The new strata legislation imposes a high standard of care and diligence on the strata committee when it carries out its functions, such that individual strata committee members can be personally liable for their actions. However there are powers which are afforded to the strata committee, which include orders to dispose of abandoned goods left on common property, the power to make orders for payment of contributions (which operates as an enforceable judgment), and the power to dismiss applications for mediation if frivolous or lacking substance. To learn more about your rights as members of a strata committee please do not hesitate to contact one of our qualified strata lawyers in Sydney. Accessing executive committee legal advice from an experienced Owners Corporation Solicitor will ensure that every executive committee member is aware of their obligations and responsibilities.
There was a statutory duty on the Owners Corporation to repair common property (section 62(1) of the Strata Schemes Management Act 1996 (NSW)) but no automatic right to damages. Damages for breach of this statutory duty under the new legislation are now automatic. The Owners Corporation will not be under an obligation to repair if it has commenced proceedings against the owner for damage to the common property. For further Owners Corporation Legal Advice please contact a specialist strata lawyer at Matthews Folbigg.
An Owners Corporation can enter into a payment plan for the recovery of unpaid levies (which are non-binding) and can also, within 3 years, make an application to recover the difference from the original owner. If you are unsure about your rights and obligations as part of an Owners Corporation please contact us to speak with one of our professional strata lawyers who can advise you on various strata schemes issues.
Money from the Owners Corporation enforcing penalties will be paid into the strata scheme administrative fund, while amounts paid from the building bond are to be paid to the capital works fund. The 10 year capital works plan (sinking fund) is to be reviewed every 5 years. Owners Corporation legal advice can be obtained from one of our experienced Owners Corporation solicitor Sydney.
The process of renewing a strata plan involves the committee considering a proposal within 30 days of a request and a general meeting convened in order to consider the plan (and either reject or approve such plan). A special resolution is then made, which is non-binding. A strata renewal committee is appointed by the Owners Corporation (a maximum of 8) and notice is provided to all owners. For executive committee issues throughout this process and for other executive committee legal advice please contact us to speak with a strata lawyer today.