[Chris Kerin @ Teys]

Hi Cameron

In order to advise on whether roof space owned by you, you will need to review the strata plan.

Further, information regarding the installation of any items on the roof since registration of the strata plan is required.

Chris Kerin

Senior Lawyer
———————————-
TEYS Lawyers
The Strata Law Experts
02 9562 6500
1300 TEYSLAWYERS
Suite 73, Lower Deck
Jones Bay Wharf
26-32 Pirrama Rd
Pyrmont NSW 2009
 

[Chris Kerin @ Teys]

Hi Uncle Jamal

The answer to your question is, no. A concerned owner cannot compel an independent inspection. You will need to get the OC to change it’s mind.

Regards

Chris Kerin

Senior Lawyer
———————————-
TEYS Lawyers
The Strata Law Experts
02 9562 6500
1300 TEYSLAWYERS
Suite 73, Lower Deck
Jones Bay Wharf
26-32 Pirrama Rd
Pyrmont NSW 2009
 

[Chris Kerin @ Teys]

Hi Bpositive

The Trees (Disputes Between Neighbours) Act 2006 applies only to trees situated on any land within a zone designated “residential”, … under an environmental planning legislation. Therefore, it applies to trees on land occupied by strata schemes.

Having reviewed the Act, section 5 states:

“No action may be brought in nuisance as a result of damage caused by a tree to which Part 2 applies or as a result of an obstruction of sunlight to the window of a dwelling, or of a view from a dwelling, caused by trees to which Part 2A applies.”

Therefore, please ignore my advice on the issue of nuisance. However, negligence and trespass may still be available as causes of action.

This Act was amended in the second half of 2010 to explicitly include hedges (in addition to trees).

However, the Act is not relevant in this situation as the hedges are on common property. Therefore, the owners corporation can resolve to remove the hedges if it so wishes.

Regards

Chris Kerin

Senior Lawyer

---

TEYS Lawyers
The Strata Law Experts
02 9562 6500
1300 TEYSLAWYERS
Suite 73, Lower Deck
Jones Bay Wharf
26-32 Pirrama Rd
Pyrmont NSW 2009

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[Chris Kerin @ Teys]

Hi Wombat

 

Jimmy is correct. Section 10(8) of the Schedule 2 of the Strata Schemes Management Act has this effect.

 

I add one more item. Where a matter requires a unanimous resolution, the vote of the unfinancial person should be counted even though the person entitled to vote is unfinancial.

 

Regards

 

Chris Kerin

Senior Lawyer
———————————-
TEYS Lawyers
The Strata Law Experts
02 9562 6500
1300 TEYSLAWYERS
Suite 73, Lower Deck
Jones Bay Wharf
26-32 Pirrama Rd
Pyrmont NSW 2009
 

[Chris Kerin @ Teys]

Hi Griffgra

Billen Ben is broadly correct in his or her approach.

The costs lost via the special by law would probably negligible compared to the cost of seeking to recover those costs.

A couple of things are unclear and seem to be central to the contentions of the solicitor for the new owner. That is, how much of the car park is common property and how much is lot property? ( you indicate that a portion of this carspace was common property). I think a more accurate description of what exactly is happening is required before the threat of the owner’s solicitor can be evaluated and the application of s. 158 of the SSMA be reviewed.

As this is becoming a fairly involved issue, I suggest you seek the advice of the solicitor engaged on this point and the most commercial solution available.

Regards

 

Chris Kerin

Senior Lawyer
———————————-
TEYS Lawyers, The Strata Law Experts, 02 9562 6500
1300 TEYSLAWYERS, Suite 73, Lower Deck, Jones Bay Wharf
26-32 Pirrama Rd, Pyrmont NSW 2009

[Chris Kerin @ Teys]

Hi bpositive

The issue is, where are the hedges? 

The lot owner is not entitled to plant hedges on common property unless written approval of the owners corporation is first obtained. This is because planting hedges could be regarded as carrying out works involving common property.

There is also the possibility that the owner has committed the tort of nuisance, although further details would be required before further advice on this can be provided.

Regards

Chris Kerin

Senior Lawyer
———————————-
TEYS Lawyers
The Strata Law Experts
02 9562 6500
1300 TEYSLAWYERS
Suite 73, Lower Deck
Jones Bay Wharf
26-32 Pirrama Rd
Pyrmont NSW 2009
 

[Chris Kerin @ Teys]

Hi Andykaye

Section 108 of the Strata Schemes Management Act relates to the inspection of records of owners corporations and states:

“(1) Who may inspect records? An owner, mortgagee or covenant chargee of a lot, or a person authorised by the owner, mortgagee or covenant chargee, may request the owners corporation to allow an inspection to be carried out under this section.

(2) Form of request The request must be in writing and be accompanied by the fee prescribed by the regulations.

(3) Items to be made available for inspection The owners corporation must make the following items available for inspection by the person who makes the request or the person’s agent:

(a) the strata roll,

(b) any records or documents required to be kept under Division 2,

(c) the plans, specifications, certificates, diagrams and other documents required to be delivered to the owners corporation at its first annual general meeting by the original owner or lessor,

(d) if in its custody or under its control, the certificate of title comprising the common property or, in the case of a leasehold strata scheme, the certificate of title for the lease of the common property,

(e) the last financial statements prepared,

(f) every current policy of insurance taken out by the owners corporation and the receipt for the premium last paid for each such policy,

(g) any other record or document in the custody or under the control of the owners corporation,

(h) if the duties of the owners corporation under this subsection have been delegated to a strata managing agent, such other records (including records of the strata managing agent) relating to the strata scheme as may be prescribed by the regulations,

(i) if a caretaker agreement is in force or has been entered into but has not yet commenced, a copy of the caretaker agreement.“

There are two categories that the advice might fall under which would enable you to argue that the advice should be released. They are:

(a) s. 104(c) of the Strata Schemes Management Act (which is in Division 2) states “copies of correspondence received and sent by the owners corporation” (see s. 108(3)(b) of the Strata Schemes Management Act); and

(b) s. 108(3)(g) of the Strata Schemes Management Act (see above) which states “any other record or document in the custody or under the control of the owners corporation”.

Let me know if you have any questions.

Regards

Chris Kerin, Senior Lawyer
———————————-
TEYS Lawyers, The Strata Law Experts
02 9562 6500, Suite 73, Lower Deck
Jones Bay Wharf, 26-32 Pirrama Rd
Pyrmont NSW 2009

Don't miss our next webinar: How To Make Your Apartments Last As Long As You Do. Register HERE now

[Chris Kerin @ Teys]

Hi buyahousenexttime

There are a couple of aspects to this.

Firstly, the builder is required to build in accordance with the contract with the OC. If the OC has included sufficient detail regarding matching, then the builder is required to match. This may come down to interpretation.

If insufficient detail has been provided and the contract has been entered, then the OC could request a variation to the contract to specifically match the materials (generally builders, to get the job, will price undetailed materials at the most basic price. If there is no mention of matching and the materials to be matched are expensive, generally the builder need only use basic replacement material). This will almost certainly involve an additional cost to the amount agreed between the OC and the builder to complete the work. The next question is, who should pay the cost of this variation?

It will be either you or the OC. The answer to this depends upon the following.

Depending upon the cost of the rectification work, the OC should have held an EGM to obtain the authority required to enter into the building contract for the rectification work. Was the OC required to include the matching of materials in the specification with the contract? Only if the OC was advised of this requirement at the EGM and a resolution was passed addressing this issue, was the OC responsible for this level of detail. 

Let me know if you have any questions.

Regards

 

Chris Kerin

Senior Lawyer
———————————-
TEYS Lawyers
The Strata Law Experts
02 9562 6500
Suite 73, Lower Deck
Jones Bay Wharf
26-32 Pirrama Rd
Pyrmont NSW 2009
Don’t miss our next monthly webinar: How To Make Your Apartments
Last As Long As You Do Register HERE now

[Chris Kerin @ Teys]

Hi 

You can swap properties by competing a transfer for each and having them registered the usual way . You have to pay duty on the true worth of the property however that sum is paid ie by a mix of cash and property. If you write it down to save duty you will commit an offense and will be liable to fines and penalties not to mention criminal charges for making a false declaration.

Regards

Chris Kerin

Senior Lawyer

---

TEYS Lawyers
The Strata Law Experts
02 9562 6500
Suite 73, Lower Deck
Jones Bay Wharf
26-32 Pirrama Rd
Pyrmont NSW 2009

Don't miss our next 
monthly webinar:
How To Make Your Apartments 
Last As Long As You Do
Register HERE now

[Chris Kerin @ Teys]

Hi Alanp

There is a threshold issue. Is the AC unit lot or common property?

If common property, then the OC was required to fix it if it was defective.

If lot property and the AC unit repairs can be categorised as loss incurred by you arising from a failure of the OC to maintain or repair common property, then the OC was responsible for the cost of repair.

If lot property and the AC unit repairs cannot be so categorised, then you are liable for the repair of the AC unit.

Let me know if you have any questions.

Regards

Chris Kerin
Senior Lawyer

---

TEYS Lawyers
The Strata Law Experts
02 9562 6500
Suite 73, Lower Deck
Jones Bay Wharf
26-32 Pirrama Rd
Pyrmont NSW 2009

Don't miss our next 
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Death On The Common 
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[Chris Kerin @ Teys]

Hi Dee

Broadly speaking, owners corporations are required to estimate the moneys required to meet the expenses of the administrative and sinking funds. The total amount required by each of the funds is then divided by the aggregate unit entitlement of the strata scheme. This amount is the contribution each owner must make for each unit entitlement the owner has (section 78(2) of the Strata Schemes Management Act). This approach cannot be varied even if there is a unanimous resolution to alter this provision although there are some very limited exceptions to section 78(2).

In the event that an owners corporation seeks to determine fees in accordance with some other criteria, you may be able to obtain an order from an adjudicator rendering invalid such a fee (section 138 of the Strata Schemes Management Act).

Finally, section 75 of the Strata Schemes Management Act states that the executive committee has no power to decide the contribution payable by each owner for the administrative or sinking fund (ie the power resides in the owners corporation as a whole).

The above process applies whether you mean fees for the administrative fund or sinking fund or special levies.

Let me know if you have any questions.

Regards

Chris Kerin
Senior Lawyer

---

TEYS Lawyers
The Strata Law Experts
02 9562 6500
Suite 73, Lower Deck
Jones Bay Wharf
26-32 Pirrama Rd
Pyrmont NSW 2009

Don't miss our next 
monthly webinar:
Death On The Common 
Property – Who's Guilty
Register here now

 

[Chris Kerin @ Teys]

Hi GB2011

Thanks for your response.

Unfortunately, in order to properly respond to your questions, considerable time would be required for which we would need to charge a fee.

Please let me know if you wish to engage me to provide answers to your questions.

Regards

 

Chris Kerin
Senior Lawyer

---

TEYS Lawyers
The Strata Law Experts
02 9562 6500
Suite 73, Lower Deck
Jones Bay Wharf
26-32 Pirrama Rd
Pyrmont NSW 2009

Don't miss our next 
monthly webinar:
Death On The Common 
Property – Who's Guilty
Register here now

[Chris Kerin @ Teys]

Hi Struggler

 

The problem you describe can best be addressed by the executive committee communicating to individual lot owners the responsibilities which the owners corporation has to maintain common property. The EC should make it clear that this is a responsibility which ultimately each lot owner is financially responsible for.

Unfortunately, disfunctional complexes which are not well run and which do not communicate properly can be a great source of heartache.

Regards

 

Chris Kerin
Senior Lawyer
———————————-

[Chris Kerin @ Teys]

Hi Jaybee

 

The only thing I'd add to the above is that common property can extend to items that you might ordinarily think are lot property.

 

For example, the original floorboards and flooring are common property. Ceramic tiles originally affixed to common property walls, floors or ceilings at the time of registration of the plan are common property. Skirting boards and architraves on common walls are common property. Ceiling cornices on common walls are common property.

 

Any dealing with these items (eg putting nails into, sanding, etc) will require the permission of the owners corporation.

 

Let me know if you have any questions.

 

Regards

 

Chris Kerin
Senior Lawyer

---

TEYS Lawyers
The Strata Law Experts
02 9562 6500
Suite 73, Lower Deck
Jones Bay Wharf
26-32 Pirrama Rd
Pyrmont NSW 2009

Don't miss our next 
monthly webinar:
Death On The Common 
Property – Who's Guilty

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