Category: Owners Corporation

Telemon Lawyers > FAQs > Strata Law > Owners Corporation

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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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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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 want to call a general meeting of the owners corporation. How do I do this?

Schedule 1 of the Strata Schemes Management Act 2015 (NSW) set out how to call a general meeting of the owners corporation. An owner must give written notice to the secretary of the strata committee that sets out the motion they want included, and the secretary must give effect to the requirement. An owner must […]

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I think an Owner has a conflict of interest, can they still vote in a motion?

The NSW Court of Appeal has helpfully said: “The power of a proprietor to vote at general meetings of the body corporate is not fiduciary, and within limits it may be exercised by the proprietor for his or her own benefit.” Houghton v Immer (NO 155) Pty Ltd (1997) 44 NSWLR 46 at   52- 53 (per Handley […]

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