I’m joined by fellow strata lawyer, Allison Benson. Allison recently appeared in the NSW Civil and Administrative Tribunal on behalf of an owners corporation seeking to enforce its cost recovery by-laws. In this chat, we discuss the Tribunal’s decision, how that decision may impact future attempts by OCs to recover costs from lot owners, and the prospect of legislative reform to better protect buildings troubled by serial by-law breachers.
Michael Ferrier of Eyeon Property Inspections shares his assessment of the quality of strata books and records, explaining how transparent record keeping adds to property values. He encourages owners to take responsibility for their own records, and he’s even got a system to help us do precisely that.
I’m sharing 4 must-know facts about 2-lot strata plans, relevant to:
– voting
– insurance
– repairs and maintenance
– strata committees
Reena asks whether a lot owner has any say in the method by which an owners corporation chooses to repair its common property. We also discuss lot owner DAs for change of use and the importance of understanding the mandatory legal requirements for the issue of a Notice to Comply.
Having recently helped a client avoid penalty proceedings in the Tribunal, this week I’m sharing some common mistakes I see managers and committees making when issuing a notice to comply with a by-law. I’m also giving our members the opportunity to access my next exclusive Pro Member Webinar where we’ll go deep on this important topic (heads up: it’s TOMORROW!)
A source of frustration for many owners, records inspections is one of the subjects I am most frequently asked about. I’m sharing my 4 steps to a successful strata records inspection, including what to do when particular records are withheld for ‘privacy’ or ‘legal’ reasons.
NSW (finally) has a set of public health orders specific to apartment buildings.
But…they’re not quite what we were asking for.
I outline the new and rather onerous obligations on strata managers and others ‘managing’ residential buildings that are forced into hard lockdown.
I’m also giving you access to my new resource, helping you help your buildings through the challenging months ahead.
This week, a blast from the past. Way back in September 2016 I spoke to Cathy Sherry about the surprisingly unfettered power strata owners have to regulate the private lives of their neighbours. At a time when this power has been tested and found to be stronger than ever (our NSW “pet” cases), I thought it opportune to revisit this popular episode.
This solo episode is devoted to exploring that most Draconian of interventions: the appointment of a compulsory managing agent. How do you get such an appointment? Do you really need one? And a question many owners are left asking after the event: is it really such a good idea?
Reena and I discuss:
– what happens when a committee is deadlocked on the election of its office bearers
– why strata managers should not blindly accept their client’s instructions
– the strata loan that came to the rescue
– the Court of Appeal case confirming the power of the NSW Tribunal to award damages to lot owners.
In this packed episode, Reena and I cover:
– what can be done when an owner won’t agree to their front fire door being tested for asbestos
– why anti-discrimination legislation is increasingly relevant to strata
– the owners who successfully proved the unreasonable refusal of their renovation application
– why we need more access to unreported cases from our Tribunals
– why I’m getting up at 3am this week!
Reena’s attempts to put together a complete file for her new client are frustrated when she receives only hard copy records from the former managing agent. We discuss the legal requirements for the handover of strata books and records. I issue a warning to committee members sending emails from a work email address and we both look forward to catching up with friends and colleagues at a unique event in a few weeks’ time.
This week:
– Reena wonders if renovation works by-laws registered without annexed plans are still valid
– I share a listener challenge around hotly contested committee elections
– Reena has her “biggest win since we started the podcast” and
– I help an owner achieve disability access in their building
This week, Reena and I cover:
– access to CCTV footage: often controversial in our strata schemes, but what about when the footage belongs to a BMC?
– a refresher on the quorum rule, including when a chair must proceed in the absence of a quorum
and more.
Reena and I cover:
– the indecisive voter: what happens when an owner votes one way via pre-meeting voting, then changes their mind and wants to vote the other way at the meeting?
– lessons from Miami and a warning to communities ignoring their repair and maintenance obligations
– the deep clean that went just right and
– the benefits of a QR Code and how to get one for your building.
*Note: this conversation was recorded a couple of weeks ago and the situation with NSW lockdown is rapidly changing. Make sure you stay up to date via NSW Health and access the latest public health orders.
Reena and I cover:
– how to complete a ballot paper “in writing” during an electronic meeting
– the surprising item missing from our strata legislation
– the insurer who capitulated second time around
– a creative solution to a long-standing noise dispute
On Wednesday this week, it became much easier for residents in NSW strata buildings to keep pets in their homes. In this episode, I unpack the new legislation, including its impact on existing by-laws that restrict the keeping of animals.
