Regardless of the size of the strata scheme, the Owners Corporation must maintain the prescribed books and records. Levies must be determined on an annual basis and a bank account opened in the name of the Owners Corporation. All expenses must be paid out of that account and a record kept of all transactions. What you're asking to do is effectively this but apparewntly without any real structure. Detailed records will need to kept regardless.
Q: I would like to instal a storage box in my car space. Do I need Owners Corporation permission to do the instal even though the storage box is totally contained within my own lot?
You must seek the permission of the Owners Corporation to instal anything within your car space as the general standard by-law requires that owners must NOT keep anything within their lot that is not in keeping with the appearance of the rest of the building. If there is a special by-law concerning storage units in your strata scheme then you should refer to those rules first before doing anything.
Q: I want to use the swimming pool at 11.30 pm but the secretary of the Owners Corporation said I can't. Is this enforceable?
The by-laws of your strata scheme will probably include the hours for use of the pool. These by-laws should be checked in the first instance. For any restrictions on the use of facilities to be enforced, they must contained in the registered by-laws.
Q: Who is responsible for cleaning the exterior windows of my unit? Some are very difficult to access with safety.
The individual owner or occupier is responsible for cleaning the exterior windows to a lot, even though this is common property. The exception to this is if the window cannot be accessed with safety by the owner or occupier.
Q: I cannot attend a general meeting but want to send someone to vote on my behalf. How do I do this?
You must appoint a proxy in writing using the prescribed form. The proxy should also sign the form and it should be given to the secretary before the meeting.
Q: There is a grassed area near my unit. Am I permitted to park my car on that space?
Parking on common property is not permitted unless special rights have been granted by the Owners Corporation to do so.
Q: I want to instal floating floor boards throughout my unit. Do I need to seek Owners Corporation approval before undertaking this work?
In the absence of a special by-law passed for a particular strata scheme, the by-law contained in the Strata Scheme Management Regulations 2005(NSW) referring to floor coverings requires that you must cover the floor of your lot (or treat it sufficiently) to stop any noise which may disturb another resident. This does not apply to the kitchen, laundry, toilet or bathroom. While that by-law does not specifically require you to seek permission to instal the floor boards if, after the installation, it is found that any noise (due to the floorboards) transmitting from your lot disturbs your neighbours you may be required, by a Consumer Trader and Tenancy Tribunal order, to remove or cover the floorboards such as to stop the noise affecting others living in your strata scheme. Therefore, the wisest course of action would be to consult with the Owners Corporation well before the installation and then, through the use of the highest grade and thickness of underlay possible, avoid any conflict after the installation.
Q: The visitors car space is usually vacant. Can I park in that space considering I am a resident owner who does not have an allocated car space?
If the provision of a visitor's car parking area was a condition of the Development Consent, parking by a resident is not permitted. However, if this is not the case, the Owners Corporation may pass a resolution permitting a resident to park in the visitor's car space.
Q: I am a tenant in a strata building. Do I have a right to attend any Owners Corporation meetings?
You do NOT have the right to attend any meeting of the Owners Corporation unless an owner has appointed you as their proxy.
Q: There are some repairs I would like carried out at our strata building. How do I get the Owners Corporation to consider the proposal?
Prior to the next general meeting, you should send a motion to the secretary or strata managing agent with a request that it be included on the agenda for discussion.
Q: We have 6 minute books covering meetings over the past 5 years. Can we dispose of some of them?
The Strata Schemes Management Act 1996(NSW) requires that ALL records and accounts (including minutes of meetings) be retained for at least 5 years although we recommend you keep them for an extra year or so - just to be sure you won't need to refer to them.
