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Essential stuff for strata strife
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12/02/2017 - 1:12 pm
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There are a few forms that people are always asking for so here are some links to the most commonly used ones.

A good starting point for all the basics in strata living in NSW is the Fair Trading website and the Fair Trading Strata Living booklet is worth a read too.

Fair Trading mediation  is the first, often obligatory step in most strata disputes.  You'll find a downloadable form at the end of that link.

The next step is an application for orders at a tribunal. This page explains a bit of what to expect from NCAT and   here is the NCAT form. 

One aspect of internal disputes that doesn't require mediation before you go to the tribunal is a Notice To Comply.  This where an owner or tenant has breached a by-law and the Notice To Comply is a warning that if they do it again they will be taken to the Tribunal.

NB: You can't issue a Notice To Comply yourself.  It has to be approved by your committee via a proper agenda item at a committee meeting or done by your strata manager.  And your committee doesn't have to issue warnings before they issue an NTC.  It is a warning - stop breaking the by-law or you could be fined. That said, some committees do issue a preliminary warning just so the miscreant can't turn around and say they didn't know there was a problem.

Proxy Forms: In an effort to stamp out proxy farming (good luck with that) the government has limited the number of proxy votes any one person can hold to 1 in schemes under 20 units and 5 per cent of lots in any schemes over 20 lots.  That means your chosen proxy holder may be oversubscribed by the time you get to the which is why this new proxy form allows you to nominate two people, one as a standby.

A couple of years ago strata managers, lawyers and legislators put their heads togehter to come up with the definitive document detailing who's responsible for what in a strata scheme. That link takes you to the Strata Community Australia version and since they are the umbrella body for strata managers, it's the one most likely to be waved under your nose when you ask your owners corp to repair something that actually belongs to you.  Just a tip - you have to read the footnotes at the end to get the full meaning.

And while we're sniffing around the strata managers, this page has several links to handy factsheets too, such as, who you should call and when if you have a problem.

Parking Warning: If you have a problem with owners or tenants parking illegally on common property, you could try this home-made poster which I think complies with Section 34 of the Strata Regulations and might scare them off even if it doesn't.

Finally, for all you fellow Bush Lawyers out there, here are the full forms of the key legislation on which all of this is based.  If you are looking for the model by-laws, you'l find them at the end of the Regulations.

Strata Schemes Management Act (2015)

Strata Schemes Regulations (2016)

Strata Schemes Development Act (2015)

If you try any of these links and they don't work please write to [email protected] and let me know as material sometimes gets updated and moved.

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