FREQUENTLY ASKED QUESTIONS

• Can I keep an animal in my unit?
• There is a grassed area near my unit.  Am I permitted to park my car on that space?
• The visitors car space is usually vacant so can I park in that space considering I am a resident owner who doesn't have an allocated car space?
• 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?
• 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?
• Can I instal an air-conditioning unit into the outside wall of my unit?
• Can I erect a pergola in the rear garden of my townhouse?
• I would like to receive Foxtel on my TV.  What's involved (from a strata point of view) and what permissions (if any) do I require to make this happen?
• I want to instal floating floor boards throughout my unit.  Do I need to seek Owners Corporation approval before undertaking this work?
• Our building needs painting but there aren't sufficient funds in the scheme's bank account to cover the cost.  What can we do?
• I live in a downstairs duplex and the other owner wants to equally share all expenses when they occur.  Can we do this as, being a 2-lot scheme, there are only two owners?
• Who is responsible for cleaning the exterior windows of my unit?  Some are very difficult to access with safety.
• We have 6 minute books covering meetings over the past 5 years.  Can we dispose of some of them?
• There are some repairs I would like carried out at our strata building.  How do I get the Owners Corporation to consider the proposal?
• I have some issues I want addressed by the Owners Corporation.  How can I have a general meeting called?
• I cannot attend a general meeting but want to send someone to vote on my behalf.  How do I do this?
• I am a tenant in a strata building.  Do I have a right to attend any Owners Corporation meetings?

Strata Title Terms and Jargon

If you need to know the meaning of one or more of the common terms mentioned on this page then have a look at the Strata Terms and Jargon Information page.

ANSWERS

Q: Can I keep an animal in my unit?
Permission must first be obtained from the Owners Corporation before keeping an animal in your unit.  It will depend on the by-laws for your scheme as well as the type and size of the animal.  However, the Owners Corporation cannot prevent a resident from keeping a seeing-eye guide dog. Top

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 (via a registered by-law) have been granted by the Owners Corporation to do so. Top

Q: The visitors car space is usually vacant so can I park in that space considering I am a resident owner who doesn't 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. Top

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. Top

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. Top

Q: Can I instal an air-conditioning unit into the outside wall of my unit?
Details of the proposal must be submitted in writing to the Owners Corporation and the Owners Corporation's consent must be obtained before commencing any work.  An appropriate 'exclusive use' by-law would need to be passed and registered if approval IS given.  Such a by-law would need to be prepared by a solicitor.  However, you should always check your scheme's by-laws in the first instance in case one which covers this topic already exists. Top

Q: Can I erect a pergola in the rear garden of my townhouse?
Details of the proposal must be submitted in writing to the Owners Corporation and the Owners Corporation's consent must be obtained before commencing any work.  An appropriate 'exclusive use' by-law would need to be passed and registered if approval IS given.  Such a by-law would need to be prepared by a solicitor.  However, you should always check your scheme's by-laws in the first instance in case one which covers this topic already exists. Top

Q: I would like to receive Foxtel on my TV.  What's involved (from a strata point of view) and what permissions (if any) do I require to make this happen?
Foxtel is provided to home units through various means including:

• Backbone cabling, which provides access to Foxtel for all units from a central point, either cabled to the Foxtel lines in the street or via a common satellite on the roof of the building
• Individual satellite dishes - when only some owners wish to obtain Foxtel access

For the first situation, no permission is required (as long as the work on common property has been completed).  All the Foxtel technician will do is instal the individual connection to your unit.  When no access is available at the building, then permission is needed to instal a satellite dish on common property.  If you are in any doubt as to which way may be better (or worse) for your building or situation, please discuss your plans with the strata manager for your scheme or the Owners Corporation before doing anything. Top

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 your strata scheme, the law contained in the NSW Strata Scheme Management Regulations 2005 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.

That particular law doesn't specifically require you to seek permission to instal the floor boards however, if after the installation, it's found that any noise transmitting from your lot (due to the floorboards) disturbs your neighbours you may be required (by a NSW Consumer, Trader and Tenancy Tribunal order) to remove or cover the floorboards 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, sound proofing underlay possible, avoid any conflict after the installation. Top

Q: Our building needs painting but there aren't sufficient funds in the scheme's bank account to cover the cost.  What can we do?
There are 3 options open to you.

• wait until enough funds are collected through the quarterly levy system
• raise a special levy to cover the cost of the works - with any special levy having to be OK'd at a general meeting
• raise the necessary funds through a strata finance company that specialises in loans for major works - also requiring approval at a general meeting

Each of the above has its good and bad points.

Depending on exactly how much needs to be raised, waiting can be a good solution but if the amount is large and, if other 'things' crop up (that need fixing) before you've raised enough cash, then you end up creating an even greater problem.  You can be always 'chasing your tail' with this method but it's definitely the easiest on the owners.

The special levy is by far the neatest and most efficient way to resolve the issue but it IS felt by every owner in the form of an extra money they have to provide.  However, if it takes a while to collect the special levy then the same problem mentioned in the first point applies.

And loans from strata finance companies are becoming a more popular solution with loan repayments being relatively low and evenly spread across may months making it much easier (financially speaking) for owners.  The other major advantage is there's really no 'waiting period' as the job can be started virtually straight away.

The absolute BEST solution is to always make sure enough funds are collected from the quarterly levies for the sinking fund to cover those unforeseeable contingencies so this doesn't occur again. Top

Q: I live in a downstairs duplex and the other owner wants to equally share all expenses when they occur.  Can we do this as, being a 2-lot scheme, there are only two owners?
The short answer is No.

Regardless of the size of the strata scheme, the Owners Corporation must maintain the prescribed records and accounts.  A bank account must be opened in the name of the Owners Corporation and levies determined on an annual basis.  All expenses must be paid out of that account and a record kept of all transactions.

So, while you are effectively sharing the expenses anyway, they are paid for from a fund which you both equally contribute to and everything is accountable, recorded and above board.  If you happen to have funds left over at the end of the year, the levies for the following year may not need to be as much although it's always a good idea to save a little for the proverbial 'rainy day' which will come along. Top

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. Top

Q: We have 6 minute books covering meetings over the past 5 years.  Can we dispose of some of them?
The NSW Strata Schemes Management Act 1996 requires that minutes of meetings be retained for at least 5 years so you'll have to wait another year before disposing of them.  It may prove worthwhile keeping them for an additional year, just in case you need to refer to something - because, sure enough, as soon as you throw them out you'll find you need to refer to them for something. Top

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.  Don't forget to put together a compelling case to justify why the repairs should be done. Top

Q: I have some issues I want addressed by the Owners Corporation.  How can I have a general meeting called?
A general meeting may be called when a request in writing is signed by one or more persons entitled to vote and the unit entitlement of those persons is at least a quarter of the aggregate unit entitlement for the scheme.  The other way is for there to be a majority vote of the Executive Committee (EC) for the holding of a general meeting.

So, you'll either need to get some other owners to agree with your issues (and therefore want the meeting too) or you'll have to ask a member or two on the EC to support your views and convene a meeting.  The unit entitlement schedule for your scheme can be obtained from your EC. Top

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 (the appointed person) should also sign the form and it should be given to the secretary before the meeting.  For large schemes, the proxy must be provided 24 hours before the meeting. Top

Q: I am a tenant in a strata building.  Do I have a right to attend any Owners Corporation meetings?
No, you do NOT have the right to attend any meeting of the Owners Corporation unless an owner has appointed you as their proxy. Top

DISCLAIMER:  All information on this website is of a general nature and is intended as a guide only.  Readers should check all information obtained from this website for accuracy from other sources and seek professional legal advice before taking any action based on any information obtained from this website.  Information on this website should not be substituted for proper legal advice.  The owners of this website will not be held responsible for any action taken as a consequence of same.

EXTERNAL SOURCES:  The owners of this website do not make any warranty or representations regarding the information, products, services provided by or qualifications of any external sources listed on this website.  Readers should make their own appropriate enquiries regarding accuracy, qualifications, licences, etc.  The owners of this website will not be responsible or liable in any way for any representations made by any external sources listed on this website.

IMPORTANT NOTE:  This website deals with strata matters in NSW, Australia only.  Legislation varies in different states and territories and in other countries.  For information pertaining to places outside of NSW, Australia please refer to the appropriate legislation for your region.

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