RESOURCES
FAQ
Asbestos can be a problem in older buildings built up until say 1990 but can also be an issue in newer buildings if there is some old infrastructure still onsite.
To minimise risk to owners, contractors and visitors owners corporations can obtain an Asbestos Report to check for the presence of any Asbestos.
Asbestos is a harmful material and the report can provide a register and management plan if asbestos is found.
If no asbestos was found the register is still valuable as it simply confirms there’s no asbestos.
From January 2018 developers of new residential strata buildings (4 storeys and higher) are required to pay a building bond to NSW Fair Trading equal to 2% of the building contract price.
This building bond may be used to fix defects identified during the Strata Building Bond & Inspection Scheme (SBBIS) building inspections. If not needed, the bond is returned to the developer.
The process is managed by Fair Trading and NSW Planning Portal depending on when the project was registered.
There is a long process of reports with the first inspection within 15 – 18 months of completion and the whole process to be completed within 3 years of completion of the building work.
All costs associated with a building inspector for these reports are to be paid for by the developer.
In most plans the external walls, the floors, roofs and ceilings of a building will be common property. In some cases the developer may request a plan where the building standing on each lot forms part of the lot and is not common property. These strata plans are commonly known as Cubic Strata Plans or Buildings Forming Part of a Lot.
How do I tell if my strata property is a Cubic Strata Plan?
The floor plan will be different from a normal plan in the following ways:
- The walls will be shown by thick broken lines unless they form a lot boundary.
- There will be only one floor plan regardless of the number of levels in the building.
- The floor plan will represent the perimeter walls of the building at ground level.
- The floor plan will include a note indicating that ‘The structure of the building standing on each lot, including walls, floors, ceilings and roofs, forms part of the lot and is not common property.’
Who’s responsible for repairs?
In these circumstances each lot owner is generally responsible to repair and maintain their own dwelling (similar to a Torrens title house) and the common property may be limited to primarily the driveway, boundary fences and common service lines between the units.
The strata plan and by-laws need to be reviewed to determine who is responsible for repairs and maintenance.
How is this different from a ‘standard’ strata property?
The owners corporation is responsible for maintenance and repair of common property – each owner repairs anything in their own property. In a Cubic Strata plan the common property is limited meaning there is more responsibility on the individual owners rather than the owners corporation to repair and maintain.
If you are unsure who should make a repair, check your strata plan and by-laws (or ask your strata committee or Community Manager).
Certain types of cladding can burn rapidly if it catches alight with the potential for fire to spread via the external areas of the building. These products can ignite easily and melt at relatively low temperatures.
If there is cladding on your strata building it is likely that the strata scheme has already obtained a report to identify if the cladding is classified as combustible and replacement is required.
If a report has not been completed it is recommended that one be arranged as soon as possible.
It is important to note that the presence of external combustible cladding on a building does not necessarily mean it is a fire hazard. It depends on where the cladding has been applied and the building’s overall fire safety measures.
Typically the strata insurance is paid as part of your levies and you can expect strata insurance to cover:
- Providing cover to the building and other common areas within the strata property.
- Common property including gardens, lobbies, car parks, pools and stairwell.
- Common contents such as shared outdoor furniture and gym equipment.
- Public liability insurance that covers common property.
As an owner you’ll need to consider taking out your insurance for your contents, landlords insurance if renting the unit out and any other insurance you deem appropriate.
NOTE
This is information of course is general in nature and not specific to you or your situation. You need to consider your individual strata scheme and circumstances.
Each owner has one vote for each lot they own. If someone has outstanding strata fees owing they are considered un-financial and cannot vote unless an unanimous resolution is needed.
Most decisions can be made by a simple majority vote (more than 50 percent). A poll can be called for regardless of the vote. In a poll vote, votes are worked out by counting the unit entitlements.
At Salt Strata, we work with strata committees (or at least the Treasurer) to get involved, and work out a budget for the strata scheme. From there each owner is levied their amount based on their ‘unit entitlement’.
To work out a strata scheme’s budget a cost plus approach is taken for the Administrative fund. This means that the strata manager looks at all of the expected costs in the year, perhaps add a contingency, then the levies are set to raise that amount.
For the Capital works fund generally there will be a Capital works fund plan, like a capital expenditure schedule, guiding how much to raise into that fund each year.
The owners corporation decides the budget and the due dates at each annual general meeting.
Low levies are not necessarily a good thing. Ideally a strata scheme should be raising sufficient funds into the Administrative fund to cover the recurring expenses each year plus keeping the Capital Works Fund balance in line with the recommendations in their Capital Works Fund plan.
Owners corporations can remove managers if the job is not being done properly, but there is a process to follow.
First you’ll need to check your existing strata management contract for the expiration date and how you can end it.
Review proposals from new strata management companies and have if you can get your committee to agree on a company to recommend that all owners vote for at a meeting.
Next up call a meeting to terminate the current strata manager. Usually this is done at an AGM however an EGM can also be called. A motion will need to be passed at the general meeting to terminate the existing manager and appoint the new manager.
Once the outgoing strata manager has been formally advised of the new managers appointment they will begin the transfer process.
If you are interested in Salt Strata managing your scheme please get in touch.
If you are an owner ask your strata manager for their details or check the last annual general meeting minutes. The committee are appointed at each annual general meeting (AGM) so their names will be noted in the minutes.
Alternatively if your strata scheme has a notice board check on there or if that fails take a walk around your complex and ask some of the owner-occupiers.
Unit entitlement is a number that shows an owners share of ownership in common property and how much they’ll pay to maintain it. It also affects voting power in decisions the owners corporation makes.
When a developer registers a strata plan, each lot is given a unit entitlement. Many people believe that unit entitlement is based on the size of the lot, but it’s not necessarily the case.
In November 2016 legislation changed and a valuers certificate is now required to be submitted with the plan showing how the unit entitlement was calculated.
If a strata plan was registered before November 2016 a valuation may not have been obtained the the calculation of the entitlements may not be known.
As an example, if there are two lots in a strata scheme, each worth $500,000, then the unit entitlement for each lot would be 50 out of 100. If one was worth $600,000 and the other $400,000 then the unit entitlements would be 60 for one and 40 the other.
If an owner or the owners corporation believes the unit entitlements are unfair they can apply to NSW Civil and Administrative Tribunal (NCAT) to make an order to reallocate the unit entitlements of the scheme.
Most motions at meetings require a majority vote which is known as a general resolution.
For a general resolution each owner has one vote per property they own. Over 50% of people must vote for the motion for it to pass. These votes are also called a ‘simple majority vote’ and do not use unit entitlement.
A special resolution is a vote by unit entitlement. For it to pass, no more than 25% of the votes can be against the proposal. You’ll most likely only see a special resolution to change by-laws.
A unanimous resolution is where everyone must vote for the proposal for it to pass.
Unanimous resolutions are only used is a limited range of circumstances for some 2 lot scheme restrictions and winding up strata schemes.
Strata managers help with the day-to-day running of a strata scheme and are usually appointed at annual general meetings.
To appoint a strata manager, the owners corporation needs a majority vote at the annual general meeting (AGM). If owners cannot wait for an AGM, they can request an extraordinary general meeting (EGM).
Important decisions are made at strata meetings, especially the annual general meeting.
As an owner it is important to understand and get involved so you can have a say on issues that affect how you live as a group. The owners corporation must have at least one meeting every year, called an annual general meeting (AGM).
AGMs important because this is where you discuss how your complex is running, and make decisions on how it’s going to run over the year ahead.
You’ll decide the budget, and therefore how much everyone will pay in levies, potentially approve quotes for major works and special levies and appoint a committee to help run the scheme during the year.
General meetings are called when the owners need to come together to make a decision that can’t wait for the next AGM. They are usually to address a single issue. Smaller issues are usually delegated to the strata committee to handle during the year.
Learn about the different types of strata meetings and the required notice periods to call a meeting.
Annual General Meeting | Extraordinary General Meeting | Inaugural General Meeting
Notice Period – All Owners By Email*
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- Emailed at least 7 days beforehand.
Notice Period – If at Least One Owner Requires Post
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- 7 days + 7 business days for postage. This means:
- Date of posting
- 7 business days for delivery
- Then 7 days notice
- 7 days + 7 business days for postage. This means:
First Annual General Meeting
Notice Period – All Owners By Email*
-
- Emailed at least 14 days beforehand.
Notice Period – If at Least One Owner Requires Post
-
- 14 days + 7 business days for postage. This means:
- Date of posting
- 7 business days for delivery
- Then 14 days notice
- 14 days + 7 business days for postage. This means:
Strata Committee Meeting
Notice Period – All Owners By Email*
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- Notify every owner at least 3 days beforehand by displaying on the noticeboard.
Notice Period – If at Least One Owner Requires Post
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- If there isn’t a notice board, or if the scheme is a large one, the notice must be given to each owner and strata committee member. This means:
- Date of posting
- 7 business days for delivery
- Then 3 days notice
- If there isn’t a notice board, or if the scheme is a large one, the notice must be given to each owner and strata committee member. This means:
References
- Section 76 of the Interpretation Act 1987 notes the timeframe within which a document sent by post will be deemed served which is 7 business days.
- Strata Schemes Management Act 2015
- *If notices are being sent by email, the strata manager must ensure that lot owners have accepted service through email.
The information here is general and specific to strata schemes in NSW as at February 2023.
Unauthorised installation of hard-surface flooring in units can result in disputes between owners and owners corporations.
If you are thinking about replacing carpet with timber, vinyl or hybrid floor coverings you should first review your by-laws and consider where issues may arise such as concerns about increased noise travelling to neighbouring units.
An owner should apply for permission from their strata scheme before starting any work. The installation or replacement of wood or other hard floors is defined as a minor renovation therefore you may need approval at a general meeting if the committee have not been delegated the power to approval.
To put yourself in the best position for a quick approval you should write to the strata manager noting;
- The type of material and where it is proposed to be installed.
- Details of the work duration, times and who is doing it including arrangements to remove rubbish.
- Your strata scheme may require additional information such as the product specification sheet or an acoustic engineer’s report.
If you’re unsure whether you are able to install floating timber boards in your property, check your strata scheme’s by-laws or ask your strata manager for more information.
Before you get started it’s important to check if you need strata permission for your kitchen renovation. Depending on what you are doing you may need permission from either the strata committee (if they have been delegated that authority) or at a general meeting.
Generally speaking, you can update your cabinets and bench tops without gaining approval from your owners corporation. Anything more substantial such as changing the location of pipes if on a common wall or the tiles on the floor will require approval.
You’d be best to put your plans in an email to the strata manager and request they advise of the process to follow.
If you’re unsure whether you are able to carry out a kitchen renovation in your property, check your strata scheme’s by-laws or ask your strata manager for more information.
The type of approval you need depends on what classification is given to the work you are doing.
Cosmetic work – Doesn’t need approval
Cosmetic work can’t change the outside of a property or affect things like structure and waterproofing.
You are generally allowed to:
- paint the interior & fill minor holes and cracks in internal walls
- install or replace blinds and curtains
- lay carpet
- install hooks, nails or screws for hanging paintings etc
- install or replace handrails
- install or replace built-in wardrobes.
Strata schemes scheme can add more types of work to the list of cosmetic work through a by-law.
Each strata scheme is different and you need to check the by-laws before you start renovating so you know what approvals are needed and how to get them.
The type of approval you need depends on what classification is given to the work you are doing.
Minor renovations – Need approval often from the strata committee
Many schemes give the approval power to the strata committee otherwise approval will require a vote at a general meeting.
If the committee does not have the power to approve minor renovations, you’ll need to ask for approval at a general meeting. If you can’t wait until the next AGM an EGM may be required and the strata manager may ask you to pay for this.
Minor renovations include work to:
- renovate a kitchen, including flooring
- change internal walls
- install or replace flooring, such as hardwood or tiles, as well as removing carpets to expose the flooring underneath
- change recessed light fittings
- install or replace wiring, cabling, power, or access points
- install a rainwater tank, reverse cycle air conditioner or clothesline
- install double or triple glazed windows
- install ceiling insulation or heat pump
- Strata schemes can pass a by-law to add other types of work to the list of minor renovations.
Minor renovations can’t involve:
- structural changes or changes to a property’s outside appearance
- anything affecting waterproofing (for example bathroom renovations).
Each strata scheme is different and you need to check the by-laws before you start renovating so you know what approvals are needed and how to get them.
The type of approval you need depends on what classification is given to the work you are doing.
Major renovations – Approval required and likely a by-law
Major renovations need a special resolution vote at an annual general meeting (AGM) or other general meeting. This means no more than 25% of the votes cast are against it, based on unit entitlement.
The strata committee can’t approve major renovations.
Major renovations include:
- structural changes (for example, moving a structural internal wall).
- waterproofing such as bathroom renovations.
- changes affecting the outside appearance of the property, such as an access ramp.
- work that needs approval under other laws (for example, council approval).
- changes to the ceiling or making a false ceiling.
If your work changes the structure of a lot (for example, removing a wall or installing ducted air conditioning), you must also give the owners corporation at least 14 days’ written notice before the work starts.
Your notice should describe how your renovations will change the property structure.
Each strata scheme is different and you need to check the by-laws before you start renovating so you know what approvals are needed and how to get them.
You’ll need permission to do a kitchen or bathroom renovation. You’ll also need permission to change the walls, floors, or ceilings.
Each strata scheme is different and you need to check the by-laws before you start renovating so you know what approvals are needed and how to get them.
If you don’t follow the correct process, you risk having to pay money to put the property back to how it was before you renovated it.
Many owners corporations update their by-laws to make the process of requesting approvals quicker and easier. For example:
- an owners corporation creates a by-law that adds a range of items to the list it considers ‘cosmetic’, meaning owners don’t need to seek approval each time.
- the owners corporation creates a by-law that allows the strata committee to make all decisions on ‘minor’ renovations, rather than going to the full meeting of the owners corporation.
All strata schemes have a set of by-laws (rules) that owners, occupiers and, in some cases, visitors must follow.
By-laws cover issues such as whether or not pets are permitted on the scheme, how smoking is regulated, parking, noise, and the conduct of residents and visitors.
Depending on the circumstances tenants may be able to attend strata meetings.
In strata properties where at least half of the lots are tenanted, tenants can also elect a representative to sit on the strata committee.
They must get permission before they can speak at the meeting and might be asked to leave when financial matters are discussed. A tenant cannot vote unless they are an authorised proxy.
The tenant representative on a strata committee cannot be counted in determining whether there is a quorum of the committee.
All owners are charged a levy (sometimes called a ’contribution’ or ’fee’) most commonly due quarterly.
Levies pay for a range of costs that keep your complex (scheme) running smoothly and in good condition, such as:
- maintenance and repairs to the building/s and common property.
- insurance.
- administration costs (for example, management fees & insurance).
- utilities to any common areas (electricity to run elevators or lighting).
- Saving for future repairs and maintenance (Capital works fund).
Levies are decided at each AGM by majority vote from the owners. You’ll see a budget and from there your share of the levies are calculated.
The 10 year plan – Planning for something big.
Your strata scheme needs to make a 10-year plan of expected major work that will be paid with the capital works fund.
The Capital works fund is the fixing and maintaining fund used to pay for capital expenses when they happen. It’s like the savings account for the strata scheme and it’s where the big ticket items such as painting, fencing, driveway repairs, carpets, roofing and guttering are paid from.
A capital works fund plan is generally prepared by a quantity surveyor who after inspecting the property taking in to account the age, features and facilities provides a report noting proposed work / maintenance for the scheme to consider and the timing and anticipated costs of the works.
The plan suggests an amount that the scheme should raise each year into the Capital Works Fund to save for the works when due. The strata manager will use the plan for the proposed budget each year for the owners to consider at the AGM.
The 10-year plan must start from the first AGM of the owners corporation and be reviewed at least every five years although you’ll commonly see this on the AGM agenda every year.
If the Capital works fund balance is insufficient when major repairs are due it increases the possibility that special levies may be needed therefore it’s worthwhile for plans to obtain and stick to their plan.
Typically a committee make the day to day decisions around contractors, compliance (by-laws and behaviour) and approvals (pets and minor renovations).
The major decisions are made by all the owners at a general meeting.
The decisions that the committee cannot make are called “restricted matters”. This means that the committee can do anything that is otherwise within the power of the strata scheme, except for the following matters that can only be decided at a general meeting:
- Approving levies or special levies
- Changing by-laws
- Appointing a strata manager or building manager
- Altering common property
NSW has legislation that states the way strata managers are appointed and the length of their term.
A strata management agreement is the contract offered by the strata manager to your strata scheme outlining the services they offer and their associated fees.
The services and fees offered can vary significantly between strata companies so take a close look to see what they’ll do, when and for how much.
If you are an owner and don’t have a copy of your strata scheme’s management agreement just ask your strata manager to send you a copy.
A fire safety statement is a document confirming that an accredited practitioner (fire safety professional) has assessed, inspected and verified the performance of each fire safety measure that applies to the building.
Depending on the type of strata scheme some will have items that require certification (such as in a high rise scheme) and some may have none (such as a villa complex).
Basically the local council sends the strata scheme a document each year noting the fire safety items that need to be checked and the strata manager arranges a professional to inspect and complete the document.
Fire safety is critical so the inspections and completion of the form is a critical task for every strata scheme.
A strata scheme needs to take out insurance to cover damage to the building and other costs to reinstate or replace the buildings.
In order to determine to appropriate amount to insure the buildings for strata schemes obtain an insurance valuation which we suggest at least once every 3 years is most common.
It’s important that the valuation is not a reflection of the property prices but instead considers the costs of rebuilding the scheme in the event of total loss.
The valuation is generally based on
- Rebuilding costs at the date of calculation.
- Costs for demolition and removal of debris.
- Costs of all professional fees, including council fees and applications.
- An allowance for GST.
- Consideration for cost escalation during the rebuilding stages.
Common property can be defined as areas of a strata building or community which do not form part of a Lot.
Common property usually includes:
- areas including gardens, fences, driveways, lifts, garbage areas and visitor parking and
- facilities such as pool, tennis court, gym, sauna, bbq area or meeting room.
Common property is owned by the Owners Corporation which is comprised of all Lot owners.
All Lot owners contribute to the repairs and maintenance of these common areas and facilities through their levies.
There is no ‘one size fits all’ answer so if in doubt, get in touch.
The strata plan number is unique to your scheme and is created when your strata plan is registered with NSW Land Registry Services.
You’ll come across this regularly in your ownership of a strata unit. It’s the number on your levy notice, letters from your strata manager. If you don’t know it simply ask your strata manager.
Some strata schemes will have several strata plans if it was a staged development or another subdivision has been made to swap change car spaces between owners (this does happen!).
Strata Plan 40411 started as only 7 villas with Lots 8 – 20 development lots. It was developed in 15 Stages from 1991 to 2004 with the additional units shown in 16 separate strata plans
In cases like this there will only ever be one set of accounts, records and financials under the first stage plan.
‘Strata’ at the basic level simply means there are multiple owners of properties on one piece of land. Picture a;
- high rise building
- townhouses / villa complex
- commercial / industrial complex and even
- community, neighbourhood & precinct schemes
When you own a strata title property you have ownership of your unit (called a lot) as well as a share of the ownership over ‘common property’ such as the driveway, foyer, gardens and other communal facilities.
This ownership is shared with the other lot owners and together you are called the owners corporation.
Every strata scheme must have funds. They are set up to keep the levies paid by owners.
The Administrative fund is the everyday fund managing the day-to-day costs of the strata scheme.
This includes maintaining common property, paying for insurance and other regular costs such as electricity, water, carpet cleaning and garden maintenance.
Generally you see the Administrative fund budget set to raise just a bit more than expenses. Normally it is money in and money out and the balance doesn’t increase greatly over time.
Every strata scheme must have funds. They are set up to keep the levies paid by owners.
The Capital works fund is the fixing and maintaining fund used to pay for capital expenses when they happen.
It’s like the savings account for the strata scheme and it’s where the big ticket items such as painting, fencing, driveway repairs, carpets, roofing and guttering are paid from.
The capital works fund was previously called a ‘sinking fund’ so you may still see these terms used interchangeably.
The initial period for a strata scheme starts the date the strata plan is registered and ends when there are owners of lots (other than the original owner) whose unit entitlements are at least 1/3 of the total.
This means that if the original developer maintains ownership of at least 2/3 of the total unit entitlement the scheme will remain in its initial period. This can last for months, years or even never expire.
In the initial period the first annual general meeting does not need to be held however, within 14 days of being registered, the strata scheme needs to determine their levies.
When the initial period expires the first annual general meeting then needs to be held within 2 months.
There are restrictions on the developer during the initial period including;
- Not altering common property;
- Not changing the by-laws so that an obligation is imposed on one but not all owners in the scheme.
- Not incurring a debt for an amount that exceeds the amount available in the administrative or capital works fund
- Not appoint a strata manager or building manager for a term extending beyond the initial period or
- Borrowing money
A strata committee (previously called an ‘executive committee’) is a group of owners from a complex that the owners corporation elects to help it make decisions for the scheme.
The owners corporation elects the strata committee at each annual general meeting (AGM).
There can be 1 – 9 people on the committee. The owners corporation decides the total number, which cannot be more than 9.
If you live in a 2 lot scheme, the strata committee must have at least 2 members (one from each property). If you live in a scheme with more than 100 properties, the strata committee must have at least 3 members.
Owners can nominate one person for election for each property they own in the scheme.
You can nominate yourself, another owner or someone who doesn’t own a property such as your tenant.
- You cannot join or be nominated for the strata committee if you are:
- the building manager
- an agent who leases any property in the strata scheme to tenants
- someone connected to the original owner (developer) or building manager of the scheme, unless you disclose this in writing before election
- an owner who owes money to the scheme at the time of the AGM.
Commencing on 30 June 2022 all owners corporations are required to report some information on their scheme annually to Fair Trading.
Strata managers will likely complete this information on behalf of their strata schemes although the secretary also can which allows active committees to do this or self managed schemes.
Some information will be publicly available including;
- Strata plan number address and registration date
- Whether the strata scheme is part of a larger community or precinct scheme.
- Number of lots in the scheme and their use (residential, commercial, retirement village, utility).
- Last annual general meeting date.
Some further information needs to be discussed however this won’t be publicly available including;
- Contact details of the chairperson, secretary, strata managing agent and building manager (if any).
- Nominated strata scheme contact for emergency services.
- Date Annual Fire Safety Statement issued.
- Current insured replacement value of building.
- The balance of the scheme’s Capital Works Fund (on last financial statement required for AGM.)
So in summary strata managers will likely complete the reporting on behalf of strata schemes they manage with the costs paid by the strata scheme.
A strata roll is a list of the owners in a strata scheme. It must be kept for the whole time the scheme is running. If you have a strata manager they’ll maintain the strata roll for your scheme and very likely in a digital format.
It must include:
- the strata plan number and address of the scheme
- each owner’s name, address and contact details (such as an email address)
- how each owner owns their lot (for example, whether owned outright or through mortgage)
- the date the owner gained possession of the lot
- if the owner has an agent, the agent’s name, address and contact details
- if the owner has a tenant, the tenant’s name, contact details and date the tenancy started
- the name and address of the original building owner (usually the developer)
- the name and address of the strata manager (if there is one)
- the total number of unit entitlements for the scheme as a whole, and the unit entitlement assigned to each property within the scheme
- insurance details
- all by-laws.
Unit entitlement’ determines your share of ownership in common property and therefore how much you will pay in your share of levies to maintain it.
It also affects your voting power in decisions the owners corporation makes if a poll vote is called.
The strata plan will show the unit entitlement for each lot however entitlements can change from a tribunal order or ruling and this will only be noted on the common property certificate of title not the strata plan itself.
So you need to check your strata plan and the certificate of title.
Most disputes or complaints can be resolved quickly and easily. But there’s also help available if it can’t be.
If you have a problem with noise, and know who is making it, have a friendly conversation with them to let them know it is bothering you. The more informal approach often has a better result than the formal process.
You might find that your neighbour is not aware they are disturbing you. You should give your neighbour a chance to fix the issue, or to discuss with you what can be done.
Not all noises will be breaking the rules. Your neighbour might not need to stop making the noise. However, they should still consider your complaint. If you still cannot resolve the noise issue, you may want to contact a member of the strata committee or your strata manager.
There are different kinds of meetings that owners in a strata scheme can get involved in.
ANNUAL GENERAL MEETINGS
Strata schemes must hold at least one meeting every year. This is called an annual general meeting (AGM) and is generally held around the same time each year. If you are a new owner and are yet to hear from us get in touch to make sure we have your contact details so you are advised of future meetings.
EXTRAORDINARY GENERAL MEETINGS
General meetings are held as and when needed. They usually discuss specific agenda items that needs agreement from owners and cannot wait until the next AGM.
STRATA COMITTEE MEETINGS
Strata committee meetings are for strata committee members to discuss and vote on day-to-day matters. These may be held in person or just a digital vote.
An owners corporation can add, remove or change current by-laws with a vote at a general meeting. For example an owner may be after approval to renovate a bathroom and a by-law is needed or asking to use common property for personal use.
A by-law change can’t be approved by a strata committee. A general meeting is needed. Approval of a by-law change will depend on the proportion of votes cast. If the votes against are 25% or less, the change will pass.
Sustainability Infrastructure by-laws (for example a townhouse owner after permission to install solar panels) can be changed by majority vote.
Residents can only park in your assigned parking spaces (car space, carport, garage).
Visitors can only use visitor parking spaces.
No-one can use parking reserved for emergency vehicles.
You need to check for signage indicating which parking spaces are reserved for visitors and any stated time limits.
The owners corporation can use signs, security guards, key card systems or parking barriers to control parking on common property and can action against owners who break parking by-laws.
Owners automatically have the right to vote at strata meetings, as long as they don’t owe the scheme any unpaid levies. Here are the details noting a key reference being the date of the meeting notice.
Meetings of the Owners Corporation
Voting rights cannot be exercised if contributions not paid. A vote at a general meeting (other than a vote on a motion requiring a unanimous resolution) by an owner of a lot or a person with a priority vote in respect of the lot does not count if the owner of the lot was an unfinancial owner at the date notice of the meeting was given and did not pay the amounts owing before the meeting.
Meetings of the Strata Committee
Schedule 2 of the Strata Schemes Management Act sets out the Meeting Procedures of Strata Committees. Clause 9(4) excludes a member of the strata committee from being entitled to vote on any motion if:
- they are unfinancial as of the date that the notice of the meeting was given, and they have not paid the amounts owed by the time of the meeting.
- Clause 14 clarifies that a motion can only be moved by a person entitled to vote on it.
Note: if an owner nominated a strata committee member, the question becomes whether the owner who nominated them is financial.
References
- Strata Schemes Management Act 2015, Schedule 1, Clause 23 (Owners Corporation)
- Strata Schemes Management Act 2015, Schedule 2, Clause 9 (Strata committee)
An AGM provides owners with the opportunity to understand and get involved so you can have a say on issues that affect how you live.
It’s your opportunity to discuss matters relating to the property and issues you’d like to manage in the coming year.
Here’s 3 reasons why we suggest all owners should get involved;
- Learn about how your property is managed.
- Give your input and have your vote.
- Meet your fellow owners.
At Salt Strata we make it easy for owners to have a say by digitally voting before the meeting or coming along in person. We’d love you to see you there.
