It’s not just the ABC that runs a Q&A program. Each year during Strata Owners Day SCA (NSW) has invited a panel of experts and a seasoned media host who knows a bit about strata, to answer questions and solve some strata-related problems.
This year the panel was hosted by Strata Live’s Cindy Martin. Strata Live is a highly successful website, which provides information and a forum for owners to exchange their experiences of living in strata.
Our experts were Anne-Maree Paull from CHU, Matthew Jenkins from Bannermans Lawyers and Michael Courtney from NSW Fair Trading.
Please note that the advice given here is of a general nature only and you should always seek independent professional advice for your specific matter.
Q: The security door to our garage broke about a month ago and nothing has been done to fix it. Now my car has been broken into while parked in the garage and my work tools stolen from my car. What can I do?
A: CHU: This is a question about liability and the circumstances under which the repairs were unable to be carried out immediately.
Liability for the tools in the car should be directed to the cars insurer in the first instance. If the tools had been kept in a storage cage then the owner should have taken steps to make sure the goods are safe, plus the owners corporation or strata owners committee might have considered engaging a security guard until the security door was fixed.
Q: An owner bought the apartment next door to her to run as an Airbnb short-term let. The strata owners committee is not happy with this saying that it will affect insurance and fire safety at the very least, not to mention noise and increased wear and tear in common property areas. What can be done?
A: Bannermans Lawyers: Firstly these types of issues around short-term letting are matters for the local council and its planning laws, which the owner may be breaching, and then for the strata owners committee if this is in breach of the strata plans by-laws.
At present there is a NSW Parliamentary inquiry into short-term letting, including the activities associated with Airbnb and the report from this is due in April or May this year.
NSW Fair Trading: If the local council allows short-term letting then it is a matter for the strata owners committee to determine the impact on the strata scheme. It is difficult to enforce by-laws made about short-term letting but much easier to enforce issues of nuisance against the owner. If the tenants were creating a problem, the strata owners committee could seek orders from the NSW Civil and Administrative Tribunal (NCAT) to have this nuisance cease. The owner of the apartment would have to comply with these orders.
Q: When it comes to renovations what is and is not common property?
A: NSW Fair Trading: this is about using your common sense according to the new legislation. You can put nails in walls to put up a painting without seeking committee approval. However, for minor renovations you need to check what is common property on the strata plan and then move a motion through the committee at its next meeting, seeking approval to do the changes you want. The motion and results are then registered with Land Titles and is forever on the plans records.
Q: Where do I get by-laws drafted?
A: Bannermans Lawyers: You can do it yourself but it is best to call in a lawyer experienced in drafting by-laws. Once the new by-law or by-laws are passed they need to be registered on the common property certificate of title at Land Titles.
Strata managers don’t usually draft by-laws themselves and would usually recommend a specialist lawyer.
Q: We have a new contract with our strata managing agent but find that under the new legislation this has changed. Please explain the changes.
A: NSW Fair Trading: contracts are now for a maximum three years and at the end of this term there are three monthly roll overs which are approved by the strata owners committee.
The committee can terminate a contract before it ends but there may be provisions such as a pay out to the strata managing agent. In such instances these may have to go to NCAT.