

A good example is a keeping of animals by-law: Every scheme ought to have a keeping of animals by-law and generally it is model by-law 16 under the SSMA. If an owners corporation wants to change this by-law to make it a no pets by-law or expand it to include additional conditions, it would not repeal the by-law and create a new special by-law, but would simply amend the existing by-law.

Question: What is a common household pet? Can a Rottweiler or Bulldog be allowed in a scheme?

Answer

From Simone Balsara, TEYS Lawyers:

An owners corporation can amend their by-laws to specify that any animal that is deemed to be potentially harmful to the health or safety of others will not be allowed in the scheme. It will depend on the circumstances whether the animal is not a common household pet.

Question: If I go overseas for two months and on my return the keeping of animals by-law has changed without my knowledge, can I argue that my consent was required for this change in by-laws if I want to keep a pet?

Answer

From Simone Balsara, TEYS Lawyers:

No. An owner’s consent is not required to amend a model or general by-law applicable to the scheme. It only needs to be passed by special resolution at a general meeting. By-laws granting special privileges or exclusive use rights require the consent of the lot owner or owners concerned.

• NSW: Capital Works Funds: What’s new…. Mar 2017 - We’ve now all had a little time to adjust to the new terminology but there still seems to be some
• NSW: Signing DAs and problems with NCAT penalties – PODCAST Mar 2017 - A behind the scenes insight into the strata sector: executing the DA for works to common property plus how to
• NSW: Buying Into Strata – What is a Special Levy? (Part 2) Feb 2017 - What is a Special Levy? A Special Levy is a one-off payment due by all owners when there’s not enough
• NSW: Developers Liable for Inaccurate Levy Estimates Sep 2016 - The following changes relate to the levies and funds charged from lot owners and the ways in which an owners’
• NSW: Unpaid Levies…the New Rules! Sep 2016 - As of 1 December 2016 the new laws will give a lot owner the right to request an owners corporation

Will the New Reform Mean that Owners Corporations Will Now Raise Money to Match their 10 Year Sinking Fund Plan?

David Bannerman, Bannermans Lawyers
Mar 2016: Under the current legislation there is a requirement for owners corporations “to take into account” the 10 year sinking fund plan. The new legislation seeks to make it harder for schemes to completely ignore their 10 year plan when it comes to having money in the bank.

Can I Recover Strata Levy Arrears by Lodging a Caveat?

Bronwyn Smith, Smith Partners Lawyers
Jan 2016: We are asked this question often by both Strata Managers and Executive Committee members. I understand the reasoning which is that strata levies are outstanding and levies (like council rates) are a debt to the land and not the person.

Why Leave it so Long to Recover Strata Levies in Arrears?

Bronwyn Smith, Smith Partners Lawyers
Jan 2016: Why do executive committees and strata managers in New South Wales leave it so long to recover strata levies in arrears?

Do Strata Plans Need a Debt Recovery System in Place?

Bronwyn Smith, Smith Partners Lawyers
Dec 2015: Having the debt recovery procedure incorporated into the yearly AGM Minutes is a reminder to all lot owners of the debt recovery process.

Is There Enough In The Sinking Fund?

Paula Byrnes, Metropolitan Strata Reports
Oct 2015: How about the sinking fund plan? Dig deeper than just the sinking fund balance when buying a new strata property, as a big balance does not always tick boxes.

Considerations when contemplating bankruptcy proceedings against debtor lot owners

Allison Benson and Nicola Bailey, Kerin Benson Lawyers
Feb 2015: Once judgment is obtained against debtor lot owners, there are various enforcement options that may be canvassed by the owners corporation.

Sinking Funds – The Superannuation of Strata

Bailey Compton, Leverage Group
Jan 2015: A simplistic way of looking at sinking funds. At your next AGM, you may want to try presenting your Owners Corporation with this explanation of a sinking fund.

• NSW: Q&A Overdue strata fees – When Can Legal Action Commence? Apr 2017 - Question: What are the requirements to contact a lot owner regarding overdue strata fees? When can legal action against the
• NSW: Q&A Capital Works Fund Strata – How Many Quotes Are required? Mar 2017 - Is it a requirement that managing agents in NSW solicit and present three competitive quotes for any work requiring Capital
• NSW: Q&A Capital Works Fund – What Do We Need To Do Now? Jan 2017 - How do I get the executive to acknowledge obligations under the new legislation - have a 10 year plan, have
• NSW: Q&A How Does the Committee Organise a Leaky Roof Repair? Oct 2016 - A step-by-step guide to repairing a leaky strata scheme roof. From inspecting the issue and sourcing quotes to chasing up
• NSW: Q&A Strata Levies Per Quarter – How Do I Know How Much to Pay? Oct 2016 - Question: I am looking for how much I am paying for strata levies each quarter but I can't find this
• NSW: Q&A Strata Levy Contributions – How are My Levies Calculated? Jun 2016 - The following question from a NSW strata owner concerns apportioning of strata levy contributions. Thank you to Leanne Habib, Premium
• NSW: Q&A Strata Repairs Who Is Responsible For Neighbours Roof? Jun 2016 - The following question is from a NSW strata lot owner asking about strata repairs who is responsible? Thank you to

Q&A Why do Special Levies Raised for the Sinking Fund go Into the Administration Fund?

Leanne Habib, Premium Strata
May 2016: Strata levy information and Sinking Funds Question: Why don’t special levies raised go straight to the sinking fund instead of the administration fund?

Q&A Leaky Floors and Outstanding Body Corporate Levies

Andrew Jakes, Ace Body Corporate Management + Hayley Eighteen, Whitbread Insurance Brokers
Feb 2016: In this Q&A post, we answer two NSW Strata Questions: 1. Who pays for a leaky floor and 2. When is interest charged on outstanding body corporate levies?

Q&A Fair Strata Levies Increase to Boost Sinking Fund?

Leanne Habib, Premium Strata
Dec 2015: Q: What can you do if you feel your owners corporation’s strata levies increase to boost the balance of the sinking fund is not justifiable?

Q&A Strata levy increases – how much and how often?

Leanne Habib, Premium Strata
Nov 2015: How much can strata levy increases be & what timeframe is reasonable? Are there limitations for time & cost or are they at the discretion of Strata Management?

Using by-laws to change application of Unit Entitlements?

Question

We are in an old NSW Strata, with both unit/apartments and houses. In times past, someone decided that direct application of the Unit Entitlements might cause some unfairness for some owners (house owners), and by-laws were created so that the unfairness could be “avoided”. Simple application of Unit Entitlements would mean that house owners would pay for painting and maintenance of their own houses as well as painting and maintenance of the apartment buildings….

So we now have a 2 tier system, where some types of common property costs are separated from the base Administration and Sinking Funds. Everyone pays a proportion of the strata levies for the Administration and Sinking Funds based on their Unit Entitlement – but then a separate levy is applied on those other common property items (associated with unit/apartment common costs), so that house owners do not pay repair and maintenance costs on the apartment buildings.

The first question: is it legal to use by-laws to redirect how Unit Entitlements apply? An outsider said that this could be illegal.

Answer

We have received a response back from Susan Cornish of Dubbo Strata & she confirms your suspicions stating “By-laws cannot conflict with legislation”.

Further, please see Registrar General’s Directions regarding Change of Unit Entitlements – after the scheme has commenced. Here are listed the three ways that changes may be made to the unit entitlements of an existing scheme.

What do strata levies pay for?

Question

I am looking at buying a unit in The Sands complex at Yamba NSW which is strata title. Its strata levies are $2500 per quarter. I cannot find anywhere what this money is directed to – what it will pay for that I don’t have to pay day to day? Also, information on current projects and future project, amount in the bank for the strata title. How am I able to search this? I am new to this concept and I am struggling to understand strata levy information.

Answer

From Susan Cornish, Dubbo Strata:

Have you requested an inspection of records? I would recommend that you do if you have not as yet.

The budget set at the general meeting determines the levy that you pay. If you can obtain a copy of the budget and view the minutes of the last meeting this will give you an indication of what your levies contribute towards.

Also view the 10 year sinking fund plan as this will give you a view of future works that maybe necessary.

• NSW Case Note: What is “unreasonable” to refuse? May 2017 - A dispute over the airspace between two balconies in Queensland has provided the most comprehensive authority to date as to
• NSW: How To Deal With An Owner Making Private Use of Common Property Without Approval PODCAST May 2017 - A lot owner's or occupier's exclusive use of common property is illegal unless approved by way of a registered common
• Strata Case Plan 76888 Statutory Warranties NSW May 2017 - The Court comes to a surprising conclusion regarding the repair of common property in this recent case where an OC
• NSW: Neighbours Come in all Shapes and Sizes and so do your Common Boundary Disputes Apr 2017 - All properties have boundaries and inevitably, at some time or another you may be faced with a dispute arising over
• NSW Window Safety Laws: The Deadline is Looming…13 March 2018 Apr 2017 - That’s right, window locks must be installed on windows in NSW by 13 March, 2018. Otherwise, owners corporations will face
• NSW: Loose Fill Asbestos Hazard: Important Update for Strata and Home Owners 2017 Mar 2017 - If you are a strata plan that has lodged an intent to register prior to 1 August 2016 you now
• NSW: How To Deal With Boundary Fences In Strata – PODCAST Mar 2017 - What steps do you or your scheme need to take to deal with boundary fences strata? The very first step
• NSW Strata Reforms: Cosmetic & Minor Renovations – what can & can’t you do? Feb 2017 - What do I need to know about renovating my apartment in NSW now that the strata laws have changed? What
• NSW: Q&A Are hanging plants on balcony a safety issue? Feb 2017 - Question: We believe hanging plants a on balcony in our scheme to be a safety concern. Can we request the
• NSW Strata Reforms & Installing Air conditioning Systems Feb 2017 - Post the introduction of the NSW Strata Reforms, strata committees and owners corporations should be careful when considering applications to

The Guide to Window Locks Legislation NSW

Compilation Post
Apr 2016: Q: What types of window locking devices are being installed in strata buildings to comply with the new window locks legislation NSW?

Owners Corporation’s Negligence to Repair Common Property

NSW Lot Owner
Mar 2016: This is a heaven to hell account of the persecution and suffering experienced by my wife and I as strata unit owners, brought on by the dishonesty and negligence of a executive committee and strata manager neglecting to initially repair common property.

Dividing Fences and Trees – Part 2: Trees – The Who, What and When

Allison Benson, Kerin Benson Lawyers
Nov 2015: Trees in strata and community schemes can be a huge issue. Although we need them trees can cause neighbourhood disputes when they overhang or they interfere with your neighbours plumbing system, fence, retaining wall or even building foundations.

Owners Corporations, Security Systems and Privacy – What do you need to consider?

Allison Benson, Kerin Benson Lawyers
Oct 2015: With increasingly sophisticated security systems having more capacity at a lower cost than ever before many strata and community title schemes are installing security systems and surveillance devices such as keyed swipe passes, smart lighting and closed circuit television (CCTV) systems. What many schemes do not consider is the use of these systems and their legality. Privacy is, rightly, a key concern of many lot owners and occupiers.

Dividing Fences and Trees – Part 1: Fences – the who what and when

Allison Benson, Kerin Benson Lawyers
Oct 2015: Dividing Fences Act 1991 (NSW) applies to all “dividing fences” but not to a common property fence dividing two lots within the strata scheme or a common property fence dividing a lot and the common property.

Cleaning House – What Can Owners Corporations Do About Unwanted Items On Common Property?

David Bannerman and Mark Pollinger, Bannermans Lawyers
Aug 2015: What To Do About Abandoned Goods On Common Property? Owners corporations and their strata managing agents have been struggling for years to find effective solutions to this issue.

Common Property Letterboxes, CCTV Cameras and Letterbox Theft

Michael Pobi, Pobi Lawyers
Jun 2015: The theft of mail from apartment letter boxes is on the rise given that they are an attractive target for thieves. So, what can you do about it?

How Secure is your Strata Scheme?

David Bannerman and Samantha Saw, Bannermans Lawyers
March 2015: Strata security can be a tricky issue for owners corporations who need to balance the rights of owners/occupiers with an obligation to minimise the risk of crimes such as break ins, theft or damage.

When Do You Need Approval to Remove or Prune a Tree?

David Bannerman and Mark Pollinger, Bannermans Lawyers
Dec 2014: There can be significant differences between tree preservation orders for specific councils and proposals for pruning or removal of trees should be considered in light of the requirements of the tree preservation order applicable to the relevant local government area.

Owners Corporation’s Duty to Maintain and Repair Common Property

Pierrette Khoury, Turnbull Bowles Lawyers
Oct 2014: It is imperative the Owners Corporation is mindful of its obligations with regard to the legislation and ensures the common property is properly maintained and repaired.

Common Property, Lots and Strata Title Issues

Michael Pobi, Pobi Lawyers
Sep 2014: To determine what land, structures or airspace comprise lots or NSW common property in your strata scheme it is necessary to examine the various definitions contained in the legislation.

What Do I Own & What is Common Property

David Bannerman and Sven Bjerkhamn, Bannermans Lawyers
May 2014: For any lot owner and for an owners corporation, the really important question of who owns what needs to be established as the answer will dictate how a strata scheme is correctly managed and who is responsible for what parts of a strata scheme.

STRATA SCHEMES MANAGEMENT REGULATION 2016 – SCHEDULE 3 – Model by-laws, including those concerning common property, for residential strata schemes

Who’s Responsible? a guide to common property

Strata Community Australia (NSW). This report provides information detailing who is responsible for repairs and maintenance – the owner or the body corporate?

How can an Owners’ Corporation identify common property in a strata scheme?

NSW Government: Land & Property Information.

Common property and the lot in a strata scheme

NSW Fair Trading: A strata scheme is a residential building or a collection of buildings where each individual proprietor separately owns a small part, usually their apartment or townhouse. This small part is called ‘a lot’. There are other parts of a strata scheme building or property which are not part of anyone’s private lot. These parts are jointly owned by all the lot owners and are called common property.

• Q&A Why Should I Install Child Proof Window Locks NSW? Apr 2017 - Question: I live by myself and don't ever have small children inside my town house. Why has the body corporate
• NSW: Q&A Safety Regulations for Stairs / Common Stairways Mar 2017 - This Q&A about safety regulations for stairs has been answered by Deborah Sullivan, QIA Group Pty Ltd. Question: I am
• NSW: Q&A Does the Owners Corporation Have a Duty to Define Common Property? Feb 2017 - Question: Does the Owners Corporation have a duty to define common property? Should it not have been put on the

Q&A Plants Stolen from Garden on Common Property

Compilation Post – Leanne Habib, Premium Strata + Renee Cassidy, Whitbread Insurance Brokers + Allison Benson, Kerin Benson Lawyers
May 2016: This interesting Strata Questions and Answers article concerns some plants stolen from a garden on the common property of a scheme in NSW.

Q&A Upkeep the Repair of Common Property

Jan Browne, Ian McNamee & Partners
Apr 2016: Is it the responsibility of the Strata Manager to advise the Owners Corporation to upkeep and maintain the repair of common property?

Q&As NSW & QLD: Children, Commercial Strata Parking Regulations & Strata Insurance

Andrew Jakes, Ace Body Corporate Management + Jan Browne, Ian McNamee & Partners + Whitbread Insurance Brokers
Mar 2016: Some great strata questions and answers about children on common property, commercial strata regulations concerning parking and a strata insurance question!

Q&A Leaky Floors and Outstanding Body Corporate Levies

Andrew Jakes, Ace Body Corporate Management + Hayley Eighteen, Whitbread Insurance Brokers
Feb 2016: In this Q&A post, we answer two NSW Strata Questions: 1. Who pays for a leaky floor and 2. When is interest charged on outstanding body corporate levies?

NSW Strata Window Safety – Peter Berney, Solutions In Engineering

Neighbours and the law

by Nadine Behan. Published by the Legal Information Access Centre (LIAC), State Library of New South Wales, 2012. An easy to understand guide to the different areas of law that are involved in neighbourhood issues and disputes. Covers areas that commonly cause problems between neighbours including: dividing fences, retaining walls, overhanging branches, animals and noise, including a section discussing:

• Dividing fences. Restrictions concerning the style of dividing fence may operate in your local area because of council policies, heritage protection or restrictive covenants (e.g. a subdivision may have an agreement that all fences be of a particular type). Also some fences may need council approval. Check your local council website for any guidelines concerning fences in your area.
• Retaining walls. A retaining wall is a structure that supports excavated or filled earth on a property. The construction of a retaining wall will often require a Development Application. Check with your local council.
• Trees and plants. Trees and plants are a common cause of disputes between neighbours. In NSW legislation largely regulates the planting, pruning, destruction and removal of trees and plants and also deals with some of the disputes. The overall aim, wherever possible, is to conserve vegetation, especially in the urban environment.

• NSW: Lift Refurbishments – Do Owners Corporations Have to Pay Compensation to Affected Owners and Tenants? Jun 2017 - Can an owners corporation shut down the lifts in its building to refurbish them? If so, does the owners corporation
• Fixing a Leaking Roof Apr 2017 - As a Registered Building Practitioner who is also a specialist in waterproofing installation, I have witnessed the devastating consequences of
• NSW: Swimming Pools Act 1992 Jul 2016 - The Swimming Pools Act 1992 has further been amended since 2012 to improve the safety of children around swimming pools

So What Happens if the Owners Corporation Does Not Fix the Building?

David Bannermans, Bannermans Lawyers
Apr 2016: Many owners face problems with strata schemes failing to repair/maintain common property. Is the 2015 Strata Reform going to assist?

NSW: Growth in Mould Claims

David Bannerman and Ben Robertson, Bannermans Lawyers
Mar 2016: Dealing with complicated issues concerning toxic mould claims in buildings is becoming more and more prevalent in NSW.

NSW: Window Safety Requirements – Reminder Compliance Due 18 March 2018

Allison Benson, Kerin Benson Lawyers
Feb 2016: An important reminder for owners corporations to include a provision for Window Safety Requirements in their annual budgets.

Case of the week – Toxic Mould

Paula Byrnes, Metropolitan Strata Reports
Aug 2015: Toxic mould in a rented apartment – who is liable for the issue? The owners corporation, the landlord or the tenant? And how bad can mould really be?

NSW Building defects and maintenance

Media Release, NSW Fair Trading
Jul 2015: What do I do if I have a defect in my apartment? Find out the steps to take when dealing with NSW building defects and maintenance.

Strata Window Safety Locks and Devices

Pierrette Khoury, Turnbull Bowles Lawyers
May 2015: Changes were implemented to window safety strata as a result of fatalities in apartment buildings. Statistics have shown that each year approximately 50 children fall from windows or balconies in Australia.

Annual Fire Safety Statements: What Are They Good For? Sometimes, Absolutely Nothing!

David Bannerman and Carlo Fini, Bannermans Lawyers
Apr 2015: Our experience based on cases we have seen is that owners cannot rely on their annual fire safety statements if they want to make sure that their building fully complies with the Building Code of Australia and any applicable Australian Standard.

Wild Weather & Damage – the Owners Corporation’s Duty to Maintain and Repair the Common Property

Allison Benson, Kerin Benson Lawyers
Apr 2015: This is a quick refresher for owners corporation’s and lot owners on what their respective duties are when common property is damaged due to wild weather.

What Contract Should I Use?

Christopher Kerin, Kerin Benson Lawyers
Nov 2014: Commonly owners corporations completing rectification/maintenance work engage builders without giving proper consideration as to the building contract which should be used for that work.

What Do I Do When a Subcontractor Doesn’t Perform?

David Bannerman and Ben Robertson, Bannermans Lawyers
Oct 2014: Builders need to manage both the “front-end” and “back-end” of works performed by subcontractors so that builders can take appropriate steps if a subcontractor performs defective work or fails to finish a job.

Strata Title Renewal

Property Council of Australia
Buildings have a natural lifecycle. Some of the oldest strata buildings in Sydney are close to 100 years old. The process of decline has been accelerated by lack of maintenance as owners’ corporations have sought to minimise contributions.

Without renewal, buildings are being pushed past their realistic lifespan. We risk the emergence of a plethora of buildings which are unsound and unsightly

Deck and balcony safety

NSW Fair Trading
Is your deck or balcony safe? Recently there have been a number of incidents involving decks and balconies resulting in injury and death. NSW Fair Trading have produced a maintenance and safety guide to help home owners check their decks and balconies are safe and in good repair.

Register your pool and spa

NSW Government: Swimming Pool Register – From 29 October 2013, authorised officers may fine pool owners if their pool is not registered on the NSW Swimming Pool Register. The fine is $220.00.

Selling a Property with a Swimming Pool or Spa Pool

NSW Government: Division of Local Government – With over 300,000 backyard swimming pools in New South Wales, swimming pool safety is a vital issue that affects the whole community. Supervising young children in and around swimming pools and developing water confidence through water familiarisation programs can save lives. Effective pool barriers also help keep young children safe.

• Q&A Smoke Alarms in Strata Units NSW Jun 2017 - Question: In NSW, who is responsible to ensure the smoke alarms in strata units are operational? Who's responsibility is the
• NSW: Q&A Statutory Duty to Repair and Maintain Common Property May 2017 - Question: Our apartment is having rising damp repairs carried out. Are we required to contribute to the cost to repair
• Q&A What is a dilapidation report NSW? Mar 2017 - Question: The difference between section 62 report & a dilapidation report NSW? A 62 report is now 106 Duty of
• NSW: Q&A Strata Maintenance Responsibilities: Air Conditioning Unit Mar 2017 - Question: When it comes to strata maintenance responsibilities, who is responsible for maintaining an individual unit’s ducted air conditioning systems
• NSW: Q&A Retaining Wall Maintenance Responsibility Feb 2017 - Question: Retaining wall maintenance responsibility - Who is responsible for the repair of a retaining wall in the back yard
• NSW: Q&A Eliminating a Trip Hazard in a Courtyard Area Feb 2017 - Question: Should my uneven courtyard pavers be repaired quickly? Who is responsible for the cost of eliminating the trip hazard?
• NSW Q&A: Role of Executive Committee in Repairing Common Wall Cracks Jan 2017 - Question: Some common walls in our building have cracks. What procedure should our Executive Committee follow to repair these defects?
• NSW: Q&A How Does the Committee Organise a Leaky Roof Repair? Oct 2016 - A step-by-step guide to repairing a leaky strata scheme roof. From inspecting the issue and sourcing quotes to chasing up
• NSW: Q&A I’m Not Happy With Repairs to Strata Property Aug 2016 - My strata company allowed shoddy repairs to strata property in 2012 and are now getting the mismatched floorboards replaced by
• NSW: Q&A Termites in Your Strata Complex – Who is Responsible? Jul 2016 - Termite control - is this the responsibility of the individual owner or the Body Corporate to inspect and treat termites

Q&A Parking on Common Property Without Approval & Access Strata Lots for Maintenance

Leanne Habib, Premium Strata
Apr 2016: Answer: The Act does not permit residents to park on common property approaches without the prior written consent of the Owners Corporation.

Q&A Who is Responsible for Sanding & Polishing My Floorboards?

LookUpStrata + Leanne Habib, Premium Strata
Apr 2016: Who is responsible for maintaining / sanding and polishing the floorboards in a strata apartment? Aren’t floorboards part of the common property?

Who is responsible for the maintenance and repair of the internal stop valve connected to the water main?

Question

A plumber had to turn off the water main to fix the internal stop valve in the lot. Who is responsible for the maintenance and repair of the internal stop valve connected to the water main?

Answer

From Simone Balsara, TEYS Lawyers:

The internal stop valve is within the lot and for the exclusive use of the lot. Therefore, the internal stop valve is the owner’s responsibility. It does not matter that it is connected to the water main. However, the main stop valve servicing all lots (usually on an external wall to the building) is the owners corporation’s responsibility.

Question: If there is an internal bathroom not located on the common property and there is a leak from the pipes, who is responsible? Are the pipes still common property?

Answer

From Simone Balsara, TEYS Lawyers:

Normally burst pipes are the responsibility of the owners corporation. However, if a pipe is for the exclusive use of the lot, then if it bursts within the lot, the owner shall be responsible (e.g. pipe in an internal wall feeding the shower).

FAQs: Strata Schemes: Common Property

NSW Fair Trading

FAQs: Strata Schemes: Repairs & Maintenance

NSW Fair Trading

• NSW: Agents Throwing Out Records and Creative First Home Buyers [PODCAST] Jun 2017 - What strata records need to be kept and for how long? Should your strata manager discard old documents before checking
• NSW: The Role of The Chairperson and a Successful Council Parking Agreement [PODCAST] May 2017 - A strata discussion about the role of the chairman, the owners corporation's obligation to maintain the building and parking agreement
• NSW: BMC Building Management Committee Personality Clashes And Embarking On Collective Sale PODCAST Apr 2017 - Can you create a code of conduct to help control meetings that include a disruptive and bullying BMC Building Management
• NSW: Collective Sale and Renewal – PODCAST Apr 2017 - The three stages the Owners Corporation will need to follow when working towards a collective sale or strata renewal of
• NSW Strata Legislation, Opportunity and Options Mar 2017 - The new strata laws that came into force 30 November 2016 in NSW are making it easier for apartment owners
• NSW: Signing DAs and problems with NCAT penalties – PODCAST Mar 2017 - A behind the scenes insight into the strata sector: executing the DA for works to common property plus how to
• NSW: Do you have vacancies in your strata committee? Here’s what to do Mar 2017 - A strata manager client recently called to ask about what to do when a strata committee member, who was also
• NSW: What is the real cost of adding to your Owners Corporation? Mar 2017 - With the recent NSW changes to the rules for collective sale, many Owners Corporations - who may not want to
• Explaining the Tribunal process, including penalties under the new NSW law – PODCAST Feb 2017 - This podcast discusses how recent changes to the NSW Act have affected the way disputes are dealt with in the
• NSW: The New Rules for Appointing Lawyers Jan 2017 - There are new rules an owners corporation must follow before appointing a lawyer or taking legal action (legal services), dependent

Goodbye Strata Adjudications?

Michael Pobi, Pobi Lawyers
Jul 2016: It is important to remember that while the Tribunal hearing process may appear simple, there is a tendency for complex legal issues to suddenly arise.

New Strata Laws: Procedure for Removing a Motor Vehicle Parked on Common Property Explained

Michael Pobi, Pobi Lawyers
June 2016: As part of the NSW Strata Reforms, a new regulation 34 made under section 125 of the Act sets out the procedure an Owners Corporation can take to have a motor vehicle left on common property, which blocks an exit or entrance or otherwise obstructs the use of common property, moved.

Executive Committee (Strata Committee): Powers, Functions and Meetings

Allison Benson, Kerin Benson Lawyers
May 2016: When a strata plan is registered, the owners corporation comes into existence and is given the principal responsibility for the management of the scheme. Other people can assist in managing the strata scheme including a strata managing agent or a caretaker. However the day to day management of the scheme often falls onto the executive or strata committee.

Can a Strata Meeting Be Recorded?

Adrian Mueller, J. S. Mueller & Co Lawyers
Apr 2016: It is becoming increasingly common for strata meetings to be recorded. But is it legal to do so? The answer might surprise you.

Can A Lot Owner Revoke the Appointment of a Compulsory Strata Managing Agent?

Michael Pobi, Pobi Lawyers
Mar 2016: For many lot owners, the compulsory appointment strata manager to manage their strata scheme produces mixed emotions. Some are happy, some not so much….

Resolving Disputes at Strata Meetings – The Role of The Strata Managing Agent

Matthew Jenkins, Bannermans Lawyers
Feb 2016: Strata managing agents should approach strata dispute resolution with caution & in most cases take on a role akin to a mediator/facilitator and not a decision maker.

NSW Strata Schemes: Size Does Matter (Sometimes) – Part 2 Strata Schemes Management Act 2015

Allison Benson, Kerin Benson Lawyers
Feb 2016: This article discusses the legislative requirements for different sized schemes in relation to the new strata Act NSW.

NSW Strata Schemes: Size Does Matter (Sometimes) – 1996 Act

Allison Benson, Kerin Benson Lawyers
Feb 2016: The size of NSW strata schemes affects how they are treated under both the current & the new Act. Read a table of these difference to see how they compare.

My Strata Manager won’t help … what can I do?

Paula Byrnes, Metropolitan Strata Reports
Nov 2015: The Executive Committee’s role is to make decisions on behalf of the Owners Corporation … so what can be done about Executive Committees who act in the best interest of themselves, thereby disenfranchising the other owners?

I Don’t Like What Is Proposed To Be Built Next Door – What Can I Do?

David Bannerman and Craig Blackwell, Bannermans Lawyers
Oct 2015: How to object to a development proposal: Owners Corporations and residents have rights which may assist in stopping, modifying or having mitigating conditions imposed on a new development.

Is A Proxy Entitled To Vote on Behalf of the Estate of A Deceased Lot Owner?

Michael Pobi, Pobi Lawyers
Aug 2015: In the situation of a deceased estate, could a proxy attend a general meeting of an owners corporation and vote on motions on behalf of the estate of the deceased lot owner?

How are successful strata title scheme meetings run?

Leanne Habib, Premium Strata
Aug 2015: This article explains how typical strata title meetings, such as Annual General Meetings (AGM) or Extraordinary General Meetings (EGM) are run.

Decision Making in an Owners Corporation

Allison Benson, Kerin Benson Lawyers
Aug 2015: Strata & community title lawyers are constantly asked about the validity of owners corporation decision making. Why is this an issue?

Proxies and Participation at General Meetings

Allison Benson, Kerin Benson Lawyers
Jul 2015: To Attend or Not to Attend, that is the Question. Owners Corporation Proxies: can a lot owner could have someone else attend a meeting on their behalf and if so, what power does the proxy possess?

What to do if the Executive Committee is not Acting Appropriately

David Bannerman and Sven Bjerkhamn, Bannermans Lawyers
Mar 2015: It is quite an issue if you think the strata executive committee is acting improperly, or doesn’t care enough. If this is happening with your owners corporation there are a number of things you can do.

A Game of Thrones OR A Game of Knowns? Self Managed Strata Schemes V Strata Managing Agents

Allison Benson, Kerin Benson Lawyers
Mar 2015: In self managed strata schemes, often the lot owners start with good intentions but can dissolve into a microcosm of the politicking in HBO’s Game of Thrones.

Executive Committee Members – How Broad is their Personal Liability?

Mark Pollinger and David Bannerman, Bannermans Lawyers
Jan 2015: Executive committee members are responsible, under the Strata Schemes Management Act 1996 (SSMA), for assisting its owners corporation with the management of its functions.

Solicitors Attending EGMs On Behalf Of Their Clients

Michael Pobi, Pobi Lawyers
Sep 2014: Does a solicitor require a valid proxy to appear at an extraordinary general meeting acting on behalf of their client lot owner(s)? Be sure your vote counts!

Is that Owner Unfinancial and what are their Entitlements?

David Bannerman and Mark Pollinger, Bannermans Lawyers
Jun 2014: Owners corporations and their strata managing agents are frequently faced with difficult questions concerning non-payment of levies and other amounts due by lot owners.

• NSW: Are Explanatory Notes Required? Jun 2017 - Do explanatory notes need to be included in the agenda of a general meeting of an owners corporation? The answer
• NSW: Q&A Who Can Access the Strata Trust Account? Jun 2017 - In country NSW many of the strata managers are sole traders. If our Strata Manager dies, how can we gain
• NSW: Q&A Can Our Building Managers Use Proxies for Monetary Gain? May 2017 - Question: Our Building Managers are using their proxies to vote on the negotiation of their agreements. Is this allowed?
• NSW: Q&A Can a Strata Committee Member send their own Notice to Comply Letter? May 2017 - Question: Can one member of the Strata Committee send their own notice to comply letter to a lot owner without
• NSW: Q&A Strata Accounting Procedure for Invoicing a Strata Plan Apr 2017 - Question: Can you please advise the proper strata accounting procedure for invoicing a strata plan? Our current system seems inefficient/cumbersome
• NSW: Q&A Owners Corporation AGM Minutes Not Factually Recorded Apr 2017 - Question: We feel our Owners Corporation AGM minutes do not factually represent the events of the meeting. How can we
• NSW: Q&A Can a Tenant and the landlord hold positions in executive committee? Mar 2017 - Question: Is it permissible for a tenant and a landlord of the same unit to hold positions in executive committee,
• NSW: Q&A Does the Owners Corporation Have a Duty to Define Common Property? Feb 2017 - Question: Does the Owners Corporation have a duty to define common property? Should it not have been put on the
• NSW: Q&A How Do I Use Proxy Voting Forms? Jan 2017 - Question: What information is included on Proxy Voting Forms? Does the form indicate how I wish to vote for each
• NSW: Q&A Procedure for filling a strata executive committee vacancy Jan 2017 - Question: What is the procedure for filling a strata executive committee vacancy? Does the Executive Committee have the power to

Q&A Strata Unit Entitlements Affecting Maintenance

Leanne Habib, Premium Strata
Jun 2016: Questions about Strata Committees: What are the rules of strata voting at the AGM concerning strata unit entitlements NSW?

Q&A Frequency of Owners Corporation Meetings

Leanne Habib, Premium Strata
Apr 2016: I feel we do not have enough owners corporation meetings at my scheme. What are the meeting requirements for a strata scheme in NSW?

Q&A Who Decides on the Strata Maintenance Contractors?

Leanne Habib, Premium Strata
Apr 2016: Who’s decision is it to appoint strata maintenance contractors? My issue is that our strata committee want to appoint an expensive gardening company when we have cheaper quotes.

Problems in two lot strata schemes NSW

LookUpStrata
Feb 2016: An owner in a two lot strata schemes NSW has some questions about strata concerning fire safety, sinking funds and common area maintenance.

Q&A – When the body corporate chairman of the Strata Committee resigns before the AGM

Leanne Habib, Premium Strata
Nov 2015: Questions about Strata Committees – Could you please tell me the correct procedure when the body corporate chairman of the strata committee resigns before the AGM

Q&A Disabled Access – Can I install a stair lift on common property?

Leanne Habib, Premium Strata
Nov 2015: I need to installation a stair lift on common property. If the proposal is not well received by the Owners Corporation, can I go ahead at my expense?

Strata Dysfunction in a Self Managed Two Lot Scheme

Premium Strata
Oct 2015: Strata Dysfunction issues can occur just as easily in small two lot schemes as in larger developments, as shown by this lot owner battling it out in NSW.

Proxy voting, storage units and unit entitlements. Do they count as legal votes?

Leanne Habib, Premium Strata
Oct 2015: In this building, storage units hold unit entitlements. Then what happens in a meeting – does the vote of a storage unit equal that of an apartment?

FAQs: Strata Schemes: Strata Committee and Meetings of the Owners Corporation

NSW Fair Trading

Can you subpoena emails between strata committee members?

Question

We have a dysfunctional executive committee where the chairperson has resigned and then retracted her resignation. (3 times)

We have put up with infighting within the executive committee as well.

Back in August this year we had the CTTT issue orders to repair our unit. Both the managing agent and the executive committee keep applying for extensions for the work to be carried out.

The main reason I’m contacting your office and I’m not sure if you can put me on the right path:

I’m trying to obtain or subpoena emails between strata committee members which are defaming and show contact with the managing agent and chairperson a month after she resigned with works regarding our unit. (we have been told they exist but another member is scared of this person and wont give copies to me.)

We have had a waterproofing issue since 2007 and a mould issue since 2004. (Not repaired) I also have a document stating if my mum should die from an asthma attack the building insurance co would be liable.

Also I’d like to ask we have had constant water from this person throwing water on to our balcony, the strata have sent one letter, not a notice to comply and their response is its a civil matter and do not wish to get involve.

Can you offer any advice on the above information?

Answer

From Susan Cornish, Dubbo Strata:

This does not sound like a very healthy situation. Do not think you would be able to subpoena emails due to privacy laws between strata committee members unless there is a court matter taking place where you are required too. I am not a solicitor so you would be best to ask that question from a legal advisor.

The important thing is to get your owners corporation functional and attend to your repairs. Are you the owner of the lot or acting as Power of Attorney for your mother? For what reason have you not been able to get your repairs attended to and that extensions have been requested? It should not be that hard.

Do you have the support and leadership from your strata manager to try and get this resolved? Otherwise you will have to go back to the CTTT. You could request an inspection of records to see if there is any EC meeting minutes or correspondence in the records.

In regards to throwing water on to your balcony I would of thought that this is a breach by interfering with the peaceful enjoyment of another occupier within the scheme. The executive committee need to approve and issue a Notice to Comply once they have agreed that a breach has occurred. In the meantime you will need to document information in a diary of any events which may be able to be used as evidence. Photos are always good.

Hope this is of some help?

Can a non-director or non-company representative be the company nominee?

Question

On a company nominee form does the person completing the form on behalf of the company have to be one of the listed directors? Can a non-director or non-company representative be the company nominee? Is there any requirement that some kind of proof of directorship be provided with the form?

Answer

From Simone Balsara, TEYS Lawyers:

Where an owner is a company, the company is required to appoint a company nominee who will be entitled to vote on the company’s behalf at an Annual General Meeting and / or an Extraordinary General Meeting. A vote cannot be cast until a company nominee is recorded in the Strata Roll in accordance with s118 of the Strata Schemes Management Act 1996.

If the appointed company nominee is unable to attend a meeting and wishes to appoint a proxy, a proxy form must be completed by the company to take effect. A company nominee cannot appoint a proxy on the company’s behalf.

Therefore, if an owner is a company with two directors, one of which is the company nominee listed on the Strata Roll, and neither director is able to attend the general meeting, a proxy (e.g. who could be a non director or company representative) can only be appointed if both directors execute and affix the company seal on the proxy form.

Question: Can the owners corporation pass a resolution limiting the spend of the executive committee?

Answer

From Simone Balsara, TEYS Lawyers:

Yes, especially with respect to large schemes. Section 80A allows for a limit on spending by executive committee’s of large schemes. This is achieved by resolution at a general meeting.

Question: How long do you have to wait for an adjourned meeting?

Answer

From Simone Balsara, TEYS Lawyers:

This depends on the reason for the adjournment of the meeting. If the meeting is adjourned because a quorum is not present, the meeting stands adjourned for at least 7 days (clause 12 (4) in schedule 2 of the Strata Schemes Management Act 1996).

However, if adjourned for any other reason, notice of the time and place of the resumed meeting must be served by the Secretary on the members of the owners corporation at least 1 day prior to the resumed meeting (clause 13 (2) (b) in schedule 2 of the Strata Schemes Management Act 1996).

Question: What is the difference between a proxy and power of attorney?

Answer

From Simone Balsara, TEYS Lawyers:

A proxy is more limited in scope than a power of attorney. A proxy is an authorisation to vote on one’s behalf in respect of certain matters as stated in the proxy instrument. A power of attorney is an authorisation to act on another person’s behalf in their name.

• NSW: 10 Steps to a DIY Strata Report Mar 2017 - So your keen to carry out your own strata inspection report? Here’s a guide to help you get started …
• Buying a Strata Property? Be Aware There Are Two Types of Buildings Feb 2017 - If you are a considering buying a strata property, it is important to undertake a detailed review of the owners
• NSW: Buying into Strata – Can I renovate my apartment? (Part 3) Feb 2017 - Buying strata and want to make some changes to the unit? You may ask - can I renovate my apartment?
• NSW: Strata Managers vs Real Estate Agents – PODCAST Feb 2017 - Real Estate Agent Duties and Responsibilities including tips for quick action steps to take for improving a problem relationship.
• NSW: Buying Into Strata – What is a Special Levy? (Part 2) Feb 2017 - What is a Special Levy? A Special Levy is a one-off payment due by all owners when there’s not enough
• NSW Strata Reforms & Tenants Rights Nov 2016 - When the new Management Act 2015 commences, “eligible tenants” have certain rights. Who are “eligible tenants”? What rights do “eligible
• Buying Strata Property NSW … have you done your homework? Nov 2016 - Strata is a great living option … however, you want to be prepared for any lifestyle adjustments that you have
• NSW: Is Change In The Air For Short-Term Letting? Sep 2016 - If the City of Sydney has its way, some types of short-term holiday lettings will become legal in NSW without
• NSW: Giving Tenants a Say in the Management of Strata Schemes Sep 2016 - In this edition we consider the amendments to the Strata Schemes Management Act that relate to Tenant Representation. The amendments
• NSW: Sale of whole buildings Aug 2016 - We consider how the Strata Scheme Amendments make it easier for owners to end a strata scheme for the purpose

How A Strata Building Can Use By-Laws to Deal With Short Term Letting

Amanda Farmer, Your Strata Property
May 2016: Short term letting by-laws: what rights does an owner’s corporation have around restricting the types of occupants in a building?

Airbnb – Is Your Strata Building Becoming a Party Hotel?

David Bannerman & Mark Pollinger, Bannermans
May 2016: The rapid expansion of Airbnb and other online letting services has become one of the most controversial issues for the strata sector.

Strata By-Laws – What Investment Property Owners Need to Know

David Bannerman & Mark Pollinger, Bannermans
Apr 2016: The new strata laws will make a number of significant changes to the making and enforcement of by-laws. Investment property owners need to be getting ready for the changes.

So What’s This About Tenants at Strata Meetings?

David Bannerman, Bannermans
Feb 2016: There have been a lot of media reports about what is happening with strata tenants rights at strata meetings due to the new reforms.

NSW Property Law Update: New laws governing sunset clauses

Bechara Shamieh, Ramy Qutami, Denis Hall, and Mark Yum of Madison Marcus Law Firm
Nov 2015: Amid the growing concern over rescinding of off-the-plan contracts, Parliament on 17 Nov 2015 passed laws which govern and protect off-the-plan purchases in New South Wales.

What Documentation Should an Owners Corporation Have in the Strata Management Records?

Paul Mulligan, Find Our Home
Oct 2015: There are a number of reports that should form part of the Owners Corporation Strata Management Records. When conducting a strata inspection report, it helps when they are all included.

Is There Enough In The Sinking Fund?

Paula Byrnes, Metropolitan Strata Reports
Oct 2015: How about the sinking fund plan? Dig deeper than just the sinking fund balance when buying strata property, as a big balance does not always tick boxes.

Can Owners Corporations really hide files to cover up serious issues in the building?

Paula Byrnes, Metropolitan Strata Reports
Oct 2015: I did a inspection of an apartment building on the Northern Beaches. Looking at it from the outside, it can only be described as bespoke and luxurious … ah, but never judge a book by its cover!!

How to minimise building defect risks

David Bannerman, Bannermans Lawyers
Sep 2015: For property investors, building defects risks can be significant – particularly when buying a newly constructed house or apartment as defects may not be immediately apparent.

Does an owner have the right to hassle a tenant to fix a noise transference issue?

Paula Byrnes, Metropolitan Strata Reports
Aug 2015: Who is responsible for minimising apartment noise which transfers between lots, especially when we are discussing a tenancy situation? How could a strata report help?

Case of the week – Toxic Mould

Paula Byrnes, Metropolitan Strata Reports
Aug 2015: Toxic mould in a rented apartment – who is liable for the issue? The owners corporation, the landlord or the tenant? And how bad can mould really be?

It’s Your Call To Enter Into An Option Agreement

David Bannerman and Mark Pollinger, Bannermans Lawyers
Aug 2015: The range of issues for developers and property owners entering into option agreements and put and call options should be carefully considered before proceeding.

What is a Community Title Scheme?

Leanne Habib, Premium Strata
May 2015: More and more new housing estates are set up as community title schemes, precinct or neighbourhood associations. The large developments in Sydney’s outer suburbs spring to mind.

Should an owners corporation enforce strata by-laws against a tenant who is in breach of their lease?

Michael Pobi, Pobi Lawyers
Aug 2014: When renting strata units, who is responsible for enforcing the strata by-laws in the scheme? Does the responsibility fall to the Owners corporation or the landlord?

Q&A As a Tenant, How Do I Get The Owners Corporation to Approve My Bunny?

Andrew Jakes, Ace Body Corporate Management
May 2016: Question: Body Corporate and Pets NSW: Where Do Tenants Stand? My landlord says yes, but the owners corporation says no to my bunny.

Buying Strata Property

Audio by NSW Fair Trading
Are you thinking about buying or moving into a strata unit? People who have never previously lived in or owned a strata property may find the rules something of a culture shock.

Tenants’ rights manual: a practical guide to renting in NSW, 4th edition

Tenants’ Union of NSW
Especially for tenants and people who work with tenants on issues to do with renting.