Strata Owners – Frequently Asked Questions
SCA (NSW) has collated a series of Frequently Asked Questions to help strata owners. The questions and answers are a general guide only and you should always seek professional advice for your particular situation. You can of course find strata experts in our online Directory.
If your question is not covered here then maybe try our Ask an Expert portal. Send us your question and we’ll ask one of our panel of experts to provide you with some guidance. Here are the latest questions:
Q: Is a Special By-Law required if a lot owner removes existing carpet and replaces with timber floor boards. An owner has submitted a minor repair as a motion in the upcoming AGM for their lot. If the motion is approved are there any further steps that have to be taken?
A: In this case Section 110 of the Strata Schemes Management Act 2015 applies. A resolution at a general meeting is required with special attention to Section 110(4)(a, b, c & d). Attention should be given to how the floor is to be installed. In the event that the floor is glued or affixed to the common property (i.e. battens) consideration should be given to a by-law to enable the responsibility for repair and maintenance to be passed on to the respective owner. No by-law would be required for a ‘floating timber floor’.
Q: What happens in the event that the Secretary declines to call a Strata Committee meeting?
A: Section 39 of the Strata Schemes Management Act 2015 is about convening meetings and says that:
(1) The secretary of the owners corporation may convene a meeting of the strata committee at any time.
(2) The secretary of the owners corporation, or any other member of the strata committee, must convene a meeting of the committee if requested to do so by at least one-third of the members of the committee.
(3) The meeting must be held:
(a) in the case of a large strata scheme, not later than 28 days after the request is made, or
(b) in the case of any other strata scheme, not later than 14 days after the request is made
Owners vs Owners Corporation
Q: An owners shower floor requires re-sealing or water proofing and the owners corporation has received quotes to do this work. However the owner is rejecting the quotes as they don’t like the colour of tiles that the company use. Where does the owners corporation stand here? Is it up to the owners corporation to match the tiles or pay for the owners choice of tiles or is it the responsibility of the owners corporation to just re-seal the water proofing?
A: The owners corporation should take all reasonable attempts to restore the common property to its original condition. In the event that the owners corporation cannot source the original tiles then an alternative must be used. The respective lot owner should meet the additional cost of a more expensive tile in the event that the tile suggested by the owners corporation is not acceptable or the original tile cannot be sourced.