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Feature Post
Q&A Changing Strata ByLaws: How do we go about this?
Tyson D’Sylvia, Ace Body Corporate Management
Apr 2017: All communities should review their bylaws to make certain they encompass the corporation requirements and are tailored to fit the dynamic of the property.
Click on the topics below to explore articles and information relating to Strata Information South Australia.
Strata Legislation South Australia
Community Titles Act 1996
An Act to provide for the division of land into lots and common property; to provide for the administration of the land by the owners of the lots; and for other purposes.
Strata Titles Act 1988
An Act to provide for the division of land by strata plan; and for other purposes.
Statutes Amendment (Community and Strata Titles) Act 2012
An Act to amend the Community Titles Act 1996 and the Strata Titles Act 1988.
Strata and Community Titles Fact Sheet
Land Services Group, Dept of Planning, Transport and Infrastructure
Legal Services Commission of South Australia
Strata and Community Titles
Legal Services Commission of South Australia with assistance from the Lands Titles Office
The booklet is about residential strata and community titles. If you are planning to buy a strata or community titled property, there are some important legal matters that you should know.
Strata Information South Australia
the Statutes Amendment (Community and Strata Titles) Act 2012 changed the laws (the Community Titles Act 1996 and the Strata Titles Act 1988) governing community and strata titles in South Australia, as of 28 October 2013.
Community & Strata Title Amendments 2013
Strata Titles: A Legal Guide
This booklet is about residential strata titles. If you are planning to buy a strata titled property, there are some important legal matters that you should know.
South Australian Civil & Administrative Tribunal
Contains information about lodging an application:
Common Questions about SACAT
Useful Links
Useful Links for Strata Information South Australia
Consumer and Business Services
Strata regulators for South Australia.
Strata Community Australia (SA)
The leading professional body for the strata and community title sector in South Australia.
Community and strata plans
Government of South Australia: Housing, Property & Land
Fact sheet – Owners and Community & Strata Corporations
This fact sheet outlines the effect of law changes brought about by the Statutes Amendment (Community and Strata Titles) Act 2012 and what they mean for owners and community and strata corporations (corporations).
Fact sheet – Body Corporate Managers
This fact sheet is designed to explain the changes to community and strata titles laws directly impacting on body corporate managers. In so far as managers are seeking information on the impact of the changes on the community or strata corporations (corporations) that they manage, see the separate Fact Sheet – Owners and Community & Strata Corporations (above).
SA: Contact your local Member of Parliament
If you believe there is a strata issue that needs to be brought to the government’s attention.
Dispute Resolution
Problems With Apartments? Complaint handling in your strata corporation
The SA Government advises that if you are in a dispute with a neighbouring unit owner, it is best to first talk with your owners corporation to try and resolve the issue.
Please read this factsheet with information about managing neighbourhood disputes: Reporting disruptive neighbours.
Information about strata title disputes can also be found on the Legal Services Commission of South Australia website: Strata & Community Titles – Disputes pg. 11.
In most cases a dispute can be resolved using a community mediation service such as Community Mediation Services: Neighbourhood and Community Disputes.
If no resolution can be found, an application can be made to the Magistrates Courts as a minor civil action.
Free Legal Help can be sought by calling Strata and Community Advice Helpline Service on 1300 366 424.
ByLaws
ByLaws for Strata Information South Australia
Q&A Changing Strata ByLaws SA: How do we go about this? Apr 2017 - Answer: All communities should review their bylaws to make certain they encompass the corporation requirements and are tailored to fit
Is strata corporation approval needed for a temporary gazebo?
LookUpStrata
Aug 2015: This week we received a question from a strata resident in South Australia asking about the process to erect a free standing temporary gazebo within the courtyard of a strata townhouse.
Strata Smoking
Strata Smoking and Strata Information South Australia
- SA: Q&A What Can I Do About Smoke Drift From Neighbour Smoking On Balcony Feb 2017 - Question: I am unable to have my door open or sit outside due to my neighbour smoking on their balcony.
Strata Parking
Strata Parking and Strata Information South Australia
FAQs
- SA: Q&A How do I swap strata car spaces with another lot owner? May 2017 - Question: What do I need to do to swap strata car spaces with another owner? I have a disability and
- SA: Q&A Strata Visitor Parking Rules Mar 2017 - Question: Strata visitor parking rules - Is the driveway for resident use only? Or can visitors come and go at
Noise & Neighbours
Noise & Neighbours and Strata Information South Australia
Q&A Retrospective Approval Given for Renovation – What Can I Do Now?
Tyson D’Sylva, Ace Body Corporate Management
May 2016: Question: Retrospective approval has been given to my neighbour’s renovations. What can I do now about the noise?
Strata Insurance
Strata Insurance and Strata Information South Australia
- SA: Q&A Is Salt Damp Covered By Insurance and Who Is Responsible? Oct 2016 - Question: Is salt damp covered by insurance and is it the responsibility of the Lot Owner or the Strata Corporation?
- SA: Q&A Claim Due to a Leaky Pipe. Who Pays the Insurance Excess? Jun 2016 - We received this question about who pays the insurance excess for a leaky pipe claim. The following responses have been
Pets in Apartments
Pets in Apartments and Strata Information South Australia
- SA: Q&A Tenants Rights to Have Pets – Can I Keep My Cat? Jul 2017 - Question: I'm signing my lease for an apartment tomorrow and I have just been told that the building will not
- SA: Q&A Strata No Pets Policy – What About Visitors With Dogs? Nov 2016 - Question: If our scheme clearly has a strata no pets policy, what do we do about visitors bringing their dogs
- SA: Q&A How Do We Tell the New Owners About the No Pet Bylaw? Jun 2016 - We received this question about the the best way to inform neighbours about a no pet bylaw. Tyson D'Sylva, Ace
- Q&A Tenants Rights SA: I don’t want a dog in the building! Jun 2016 - We received this question about tenants rights SA from a tenant living in an apartment block. Tyson D'Sylva, Ace Body
Strata Levies
Strata Levies and Strata Information South Australia
- SCA (SA) Funding Capital Works Breakfast Seminar May 2017 - Debbie Barker, National Manager, StrataLoans and Deborah Sullivan, National Client Relations Manager, QIA Group, presented two viewpoints on corporations funding
Sinking Funds in Adelaide – Lessons Learned
Peter Greenham, Independent Inspections
Jan 2016: Adelaide unit owners are still coming to terms with the new legislation and the lack of maintenance of the Strata and Community Corporations, consequently there has been no choice to but temporary increase levies up to $1000 per lot.
- SA: Q&A Can a disputed special levy payment be set as a debt against the lot owner’s levy account? Feb 2017 - Question: If a special levy payment has been imposed and is being disputed, can this be set as a debt
Can $ be with held from owners when collections for common area upgrades fail?
Question
Legally, can $ be with held from owners when collections for common area upgrades fail? I wish to have my money returned.
3 strata units. Common area is a driveway. 1 of the 3 units have not met their Levy obligation. I wish to have my Levy returned. Can my strata management company legally hold onto the amount paid?
Answer
From Pam Lewer, Integra Strata Melbourne:
If two of three units have paid for the works to be carried out, then the defaulting unit should progressed to debt recovery to collect the outstanding fees.
The project for repair would have been resolved at a meeting and all owners are responsible in their duty of care to make sure that the common property is safe. So, the project is not over because one owner has not paid, it has just been delayed until legal recovery proceedings are completed.
Maintenance & Common Property
Maintenance & Common Property and Strata Information South Australia
- SA: Q&A Strata Maintenance Adelaide. Who repairs the roof? Aug 2017 - Question: We have a few bent roof panels. Are we responsible for the repair of the roof or is this
- SA: Q&A Who is responsible for strata repairs? Jun 2017 - Question: Who is responsible for strata repairs? When it comes to plumbing, can the strata corporation force a lot owner
- SA: Q&A Common Property Boundary – Eaves in Neighbours Yard Jan 2017 - Question: The common property boundary for my unit block encroaches onto the next doors yard. Is it ok for the
- SA: Q&A Common Property Access Affecting our Privacy Jan 2017 - Question: The common property access area at the rear of our unit has people walking through it all of the
- SA: Q&A Is Salt Damp Covered By Insurance and Who Is Responsible? Oct 2016 - Question: Is salt damp covered by insurance and is it the responsibility of the Lot Owner or the Strata Corporation?
- SA: Q&A Falling Tree – Is the Landlord or Strata Corporation Responsible? Sep 2016 - Question: Who is responsible for the removal of a falling tree? Is it the Strata Corporation or the landlord? Who
- SA: Q&A Security Camera and Privacy Aug 2016 - Question: Security Camera and Privacy: Is the Strata Corporation required to provide approval for a neighbouring lot owner to install
- SA: Q&A Who is Responsible for Repair and Maintenance of Windows Jun 2016 - We received this question about the repair and maintenance of windows in strata properties. Tyson D'Sylva, Ace Body Corporate Management
Committee Concerns
Committee Concerns and Strata Information South Australia
- SA: Q&A Presiding Officer Refusing to Co-operate Apr 2017 - Question: Recently we had a couple of issues where the presiding officer was involved and has refused a request. What
- SA: Q&A How Should a Strata Manager Use His Proxy Votes at AGMs? Nov 2016 - Could you let me know what regulations or guidelines there are with regards to how a Strata Manager should use
Q&A How do Strata Voting Rules Work via Email?
Tyson D’Sylvia, Ace Body Corporate Management
Nov 2015: Questions about Strata Committees – I am a member of a strata title and don’t understand the strata voting rules relating to “voting on resolutions by email”.
Strata Building Defects
Strata Building Defects and Strata Information South Australia
“Ticking Time Bomb” Properties a Concern for Apartment, Unit and Townhouse Owners
Stephen Raff, Ace Body Corporate Management
Apr 2016: Australia’s problem with building defects is a huge safety concern for property owners, and we fear that every city around the country has hundreds, if not thousands of “ticking time bomb” properties containing non compliant, highly flammable building materials.
Renting / Buying / Selling Strata Property
- Q&A Tenants Rights SA: I don’t want a dog in the building! Jun 2016 - We received this question about tenants rights SA from a tenant living in an apartment block. Tyson D'Sylva, Ace Body
Strata Titles: A Legal Guide
Legal Services Commission of South Australia
If you are buying strata property, there are some important legal matters that you should know.
Buying strata property
Legal Services Commission of South Australia
Matters to be considered in purchasing a strata unit.
Strata Managers
Strata Managers and Strata Information South Australia
- SA: Q&A Strata manager wanted! I’m getting no response. Mar 2017 - Question: Strata manager wanted! I recently purchased a unit and my strata manager will not respond. Who can I turn
FAQs
How do we dismiss our negligent strata manager?
Question
At AGM I had proxy votes to dismiss our Strata Manager. He said I was a not fully paid up member and therefore my vote and proxies where void. He had 9 votes and without me our co- op had 9 votes. Our strata manager appointed himself and said we have to be with him till the next AGM! I had fully paid up my Strata Fee’s except for $ 34 late paying fee’s – an amount I dispute about. Furthermore, I had 25 individual paper slips, dated and signed, by other owners all in favour of changing strata managers. He declared this paper slips void, because they weren’t on the proper Strata papers. Can you please help?
We only have a small % of occupy-owners. This was the second AGM, the first AGM he had dismissed, because according to him we didn’t have a quorum.
Our manager re-appointed himself for a full year last night. I challenged he and said that a meeting could be called and he could be dismissed any time. He has been totally negligent in his duties. Never contacted owners to let them know about their tenant having 2 or 3 cars. For the last 3 weeks we had police coming to our complex every day because threats being made by the multiple car-owners (all tenants!). We had a $ 50.000 paint job done; a total disaster and our manager paid this people already $ 32.000!! Then he gave this painter-thugs my telephone number without asking me first! I am not young and live alone – I am not impressed! I/we need to know the proper legal way to get rid of this manager.
Answer
From Pam Lewer, Integra Strata
The easiest way to proceed is to call a special general meeting which can be done by 25% of owners. This written instruction is passed to your manager who has the obligation to call a special general meeting with the only two topic:
- Termination of Management and he must then distribute the papers to all owners.
- Election of committee
Make sure you get everyone to sign the correct Proxy Form naming you as their proxy and when you are at the meeting you can terminate the manager and elect a committee of at least 3 owners.
You must make sure everyone is fully paid up, including yourself, so there are no technical problems. If you then get 10 votes to his 9 the motion is passed and his services are terminated.
Then the elected committee can make a decision on behalf of all owners who the new management company will be, so you will need to get a few quotes.
Need Help?
Looking for Strata Industry Experts for South Australia? Search within THE Strata Services Directory for the best list of about strata information South Australia contacts available.
Interested in being included in the Directory? Contact Nikki Jovicic, LookUpStrata for more information.