Member call no. 35: What you can do about tenants subletting

David is an experienced committee member in a self-managed building. For some time, the building has struggled with noisy tenants, who also sublet on a short-term basis. I help David ensure the committee is following the correct enforcement procedures, including what to expect before the Tribunal. We also discuss a short-term letting by-law, including suggested […]

Member call no. 34: Jennifer successfully negotiates a compulsory appointment

READ THIS AFTER you have watched the video… A few months after our call, Jennifer let me know how everything turned out. I suggest you watch/listen to the call first, then click here to read Jennifer’s email sent to me… With last week’s podcast episode about compulsory appointments, Jennifer’s member call is timely. In this […]

Member call no. 33: Does committee member Glenn have a conflict of interest?

In this short (14min) member call, I help Glenn to determine whether or not he has a conflict of interest when voting on specific matters at his committee meetings. I explain the relevant parts of the NSW legislation, including what needs to be done if a conflict is disclosed, and apply some practical examples. Links […]

Member call no. 32: Recommended by-laws, vexatious ex-committee members and more

In this wide-ranging call with committee member Phillipa, I recommend some new by-laws for the committee to consider incorporating as part of their review process. We canvass ideas for dealing with vexatious ex-committee members who are circulating nasty emails, and discuss options for negotiating the terms of a new strata management contract, including removing delegated […]

Member call no. 30: Obtaining orders for removal of an illegal floor

Katrina’s committee has been involved in protracted NCAT proceedings, seeking the removal of an illegal hard floor. I help Katrina to decide the best next steps to move the case forward and achieve a result that will retain some level of harmony between the offending owner and the committee, while ensuring the ongoing peaceful enjoyment […]

Member call no. 29: Dealing with Dan’s noisy neighbours

Dan’s neighbours have installed tiles in their unit above him, without any approval. He has lost his peaceful enjoyment and wants to know what steps he can take to get it back. I walk him through the process of enforcing both a “noise” by-law and pursuing the illegal alteration of the common property, including what […]

Member call no. 27: Easing short-term letting pains for Colin

Colin heads up a committee for a building in a popular part of Sydney’s eastern beaches. When we spoke back in March this year, new legislation was about to commence, permitting NSW owners corporations to pass a by-law banning short-term letting: in some circumstances. I talk through the impact of this new legislation with Colin […]

Member call no. 26: When major renovation works are carried out without insurance

In this call, Bernadette shares the rather unorthodox management structure for her converted warehouse building. She has discovered that facade works carried out by an owner, but funded by the owners corporation, were not insured. We talk through the fallout, with particular reference to the relevant provisions of the Home Building Act NSW. We also […]

Member call no. 25: A win for Heather and her greyhound

Heather’s building prevents occupiers keeping pets without the approval of the Owners Corporation and Heather’s request to keep a greyhound has been unreasonably refused. I walk Heather through how she might prove “unreasonableness” under section 157 of the NSW law, including the practical steps she can take immediately to fast track her success.  I am […]

Member call no. 24: Penalty applications and cost orders in the Tribunal

In this call, I assist Mary to defend a (seemingly) spurious penalty application for breach of a by-law: in Mary’s case, the “behaviour” by-law (model by-law 6, NSW). We also discuss her options for pursuing a cost order after an earlier application was withdrawn by her owners corporation.

Member call no. 23: Achieving common property repairs in a 2-lot scheme

Sandra is an owner in an unusual 2-lot scheme: her unit entitlement is 35 and her neighbour’s is 65. As you can imagine, this is causing some problems, particularly when it comes to the repair and maintenance of common property. In this call, I arm Sandra with the tools she needs to resolve moisture ingress […]

Member call no. 22: Terry challenges excessive levies in the Tribunal

In this call, I’m helping Terry with what is (in my experience) an unusual application: for an order varying levies on the grounds that they are excessive. Terry’s building recently resolved a 48% increase in levies and Terry believes the increase should have been half that. I give Terry my tips for ensuring his application […]

Member call no. 20: Demystifying BMCs with strata manager Andrew

In this call, I answer strata manager Andrew’s excellent questions about:  whether NSW community associations can impose blanket bans on the keeping of animals how building management committees and strata management statements work what avenues NSW buildings have if they have an underperforming strata manager This is a very ‘hands on’ call filled with practical […]