Category: Strata Law

Telemon Lawyers > FAQs > Strata Law

What is the process for getting a by-law amended or repealed?

If a by-law needs to be AMENDED it is necessary to look at s 141 of the Strata Schemes Management Act 2015(the Act) as it provides the procedure for changing by-laws. Simply, the owners corporation, through a special resolution, can alter by-laws as they wish. This change however does not come into effect until the owner’s […]

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I haven’t been able to resolve a problem with the Owners Corporation, can I immediately make an application to a Strata Schemes Adjudicator?

While the Strata Schemes Management Act 2015 (NSW) allows for the Registrar to dispense with the need for mediation if mediation is “unnecessary or inappropriate in the circumstances” (and it is not necessary in certain other situations, including where Orders have already been made), in practice an application for mediation should be made before an application […]

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What is a poll vote at an Owners Corporation General Meeting?

Most non-controversial decisions (if such things exist!) at General Meetings of an Owners Corporation are decided by a “show of hands”. That means that voting is determined by counting how many people vote for or against (or abstain) from a decision. Clause 14 of Schedule 1 of the Act says: “A motion put to a general […]

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I’ve heard you need to get 75% to pass a Special Resolution at a General Meeting of a Body Corporate for a Strata Plan, is that correct?

No. Passing a Special Resolution is framed in the legislation the other way around. That is, not as a 75% in favour, but as a not more than 25% against. It’s a two stage process. First, the Special Resolution needs to “pass”, that is, a majority must vote in favour (and there’s two major different ways […]

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I am the owner of a lot or unit in a NSW Strata Plan and I want to bring a motion to a General Meeting of the Owners Corporation, what do I do?

The answer is set out in Schedule 2 of the Strata Schemes Management Act 2015 (NSW). There are a number of options. You can firstly simply wait for the next AGM. Secondly the Executive Committee can convene a General Meeting at any time. Lastly, you can serve on the Secretary of the Executive Committee a […]

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I am wanting to buy a strata lot. Should I bother with a strata report?

YES! Before buying a strata lot you should DEFINITELY request a strata report. Although the property owner has disclosed information about the lot itself as required in the contract, the contract doesn’t require disclosure of important information about the common property. Financial and managerial information about the Owners Corporation and common property including current funds, […]

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An owner has conducted works without the approval of the Owners Corporation. I’m worried about the quality of the works performed. What are my options?

Firstly, the Strata Schemes Management Act 2015 (SSMA) classifies renovations into three categories; Cosmetic work; Minor renovations; and Major renovations. An owner MUST receive permission from the owners corporation before doing any minor or major renovations. So, if an owner has decided to undergo work that falls in the minor or major renovations categories that […]

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Can an Owners Corporation pass a by-law that prohibits short term lettings such as Airbnb?

Airbnb is becoming increasingly popular as a cheap accommodation option. Lot owners are understandably keen on renting out their unit short term to gain high returns. However, if an Owners Corporation prohibits the use of Airbnb short term letting through a by-law, is it valid? The answer to this was ‘no’ in the case of […]

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There is a leak in the roof of my lot that the Owners Corporation has not fixed. Have they breached their duty to maintain and repair common property?

The duty to maintain and repair common property is imposed by Section 106 of the Strata Schemes Management Act 2015 (NSW) (the Act). This issue was considered in Shum v Owners Corporation SP30621 [2017] NSWCATCD 68 in which lot owner, Mr Shum, sought to recover statutory compensation from the Owners Corporation for loss suffered due […]

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I’m on the strata committee and I think the committee needs some legal advice. How do we engage a lawyer?

Section 103 of the Strata Schemes Management Act 2015 (NSW) explains that before obtaining paid legal services, a resolution approving the use of this service must be passed at a general meeting of the owners corporation (OC). However, there are some exceptions where legal services can be obtained without OC approval, but only with approval […]

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