APC Building Management - Your Strata and Building Management Specialists

F.A.Q

Frequently Asked Questions & Answers

Have a look at frequently asked questions & answers to understand more.
Common property is the property owned by the Owners Corporation as a whole. Technically it is defined as “so much of a parcel as from time to time is not comprised in any lot.” The ‘parcel’ is the land (i.e. the lots and common property combined) on which the strata scheme is based. Each strata plan is different and The NSW Office of Fair Trading has developed a booklet titled “Who Is Responsible” which is a detailed guide.
Approval must first be obtained from the Owners Corporation before keeping an animal in your unit. It will depend on the by laws for your scheme (most are pet friendly) as well as the type and size of the animal. However, the Owners Corporation cannot prevent a resident from keeping a seeing-eye guide dog.
Yes, you must seek prior approval. The Owners Corporation may ask you to have a by law prepared to cover the Owners Corporation for any repairs or maintenance on the renovated area, and/or damage to common or private property as a direct result of the renovations. You will be required to submit plans, a scope of works and the licenses of any contractor.
Section 62 of the Strata Schemes Management Act 1996 clearly states that the Owners Corporation must repair and maintain common property. The Owners Corporation may have to raise a special levy to cover the cost of these works.
Some windowsare very difficult to access with safety. The individual owner or occupier is responsible for cleaning the exterior windows to a lot, even though this is common property. The exception to this is if the window cannot be accessed with safety by the owner or occupier.
Every strata plan has a registered unit entitlement allocation that can be found on the strata plan and certificate of title. The unit entitlement is a whole number and the total of the unit entitlements on the plan is called the ‘aggregate unit entitlement’. The unit entitlement is used to determine the lot owner’s:
•Share in the common property
•Voting rights when the voting is conducted by means of a poll.
•Right to share in distributions of surplus monies in the owners corporation’s administrative or sinking fund.
•Right to share in compensation monies paid by any public authority resuming the whole or part of the common property.
•Proportion of maintenance levies; and

Obligation to contribute to repair and maintenance of common property under a joint exclusive use by law.

Parking on common property is not permitted unless special privilege (usually via a registered by law) has been granted by the Owners Corporation to do so. It is becoming more common for Owners Corporations to implement “clamping” by laws to their strata scheme to allow offenders to be clamped for breaching this by law.
Much like renovations, you must seek prior approval and a by law may be requested should the Owners Corporation not have a general air conditioning by law. You will be required to advise the exact location of the motor.
There is no responsibility on the strata manager or Owners Corporation to issue levy due notices. This is a courtesy. The only responsibility that that the strata manager and/or Owners Corporation has is to advise the lot owner the levy amounts due and the dates payable which is usually disclosed in the minutes of the annual general meeting. The onus is on the owner to ensure levy payments are made. The Owners Corporation may decide to waive the fee. However, should they not, the owner is liable to pay it and any interest incurred.

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