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Owners corporation and by-laws FAQs
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What is a Strata Plan?
The concept of strata title is the subdivision of a building and the land on which it is situated into lots and common property. The boundaries of the lots are defined on the strata plan and the common property is the remainder (that is, that part of the land and building which is not comprised in the lots).
Strata title lots are cubic airspaces (and can be above and below the ground). Therefore, the subdivision can be perceived as horizontal and vertical in nature. This can be contrasted with the boundaries of a conventional home lots, which do not have lower and upper limits.
Strata title lots are cubic airspaces (and can be above and below the ground). Therefore, the subdivision can be perceived as horizontal and vertical in nature. This can be contrasted with the boundaries of a conventional home lots, which do not have lower and upper limits.
What is an "Owners Corporation"?
The owners corporation is made up of all the owners in the strata scheme. By-laws are made or changed to meet the needs of all owners and to assist with the running of the strata scheme
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On registration of a strata plan, an owners corporation automatically comes into existence. It is comprised of all of the owners of lots in the strata plan and has perpetual succession. The owners corporation is a separate legal entity. It can sue, be sued, and can own real and personal property.
The owners corporation has, for the benefit of owners of lots in the strata scheme, the management and control of the use of common property of the strata scheme. |
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What is a "Lot"?
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A lot is defined as one or more cubic spaces. Therefore, a lot can be comprised of cubic spaces on various levels of a building.
The base of each of these cubic spaces is represented on a floor plan in the strata plan. The vertical boundaries of a lot are determined on the floor plan by continuous heavy lines (called base lines). For parts of lots inside a building, the horizontal boundaries are the upper surface of the floor, the under surface of the ceiling and the inner surface of boundary walls, unless expressly stated otherwise on the strata plan. Where there is no ceiling, floor or walls involved (for example, a courtyard), the boundaries of the cubic space for that part of the lot must be defined by dimensions on the strata plan. |
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All owners are always members of the owners corporation. They have voting rights and obligations to pay levies and comply with by-laws. Owners cannot ‘resign’ from the owners corporation.
However you are free to manage your unit as you see fit. You can enter into a contract with a managing agent or caretaker to manage your unit, if you wish.
However you are free to manage your unit as you see fit. You can enter into a contract with a managing agent or caretaker to manage your unit, if you wish.
I want to get a dog. Do I need the owners corporation’s permission?
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Check your by-laws first. Some schemes allow pets with the permission of the owners corporation – the strata committee can give this approval. Other schemes do not allow pets at all. If your by-law allows for pets then the requirements may include making a written request to the owners corporation and providing information to support your request, for example, information on the type of dog, how you will look after it and so on.
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Someone is making a lot of noise and its disturbing my sleep. How do I get them to stop?
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The best approach is to try to resolve the problem yourself, so talk to the person first. If that doesn’t work or, if you feel intimidated, you have two choices. You can ask the owners corporation to issue them with a Notice to Comply with a By-Law (in PDF format (size: 57kb) then seek a fine if they keep breaching. Or you can apply for mediation through Fair Trading to have a mediator assist you to discuss the issue with them.
My neighbour’s boyfriend is parking his car in the visitors’ parking space every night, taking up the space. Is he really a visitor?
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That is a matter for the owners corporation to decide at a meeting.
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The people above me pulled up their carpet without permission of the owners corporation and put down a floating floor which is very noisy, what can I do?
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Under some by–laws that apply to schemes, owners do not require permission to remove the carpet in their lot airspace. However the by–laws may require them to notify the owners corporation before proceeding. If a noise problem results, you can talk to them about it or ask the owners corporation to serve them with a Notice to Comply with a By–Law in PDF format (size: 57kb).
If the unit is tenanted, you can usually take action against the owner seeking to have the floor carpeted or covered to reduce noise. The new Act allows owners to install carpet on their floors without permission. However, permission of the owners corporation must generally be obtained to install or replace wood or other hard floors.
If the unit is tenanted, you can usually take action against the owner seeking to have the floor carpeted or covered to reduce noise. The new Act allows owners to install carpet on their floors without permission. However, permission of the owners corporation must generally be obtained to install or replace wood or other hard floors.
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For more strata information and frequently asked questions visit Fair Trading NSW's website:
Fair Trading NSW |