In order for an owners corporation to repeal an exclusive use by-law that confers on the owner of a lot, or the owners of several lots, certain rights or privileges to use a part of the common property, section 52 of the Strata Schemes Management Act 1996 (“SSMA”) requires the written consent of the owner(s) of the lot(s) concerned. In general, this means the written consent of the owners receiving the benefit of the common property in question.
Now and then I am called upon to attend strata meetings on behalf of lot owners, owners corporations or strata managers. Over the years, I have picked up a few tips comes to the way in which an efficient strata meeting is run. Here are 6:
Strata essentials: these are the 6 things you absolutely must know about owning a strata property: by-laws, levies, lot property vs common property, meetings, strata manager, committee.
Recently, I was invited by strata management company Dynamic Property Services to sit on a panel, together with other strata ‘experts’, and answer a range of questions asked by strata owners.
One of those questions was: what to do about short term letting in strata?
Below I share with you my personal notes made in preparation for answering the various aspects of that important question:
Previously, I wrote about when and how a resident of a strata scheme can keep pets in their lot.
Today, I set out the process than can be undertaken if the owners corporation has rejected your request to keep a pet.
So, you have written to the executive committee, enclosing a photo of Max lying on the grass with three other dogs at the park, belly up:
When I was a kid, my Christmas wish-list every year included a puppy. But all I remember was receiving different pairs of I-swear-they-are-fashionable-funky-socks and some you-will-grow-into-them-sweaters from my parents. I must admit, Santa and I were not on the best of terms for a long time. But eventually, I realised the real obstacle standing between Father Christmas and my fulfilling childhood were the by-laws for our unit block.
Have you ever dreamed of living in a ‘New York’ style high-rise apartment looking over the alluring lights of the city? I know I have, particularly after the first episode of Suits where they showed Harvey Specter’s apartment.
However, living in a high-rise residential building is not just about throwing fancy dinner parties to make your friends jealous, despite your fear of heights.
What do your owners think happens to the personal information they provide to you? Do you warn owners that their personal information may be made available to those inspecting the books and records of the scheme? This could include postal address, telephone number and email address.
It is difficult to imagine that almost 55 years ago strata title was a non-existent concept. Before the introduction of the NSW strata title legislation in 1961, the most prevalent way of regulating the ownership of ‘common property’ in NSW was the concept of company title.
What is Company Title?
Due to popular demand, I have prepared this paper setting out my advice on the best practice to be applied when recovering unpaid strata levies, including my thoughts on the practice of recording ‘expenses’ on owner ledgers.
You may have heard of the television sitcom Arrested Development. It’s about a man called Michael Bluth who tries to do the right thing and strives to keep his family together, despite his highly manipulative and materialistic parents, attention seeking twin sister, socially inept little brother and highly unreliable older brother. And how could we forget Tobias Fünke, his brother-in-law who is a self-diagnosed ‘never-nude’ (which is ‘exactly what it sounds like’).
Since 1 January 2012, all strata buildings containing a common property workplace built before 1 January 2004 must comply with certain legislative requirements relating to asbestos. In summary, these requirements relate to
(a) the identification of asbestos
(b) the creation of an asbestos register and
(c) the creation of an asbestos management plan.
The NSW Supreme Court has reminded us of the requirement for section 80 levy recovery expenses to be ‘reasonably incurred’ and ‘reasonable in amount’. If there is any doubt, costs will be referred for assessment.
IIB Australia Pty Ltd v Owners Strata Plan 76024 (No 2) [2015] NSWSC 929 (16 July 2015) was an appeal from a decision of the Local Court. In the Local Court proceedings, the Owners Corporation claimed against a lot owner:-
Last November, I was invited by strata management company Dynamic Property Services to sit on a panel, together with other strata ‘experts’, and answer a range of questions asked by strata owners.
One of those questions was: what to do about short term letting in strata?
