FREQUENTLY ASKED QUESTIONS

FAQs

  • If the trees are common property, it is the owners corporation's responsibility. If the trees are part of your lot – you are responsible, as the owner.

  • If it is part of your lot, yes. If it is common property, you will need to get the permission of the owners corporation. This usually requires a licence or common property rights by-law to be passed by special resolution (75% of members of the owners corporation have to vote for it) at a general meeting.

  • If your backyard is part of your lot, you can do anything as long as it doesn't breach by-laws, for example, you must not damage common property or create disturbing noise.

  • Send a written request to the secretary or strata managing agent. Permission should then be voted on at a general or strata committee meeting.

  • Only if you have the permission of the owners corporation. If common property needs repair or maintenance, the owners corporation should undertake that work, not an individual owner.

  • The owners (or residents) are responsible for putting their own bins out, bringing them in, and keeping them clean. The owners corporation usually owns the bins.

  • As the window safety devices are installed on common property, the maintenance and repair of window safety devices is the responsibility of the owners corporation.

    However, the owners corporation can adopt a common property rights by-law which confers the right and obligation to install and maintain any locking or safety device to individual lot owners. Under the common property rights by-law, lot owners are able to install and maintain the device without first obtaining consent from the owners corporation. This is important for tenanted properties, as it may be more appropriate for the lot owner to organise the repair and maintenance of the locking devices.

    Alternatively, if the owners corporation has adopted the model by-laws, individual owners can install window safety devices without consent even if the device forms part of the common property. The model by-laws also provide that the owner must maintain and keep in a state of good and serviceable repair of locks installed in this way in their own lot.

  • While there is no obligation to do so, it is highly recommended that you take out adequate insurance on the contents of your unit. The insurance that the owners corporation organises covers the structure of the building and any fixtures inside lots (for example, sinks, baths, shower trays).

    However other contents such as your furniture, electrical appliances, curtains and carpets would not be covered. Owners can suffer major loss if their personal property is not insured in the event of a fire or through water damage. In addition, contents insurance usually covers your paint finishes on walls and ceilings.

    Refer to Common property and the lot for more information.

Owners Corporation and By-Laws 

The owners corporation is made up of all the owners in the strata scheme. By-laws are made or changed to meet the needs of all owners and to assist with the running of the strata scheme.

For more information on by-laws go to the By-laws in a strata scheme page.

  • All owners are always members of the owners corporation. They have voting rights and obligations to pay levies and comply with by-laws. Owners cannot ‘resign’ from the owners corporation.

    However you are free to manage your unit as you see fit. You can enter into a contract with a managing agent or caretaker to manage your unit, if you wish.

  • Check your by-laws first. Some schemes allow pets with the permission of the owners corporation – the strata committee can give this approval. Other schemes do not allow pets at all. If your by-law allows for pets then the requirements may include making a written request to the owners corporation and providing information to support your request, for example, information on the type of dog, how you will look after it and so on.

  • The best approach is to try to resolve the problem yourself, so talk to the person first. If that doesn’t work or, if you feel intimidated, you have two choices. You can ask the owners corporation to issue them with a Notice to Comply with a By-Law then seek a fine if they keep breaching. Or you can apply for mediation through Fair Trading to have a mediator assist you to discuss the issue with them.

  • Only if it is required in your by-laws. If the owners corporation does not have a noticeboard it must send all meeting and other notices to each owner directly.

  • That is a matter for the owners corporation to decide at a meeting.

  • Under some by–laws that apply to schemes, owners do not require permission to remove the carpet in their lot airspace. However the by–laws may require them to notify the owners corporation before proceeding. If a noise problem results, you can talk to them about it or ask the owners corporation to serve them with a Notice to Comply with a By–Law. If the unit is tenanted, you can usually take action against the owner seeking to have the floor carpeted or covered to reduce noise. The new Act allows owners to install carpet on their floors without permission. However, permission of the owners corporation must generally be obtained to install or replace wood or other hard floors.

  • Lot owners can install a complying window safety device in their own lot despite any by-laws which may be in place and without obtaining the consent from the owners corporation. The device must be installed in a competent and proper manner and must be in keeping with the building’s appearance. Lot owners who install window safety devices must give written notice of the installation to the owners corporation within 7 days after completion of the installation.

    Furthermore, lot owners who install their own devices are responsible for the maintenance of those devices within their own lot.

  • You can draft your own by-law and put it on the agenda for the next general meeting. It requires a special resolution – 75% or more to vote in favour. Once it is passed, the by-law must be registered with NSW Land Registry Services, then it is an enforceable by-law that must be obeyed. You may want to get assistance from your managing agent or a solicitor.

    For more information, refer to The owners corporation and the Schedule 3 model by–laws section of Common property and the lot.

Meetings of the Owners Corporation 

The Strata Schemes Management Act 2015 sets out how meetings are called, who can attend and vote, how they are to be run and how decisions are made.

  • While it is not compulsory for any lot owner to attend owners corporation meetings, a strata scheme operates better if those concerned take an interest in its affairs. There would usually be several meetings of the owners corporation a year, however the annual meeting, when contributions are set for the coming year and the strata committee is elected, is the only meeting required to be held by law. It is helpful if people are willing to make themselves available for election to the strata committee.

  • Tenants are not required to attend meetings. However, if a tenant is registered with the owners corporation they can attend meetings of the owners corporation. They do not have voting rights, and must be given permission to speak, and can be excluded when certain financial issues are to be discussed. If registered tenants make up more than 50% of the occupants of a Scheme, they can nominate a tenant to be their representative on the strata committee. However, whilst the representative can speak at the meetings, they similarly do not have voting rights and can also be excluded when certain financial matters are to be discussed. An owner could choose to give their tenant a proxy vote on the owner’s behalf.

  • In order to speak and vote at meetings you need to be an owner. Your name needs to be on the Strata Roll and you also need to be up to date with payment of levies.

  • Tell the secretary or strata managing agent. The minutes should then be amended. If they are not, the matter should be raised at the next meeting. If it remains unresolved, you can apply for mediation through Fair Trading to settle the matter.

  • Each year the owners corporation must have one annual general meeting and also one strata committee meeting to appoint office bearers. Other meetings can be held as the need arises.

  • Encourage owners to get involved in the management of their scheme. However there is no requirement for them to attend and they can choose to stay uninvolved if they wish.

  • General meeting minutes and records of motions must be sent out within 14 days of the meeting. Each member of the strata committee must be given a copy. Each owner must be given a copy, if the scheme is not a large strata scheme. If the scheme is a large scheme, then a copy must be provided to each owner who request a copy of the minutes.

    Refer to Meetings of the owners corporation for more information.

Meeting Procedures

  • A proxy is where you authorise someone else to vote on your behalf when you are unable or choose not to attend a meeting. 

  • You will not be able to use a proxy if your name is not on the strata roll or if your contributions are not paid in full.

  • Only matters on the agenda can be voted on and resolved. Matters not on the agenda may be discussed, but would need to be put on the agenda for the next meeting for the matter to be voted on.

  • Seek to raise it at the meeting and ask again to put the motion on the agenda for the next meeting. Alternatively lodge an application for mediation through Fair Trading to resolve the matter.

  • Both are votes required for certain motions at general meetings (not at strata committee meetings). A special resolution is where there must be at least 75% of owners in favour of the motion, based on unit entitlement. A unanimous resolution is where everyone votes for the motion.

  • No, there are no deciding votes at general meetings (includes AGM) or strata committee meetings.

  • Yes. A quorum for a general meeting is 25% of people entitled to vote or owners who hold 25% or more of unit entitlement (or duly appointed proxies). A quorum for an executive committee meeting is at least 50% of the executive committee members. If no quorum is present within the next half hour after the relevant motion or business arises for consideration at the meeting, the chairperson must either adjourn the meeting for at least 7 days, or declare that the persons present either personally or by duly appointed proxy and who are entitled to vote on the motion or election constitute a quorum for considering that motion or business and any subsequent motion or business at the meeting.

    Refer to Meetings of the owners corporation for more information.

Strata Committee

The owners corporation must elect an strata committee which can make many of the day-to-day decisions about running the scheme on its behalf.

  • The strata committee members are elected at the AGM. Your nomination must be submitted before or during the AGM. Any owner can nominate themselves. Owners can also nominate a non–owner as long as they do not nominate themselves as well. Co–owners may be nominated by another co–owner of their lot who is not standing for election, or by an owner of another lot.

    Note: Anyone nominated for election to the strata committee must disclose any financial, business or family connections they may have with the original owner or building manager. After being elected, committee members must also disclose any financial, business or family connections they may develop with the original owner or building manager.