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Faq’s

FREQUENTLY ASKED QUESTIONS

Can I have a pet in my apartment?

A.

Maybe. If your scheme does not have specific By-laws relating to pets refer to the Model By-laws in the Strata Scheme Regulations relevant to the date of registration of your strata plan:-

a. prior to 1 July 1997); or
b. on or after 1 July 1997); or
c. on or after 30 November 2016.

Click here for the Regulations for 2016 and you can do the same for the periods applicable to your scheme.

The Schedules in the Regulations provide the steps to be taken if you want to keep a pet.

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Are House Rules enforceable by Owners Corporations?

A.

No, unless they are registered as By-Laws for the scheme with Land & Property Information New South Wales.

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Can children Play on Common Property?

A.

Firstly, refer to your schemes by-laws and see if they deal with this issue. If they don’t then the following applies.
Pre-1996 Model By-laws provided children must be accompanied by an adult on common property comprising a laundry, car parking area or other area of possible danger or hazard to children.
2016 model By-laws changes the pre-1996 situation relating to children playing on common property: –
1. children may play on any area of common property that is designated for that purpose but must be supervised by adult when using an area designated for swimming.
2. children must not remain unaccompanied by an adult on common property that is a laundry, car parking or other area of possible danger or hazard to children.

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Am I allowed to hang my washing on the balcony or leave my shoes or stuff outside my apartment?

A.

Pre-1996 Model By-laws unless one has written consent of the owners corporation hang any washing, towel, bedding, clothing or other article that is visible from outside the building other than on any lines provided by the owners corporation and only for a reasonable period.
2016 model By-laws an owner or occupier may hang any washing on any lines provided by the owners corporation for a reasonable time.
Also, an owner or occupier may hang any washing (towel, bedding, clothing or other article of a similar type) for a reasonable time on any part of the lot other than over the balcony railings.

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Can I install an air-conditioner?

A.

The answer is maybe. The Strata Schemes Management Act 2015 provides for minor renovations subject to approval by the owners corporation in general meeting (see section 110 of the Act which deals with minor works and Clause 28 of the Strata Scheme Management Regulations 2016 which includes reverse cycle split system air conditioner in the definition of minor renovation works).
If you intend or want to install air-conditioning first check the By-laws of your Strata Scheme. If they provide for air-conditioning installation following the provisions of the By-law.
If you make an application to the owners corporation, provide as much information as is possible including proper plans and specifications of the proposed installation work including what use of or interference to common property will be required. Specifications relating to the proposed unit are important especially relating to the type, rating, mechanical specifications, brand, noise, water discharge and appearance. Most schemes want external air-conditioning hidden from view on balconies or in car spaces.

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As a lot owner, can I attend a strata committee meeting?

A.

If you are a member of the Strata Committee you can attend the committee meetings and speak. If you are not a member of the Strata Committee you are entitled to attend the meeting but not speak unless invited to do so.

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How do I access the records of the Owners Corporation?

A.

A Strata Scheme is required to keep proper prescribed records. The Owners Corporation is the agent of the owners. The records are held by owners corporation on behalf of the owners. Therefore, any owner is entitled to access those records and inspect them. An Owner can authorise third parties such as lawyers and strata searchers to inspect the records of their behalf. Owners may also copy records. There are statutory fees payable for inspection of the records.
If an Owner is in a legal dispute with the owners corporation, it is not uncommon for the owners corporation to restrict access to those documents and claim privilege. This is often in itself an area of dispute. But if privilege is not claimed all Owners Corporation records are available for inspection by Owners.

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NSW Fair Trading has developed a comprehensive list of frequently asked questions relating to strata properties, lots and common property including management issues.

Areas covered in the link are as follows:

  • Common Property;
  • Owners Corporation and by-laws;
  • Meetings of the owners corporation;
  • Meeting procedures;
  • Strata committee;
  • Repairs and maintenance;
  • Contributions, administrative and capital works funds; and
  • Strata managing agents.
  • You will find within each of the headings more information and further links to issues.

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