How are levy defaults handled when funding major building repairs?
Page 4 | Lannock Strata Finance
How can owners corporations prepare for repairs to areas they can’t inspect regularly?
Page 16 | QIA Group
Can a strata committee limit a member’s participation before removing them?
Page 36 | Hunter Strata Management
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can lot owners do if the owners corporation refuses to fix a
to choose the right contractor for concrete spalling remediation
What is the correct process for paying a lot owner under an NCAT decision?
Hugh
Does altering the surface finish of common property need special approval? Mark
can owners corporations prepare for repairs to areas they can’t inspect regularly?
Do both owners need to attend an AGM in a two-lot scheme?
Tim Sara, Strata Choice
missteps in remediation
Do term deposits need to be with the strata manager’s bank?
Matthew Faulkner, Matthew Faulkner Accountancy
maintenance responsibility be shifted from the owners corporation to owners?
Do the new strata manager fair contract rules apply to existing agreements?
Julia Moroz, Bugden Allen
Someone’s made an offer to buy my strata management business - what do I do?
What situations allow for the imposition of a special levy in strata?
Sean Bermingham, The Strata Collective
Would a home gym be considered cosmetic, minor or major work?
Jana Antelmann, Strata Life
Can a strata committee limit a member’s participation before removing them?
Nathan Clarke, Hunter Strata Management
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How are levy defaults handled when funding major building repairs?
What happens if owners cannot agree or afford to fund remedial works for concrete cancer?
Our building has significant concrete cancer. Some owners can afford the repairs, but others cannot.
What happens if we cannot get enough votes to approve the spending because the cost is too high? Given the new responsibility to maintain the building, but with insufficient funds to do the work, where would that leave owners?
What happens if we do approve the works, but several owners then default on their levies?
Owners are obligated to pay levies, so, one way or another, they must find the money to pay.
You’ve asked a relatively short question, but it raises a lot of issues.
First, you are correct; the owners corporation has a positive obligation to “repair and maintain” the common property (noting this is not a new obligation — what has changed is that compliance will now be regulated and enforced).
Concrete cancer would fall under the owners corporation’s positive obligation to repair — not doing so is not an option.
Second, you ask what happens if you can’t get a vote to spend money on the repair across the line?
Before answering this question, we’d like to note how often owners corporations conflate
the decision about what repairs to do with the decision of how to pay for the repairs.
It might sound easy for us to say; however, we strongly recommend that these steps be recognised as being different.
If a repair is required, the first step is to understand exactly what repair is necessary. Once that is understood, the cost must be established.
At this point, an owners corporation is in breach of the legislation if it doesn’t vote to undertake the repair. If it doesn’t — for example, the owners vote against it in the general meeting — then any owner can apply to NCAT for an order to have it fixed. Applications to NCAT are not necessarily straightforward, and whilst it’s not necessary to engage lawyers to assist, it’s likely a good idea to do so. We also have the Office of Fair Trading now making clear its intention to step in and do this as well, if necessary.
Along with the obligation to “repair and maintain,” an owners corporation also has an obligation to levy members to obtain the funds to do so. Owners are obligated to pay levies, so they must find the money to pay one way or another. If they don’t, they will be in arrears and the owners corporation can be expected to take action.
An alternative to owners having to find all the money required to fund repairs up front through special levies is for the owners corporation to borrow the funds, and several lenders do this.
Lannock Strata Finance strata@lannock.com.au
Leading the way in strata funding
Lannock Strata Finance has been at the forefront of strata finance for twenty years, pioneering simple and flexible strata funding for strata communities.
As Australia’s leading strata lender, our flexible-use funding is designed exclusively to meet the needs of all strata communities, no matter how large or how small, including:
Building Remediation
Repairs and Maintenance
Upgrades to Common Property
Cladding Rectification
Experience the Lannock difference
Green and Sustainability Projects
Levies in Arrears
Litigation
Insurance Funding
Speak with your local Lannock expert about how we can tailor flexible funding to suit your specific needs.
1300 851 585 | lannock.com.au
What can an OC do if a lot owner repeatedly causes water damage to another lot?
How can the owners corporation recover costs from an owner who repeatedly causes water damage to another lot?
An owner in our building has repeatedly allowed their bath to overflow, causing water damage to the ceiling of the apartment below.
We do not want to keep claiming on the owners corporation insurance because it may increase our excess and premiums.
The alternate course of action is for the owner of the damaged ceiling to seek compensation directly from the responsible lot owner.
There is no obligation for a strata corporation or a lot owner to make a claim on the strata insurance policy for damage caused by another lot owner’s actions. In fact, in cases where the issue is recurring or the claim value is relatively low, it may be more appropriate to pursue recovery directly from the responsible party to avoid potential impacts on the strata insurance premium or excess levels.
In this situation, where water damage has occurred to a ceiling due to a lot owner repeatedly allowing their bath to overflow, the alternate course of action is for the owner of the damaged ceiling (typically the lot owner below) to seek compensation directly from the responsible lot owner, instead of making an insurance claim.
The affected lot owner should write to the lot owner above, clearly setting out:
• The nature of the incident(s) – including dates and how the overflow is believed to have occurred.
• The extent of the damage – such as staining, plaster deterioration, or mould.
• The cost to repair – supported by invoices or quotes from contractors.
• Any other supporting evidence –including photos, witness accounts, or reports from plumbers or building professionals.
Mention this offer when requesting a quote from us, and we will provide a discount off our standard fee for service of $250 (GST Inc) for buildings with 10-25 lots or $500 (GST Inc) for buildings with more than 25 lots for the first year you insure with Strata Insurance Solutions
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• A clear request for reimbursement of the repair costs.
This correspondence should also request a response by a specified date and make clear that, if no compensation is provided, the matter can be escalated to the NSW Civil and Administrative Tribunal (after a mediation process has occurred).
What can lot owners do if the owners corporation refuses to fix a slip hazard?
What steps can lot owners take to require the owners corporation to fix a deteriorating waterproof membrane that has created a slip hazard?
A waterproof membrane applied over tiles on the common property steps and walkway to our apartment entrance has deteriorated, cracked and lifted, and now poses a safety risk. We have reported three slip incidents to the owners corporation manager and raised the matter at committee meetings. Despite this, the committee has not agreed to remediation works.
An engineer carrying out other work at the building undertook a visual inspection at the chairperson’s request and deemed the area compliant. However, this assessment only appeared to address structural adequacy and Building Code requirements, not safety risks. A qualified builder and tiling company have since inspected the area and both identified it as a safety concern. The chairperson rejects that a slip hazard exists and has insisted that no expert report has been provided to demonstrate the hazard.
Given that the membrane continues to deteriorate and poses a slip hazard, what steps can lot owners take to compel the owners corporation to remediate the area and mitigate the risk of injury or potential insurance claims?
Part 10A of the strata legislation, due to take effect this year, gives broad powers to NSW Fair Trading to investigate, monitor and enforce compliance.
Firstly, you should notify your insurer as the owners corporation has a duty of disclosure under its policy (for potential risk and claims).
The owners corporation should be investigating the potential slip hazard as it is strictly liable for defects in the common property. On this basis, you may apply for Mediation, and the matter might settle. Even if it doesn’t, or the owners corporation does not attend, you will be able to make an application for Orders from NCAT (noting that as the Applicant, you will bear the burden of proof and therefore need to provide expert evidence).
Part 10A of the strata legislation, due to take effect this year, gives broad powers to NSW Fair Trading to investigate, monitor and enforce compliance with the owners corporation’s statutory duties to repair, maintain, and if necessary, replace the common property.
It is also highly recommended to engage an expert to assist with drafting the required scope of works and tender process. Your next steps should be calling a General meeting (if the strata committee refuse to deal with the matter) and pass the appropriate resolution to engage a suitably qualified expert to assist with inspecting the subject issue(s), carrying out any exploratory works where required and draft the necessary scope of works to be put out to tender for the consideration by the owners.
How to choose the right contractor for concrete spalling remediation
An engineer’s scope of work to replace waterproofing membranes includes amounts for insurance and DBPA document lodgement. At this stage of the process, how accurate are the amounts mentioned?
Our strata scheme has 33 units in two buildings. The waterproofing membrane on both roofs needs to be replaced. The roofs are a flat concrete structure, and the building was constructed in 1984.
The engineer’s scope of works quoted a $35,000 premium for the HBCF insurance certificate and $20,000 for the lodgement of documents with the DBPA.
How can I check these quotes are reasonable? How do we know the insurance quote is accurate, given we have not yet gone to tender and thus do not have quotes for the repair costs?
These amounts would likely be subject to change depending on the final project or contract cost.
Costs associated with HBCF and lodgement of documents to comply with the DBPA are generally costs dependent on the extent of works and final value.
If an engineer has prepared a scope, it is unlikely these amounts are fixed quotes and are a guide or provisional allowances that would be subject to change depending on the final project or contract cost.
Check the scope of work qualifications or conditions. If they are unclear, ask the engineer how the costs were established.
Often, provisional allowances are included at the higher end to ensure sufficient funds are allowed. However, the final cost will always be determined once tendering occurs.
Therefore, realistically, checking these costs for accuracy can only occur once the project costs are established. Provisional sums for these items are industry standard, based on the uncertainty of final values.
Bruce McKenzie | Sedgwick bruce.mckenzie@au.sedgwick.com
Helping the strata community navigate their building concerns
BUILDING CONSULTANCY
• Defect reports and forensic engineering
• Scope of works
• Dilapidation and risk surveys
• Dispute mediation and expert witness
• Contractor procurement and cost validation
• Construction management
• Capital works funds/maintenance plans
• Digital capability
REPAIR SOLUTIONS
• Emergency make safe
• Fire water damage restoration
• Leak detection
• Contamination response
• Building repairs
• Cost validation services
• Digital capability LOSS ADJUSTING AND CLAIMS MANAGEMENT
• Façade assessments TO LEARN MORE, CONTACT:
1300 735 720 sales@au.sedgwick.com
• Third Party Administration (TPA)
1300 654 599 sales@au.sedgwick.com
What is the correct process for paying a lot owner under an NCAT decision?
How should an owners corporation process a payment ordered by NCAT to a lot owner?
Our owners corporation was involved in an NCAT matter with a lot owner. The tribunal found in favour of the lot owner and ordered the owners corporation to pay them a specified amount.
What is the correct process for making this payment? Should we pay it directly from the owners corporation’s general account, or treat it as a separate special payment that requires specific authorisation?
A special levy needs to be raised for the amount of the costs and levied to all owners, with the exclusion of that owner.
No, the payment cannot be simply paid out of regular funds held in the owners corporation administrative or capital works fund because, in effect, the successful owner would be contributing to the costs in an action that they were successful.
Section 104 of the Strata Schemes Management Act 2015 requires that a special levy be raised for the amount of the costs and levied to all owners, with the exclusion of that owner. Like any levy, the special levy must be passed at a general meeting of the owners.
Does altering the surface finish of common property need special approval?
Does repainting a rendered exterior in acrylic paint require a special resolution?
A committee member has proposed painting the building’s exterior in acrylic paint. The exterior is currently coloured render over brick, so this would not be a like-for-like finish.
Would this change in surface texture require a special resolution?
Changes that alter the appearance or surface of the common property require approval by special resolution at a general meeting.
As the building is currently finished with coloured render over brick, and the proposed works would involve applying acrylic paint (which is not a like-for-like replacement and would alter the surface finish and visual appearance of the common property), this is not considered routine maintenance.
Under Section 108 of the Strata Schemes Management Act 2015 (NSW), changes that alter the appearance or surface of the common property require approval by special resolution at a general meeting. This is because such changes go beyond maintenance and are considered an alteration to common property.
Therefore, in this case, the proposal would need to be:
• Formally included as a motion for a special resolution on the agenda of a general meeting.
• Supported with relevant details (e.g. specifications, sample colours, rationale) for consideration by all owners.
Mark Louis | Vital Strata Management mark@vitalstrata.com.au
How
can owners corporations prepare for repairs to areas they can’t inspect regularly?
How should an owners corporations budget for inaccessible areas like the roof?
We self-manage our small strata scheme. I create spreadsheets that include administration fund expenses, 10-year plan budgets, and capital works fund for our use and to ensure compliance with the Strata Hub.
We’ve recently had roofing problems. The unexpected repairs threw our budget out the window. The roof wasn’t on our radar. How do we budget for areas we can’t access ourselves? Should we organise annual or biannual inspections?
It’s tough to plan for things that you can’t see. Particularly when it comes to things like roofs, underground pipe work, etc. Nevertheless, any maintenance plan and any proposed funding needs to consider those items. It pays to get a roofer up there every few years to have a look around and see what we can’t see.
You can see the paint, you can see the windows, but you can’t see the roof. As part of our maintenance inspection, we conduct a rudimentary site-wide inspection to identify potential problems and suggest solutions for areas that may be overlooked.
If a contractor is attending the site, say fixing the gutter, pay them extra to have a look around the roof while they’re there and give you some advice. Small problems, such as minor leaks, can be an indicator of bigger issues down the track.
It’s really about taking notice. The building ages incrementally, so you think everything’s fine. Somebody else with fresh eyes may say, “Well, that’s not what it’s supposed to be doing right now”.
Marcus Munstermann and Craig Welsh | QIA Group info@qiagroup.com.au
Staying Ahead in Strata: Why Compliance is More Critical Than Ever
As strata communities continue to grow and evolve, so too do the expectations placed on strata managers and owners' corporations to maintain high standards of safety, financial planning, and regulatory compliance. The push for greater transparency and accountability across the sector means proactive strata management is no longer a luxury it's a necessity. One key area of focus is long-term maintenance planning. More strata schemes are recogni sing the importance of robust Capital Works Fund Plans, not only for budgeting purposes but also to future -proof their assets. Alongside this, regular safety inspections, insurance valuations, and asbestos management are becoming the norm to ensure both resident safety and legal peace of mind.
That’s where QIA Group comes in. Since 2005, we’ve provided tailored compliance solutions to strata properties across the country. From expertly prepared maintenance reports and asbestos audits to our clear and actionable safety reports, QIA Group helps clients navigate complex requirements with ease. Our reports are designed to be concise, practical, and instantly useful because we understand the realities of strata management. Don’t wait for issues to arise ensure your properties are compliant and future-ready today. Contact QIA Group to explore our full range of compliance services.
Do both owners need to attend an AGM in a two-lot scheme?
Can an AGM in a two-lot scheme proceed if one or both owners are absent?
In a two-lot scheme, can an AGM proceed if neither owner nor their representative attends? Can the meeting go ahead if only one owner is present?
The NSW Fair Trading website states that, for two-lot schemes, both parties must be present.
For schemes with only two lots, both owners (or their proxies) must be present to form a quorum.
In a two-lot strata scheme, the quorum rules are strict and are set out in Schedule 1 of the Strata Schemes Management Act 2015 (NSW). Clause 17(2) of Schedule 1 states that a quorum for a meeting is achieved if “persons entitled to vote representing not less than one-quarter of the aggregate unit entitlements” are present. However, for schemes with only two lots, this effectively means both owners (or their proxies) must be present to form a quorum, unless the scheme has adopted other quorum arrangements under clause 17(2)(b).
If neither owner (or their appointed proxies) attends, there is no quorum and the meeting cannot proceed. The law does not allow an AGM to be held in their absence, as there is no one present to vote on motions. The only options in this scenario are:
• Adjournment: The meeting must be adjourned and reconvened at a later time. At the reconvened meeting, those present (even if just one lot owner or their proxy) will form a quorum under clause 17(4) of Schedule 1.
• Pre-meeting voting or written resolutions: The owners could consider using premeeting electronic voting or passing resolutions in writing (by unanimous agreement), but this still requires active participation from both owners.
The NSW Fair Trading guidance for twolot schemes reflects these requirements by stating that both parties must be present (or represented) for the meeting to be valid.
Key point: An AGM cannot validly proceed with no attendance at all. The meeting must either be adjourned or rescheduled, or the owners must use alternative resolution methods that comply with the Act.
Tim Sara | Strata Choice tsara@stratachoice.com.au
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Do term deposits need to be with the strata manager’s bank?
Is a term deposit the best option for surplus capital works funds, and can the owners corporation choose a bank?
We have surplus money in our capital works fund and want to invest it. Is a term deposit the best option?
If we decide on a term deposit, do we have to use the same bank that our strata manager uses, or can we choose a different bank and manage the term deposit ourselves?
The short answer is term deposits.
The short answer is term deposits.
To explain why, we start with the Strata Management Act 2015, where the investment of strata funds is dealt with very vaguely in Section 75(1)
1. An owners corporation may invest any money in its administrative fund or capital works fund in any manner permitted by law for the investment of trust funds or in any investment prescribed by the regulations.
Could “Any manner permitted by the law” be any vaguer? And the strata regulations say nothing.
So we then refer to the Act governing strata agents and the management of trust accounts generally, Section 82(1c) of the Property and Stock Agents Act 2002
“Trust money to be paid into trust account… until so paid or disbursed is to be paid into and retained in a trust account (whether general or separate) at an authorised deposit-taking institution in New South Wales and approved by the Secretary for the purposes of this Part.”
Key bit is “authorised deposit-taking institution in New South Wales”. And within that its ‘deposit taking’ entities, which rules out shares and managed funds and cryto, etc. This also rules out investments overseas, even with a bank.
You don’t have to arrange the term deposit with the same bank as the strata agent. The list of ADIs held by APRA is essentially a list of banks and credit unions. Banks and credit unions offer only term deposits as investment options. You can either instruct the agent or arrange the term deposit yourself.
Matthew Faulkner | Matthew Faulkner Accountancy PTY LTD matt@mattfaulkner.accountants
Can maintenance responsibility be shifted from the owners corporation to owners?
Who is responsible for painting and replacing the mesh in a fly screen door, and can the owners corporation transfer this responsibility to owners?
Our six-villa strata plan was registered in 1999. Who is responsible for painting the fly screen door and replacing the mesh? I believe it is the owners corporation’s responsibility, but the chairperson and secretary believe it is the owner’s responsibility.
If the owners corporation wants to transfer this responsibility to owners, can it only be done by passing a special resolution?
The only way to change the owners corporation’s responsibility is to pass a valid special resolution, obtain the written consent of the affected lot owner, and register a by-law transferring that responsibility to the lot owner.
Under the Strata Schemes Management Act 2015 (NSW), the default position is that anything forming part of the common property boundary between a lot and the outside — such as an original front door and its attached screen door — is maintained by the owners corporation, unless a valid by-law transfers that responsibility to the lot owner
A few important points:
• A meeting vote alone does not change the law. To shift responsibility from the owners corporation to a lot owner, the scheme must both:
• pass a special resolution at a general meeting; and
• register a by-law with NSW Land Registry Services.
• Special resolution test: a special resolution passes if no more than 25% of unit entitlements vote against. If 25% or more vote against, the resolution fails.
• If the resolution fails: the default statutory position continues to apply — the owners corporation remains responsible.
• If the resolution passes but no by-law is registered: the change is not effective for any owner, including the current one. Responsibility remains with the owners corporation until a registered by-law is in place.
• The affected lot owner must also consent in writing to the making of that by-law (section 143(1) of the Act). Without their written consent, the by-law cannot be validly made.
In short:
• If half the meeting votes against the proposal, the special resolution fails, and responsibility remains with the owners corporation.
• The only way to “vote out” the owners corporation’s responsibility is to pass a valid special resolution, obtain the written consent of the affected lot owner, and register a by-law transferring that responsibility to the lot owner.
Tim Sara | Strata Choice tsara@stratachoice.com.au
Do the new strata manager fair contract rules apply to existing agreements?
Do the new strata manager contract rules apply only to new agency agreements, or do they also affect existing contracts?
Recent legislative changes introduced new contract rules for strata managers. Our current managing agency agreement has 12 months remaining. We want to deal directly with an insurance broker, so the clause about insurance commissions is important to us. Do the new rules apply only to agreements signed after the changes, or do they also apply to our existing agreement for the remaining term?
Existing contracts continue under their original terms until they expire, unless both parties agree to amend or terminate early.
Yes, the new unfair contract rules introduced by the Strata Schemes Legislation Amendment Act 2025 (NSW) only apply to new or renewed agency agreements made after the reforms commence. Existing contracts (like yours, with 12 months remaining) continue under their original terms until they expire, unless both parties agree to amend or terminate early.
Julia Moroz | Bugden Allen julia@bagl.com.au
What situations allow for the imposition of a special levy in strata?
Under what circumstances can a special levy be imposed? I see that section 81(4) of the Strata Schemes Management Act 2015 allows for special levies, but are there any other circumstances?
Other parts of the Act may indirectly require additional contributions.
Section 81(4) of the Strata Schemes Management Act 2015 provides that: If the owners corporation is subsequently faced with other expenses it cannot at once meet from either fund, it must levy on each owner of a lot in the strata scheme a contribution to the administrative fund or capital works fund, determined at a general meeting of the owners corporation, in order to meet the expenses.
Under this section, a special levy must:
• Be determined by an ordinary resolution passed at a duly convened general meeting of the owners corporation.
• Be approved by a majority of owners present and entitled to vote.
• And is not imposed unilaterally by the strata committee or strata manager.
The agenda for the general meeting must include:
• The proposed motion to raise the special levy, including the amount and number of instalments and when to be paid.
• An explanation of the purpose and necessity of the levy.
The strata committee, with the assistance of the strata manager, should ensure they give owners clear reasons for the proposed levy in the meeting notice so they can make an informed decision when voting.
While Section 81(4) is the primary provision allowing for special levies, other parts of the Act may indirectly require additional contributions, for example, where orders from NCAT, court judgments, or statutory notices from government authorities require urgent or unbudgeted expenditure. In such cases, the funding mechanism still operates through a resolution under Section 81, but the trigger for the expense comes from these other obligations.
In practice, special levies are most commonly required when:
• The annual budget has underestimated the funds needed for day-to-day operations.
• Unexpected or urgent repairs or remedial works arise that exceed available funds.
For this reason, it is important that owners attend meetings, review the agenda carefully, and participate in voting to ensure the scheme’s financial obligations are met responsibly.
Sean Bermingham | The Strata Collective info@thestratacollective.com.au
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Would a home gym be considered cosmetic, minor or major work?
Do owners need owners corporation approval to install a home gym in their apartment?
The owner should consider how the noise from the use of the equipment may affect the residents in the surrounding units.
The answer to this question is not easy without having more details about the home gym. If the gym is only a rowing machine and a stationary bike, for instance, then no approvals are required. However, the owner should consider how the noise from the use of the equipment may affect the residents in the surrounding units.
Without knowing the extent of the renovations required to install a home gym, we must consider the different categories of renovations as defined under the Strata Schemes Management Act 2015 (NSW):
• Cosmetic work – no approval required. (Section 109)
• Minor renovations – require approval from the owners corporation or strata committee. (Section 110)
• Major renovations – require a special resolution of the owners corporation and the registration of a bylaw on title. (Section 108)
Cosmetic work includes tasks such as painting, installing blinds, laying carpet or hanging picture hooks. It does not include structural alterations, changes to waterproofing or work involving common services.
Would a home gym be considered cosmetic, minor or major work?
Installing a home gym typically involves:
• Anchoring or securing equipment to walls, floors, or ceilings;
• Potential noise and vibration issues;
• Possible connection to common property services (e.g., additional power circuits);
• Structural considerations where mounting or modifications to fixtures are required.
These elements generally go beyond cosmetic work. While such an installation may not always constitute a major renovation, it will typically fall under the category of minor renovations. However, if structural changes or interference with waterproofing or common property are involved, it may be classified as a major renovation.
What Approvals Are Needed?
a. Check your scheme’s bylaws first
Bylaws differ from scheme to scheme and may define what qualifies as a “minor renovation” or what restrictions apply (e.g. noise levels, hours of use) as well as delegating authority to the strata committee to approve minor renovations.
b. Submit a detailed application
If the proposed installation is a minor renovation, a written application is required. This should typically include:
• Detailed plans or layout of the gym setup,
• Equipment specifications and mounting/ anchoring details,
• Noise and vibration mitigation measures,
• Proof of licensed installer/insurer credentials,
• Possibly an engineering certification if attachments rely on the structure.
Approval may be granted by:
• The strata committee (if a bylaw delegates authority), or
• The owners corporation, at a general meeting by ordinary resolution (50%+ vote)
c. If classified as major renovation
If any part of your installation affects structure, waterproof membranes, or common property, a major renovation assessment is needed. That requires:
• A special resolution (no more than 25% of the votes cast (based on unit entitlement) to be against the resolution) at a meeting of the owners corporation,
• A custom bylaw granting renovation rights, and
• Registration on title through Land Registry Services
Risks of Proceeding Without Approval
If an owner proceeds without obtaining the necessary approvals, the owners corporation may:
• Issue a notice to remove or rectify the unauthorised works,
• Recover costs from the lot owner for restoration or damages, and
• Pursue action through NCAT (NSW Civil and Administrative Tribunal).
Jana Antelmann | Strata Life jana@thestratalife.com.au
Can
a strata committee limit a member’s participation before removing them?
Can a strata committee exclude a member from meetings and use a paper vote until we remove them?
In our over-55s strata, a committee member has behaved so badly that the remaining members no longer wish to deal with them. Can the executive committee hold meetings without this member? Can we conduct voting by paper so that we avoid personal contact until we can hold a General Meeting to remove them?
As a member of the strata committee, this owner has the right to be invited, attend and vote at strata committee meetings.
As a member of the strata committee, this owner has the right to be invited, attend and vote at strata committee meetings. In lieu of holding a General Meeting to have the member removed, as long as this person is not the secretary, call a meeting to vote in writing. Schedule 2, section 10.1 of the Strata Schemes Management Act 2015 outlines the way people can vote at a committee meeting, being either (a) in person or (b) if another means has been specified in the notice, by the other means.
In essence, if the notice specifies that the meeting is held via voting paper only, then the meeting is held in this format. Just be aware
that if you determine the meeting is held via voting paper only, there can be no in-person meeting or in-person voting taking place.