Residents living in strata communities know all too well how hard it can be to find the right answers to strata-related issues. There are so many rules and regulations to wade through, and legislation is often updated and amended. This can make it difficult to understand which rules apply and how they apply to your specific situation.
Tim Sara, our Associate Director of Client Management, is no stranger to these types of enquiries. With over a decade of experience delivering excellent strata management services and a reputation across the industry as a thought leader and an expert in all things strata, he’s able to provide clarity for those struggling with tough questions. Here’s what he had to say in response to a question regarding voting on repairing building defects from the latest issue of The NSW Strata Magazine.
Q: If some units have defects and we all meet about repairing the defects, can these owners participate in the vote, or should they abstain?
In our 15-year-old, 30-lot strata scheme, four units require rectification works due to building defects. We called a general meeting to approve a special levy to cover the cost of the work.
Can owners of the four units with defects vote at the general meeting, or should they abstain from the vote due to their vested interest?
A: All owners have a vested interest in ensuring that the owners corporation meets their requirements to repair and maintain its common property.
The Strata Schemes Management Act 2015 (NSW) (‘the Act’) contains no provisions that exclude owners of lots from voting on motions that relate to the owners corporation meeting its fundamental and statutory requirement to repair and maintain its common property (in accordance with section 106 of the Act).
All owners have a vested interest in ensuring that the owners corporation meets such requirements and would be required to contribute toward the special levy in question.
Our Strata Management Team prides themselves on their attention to detail and knowledge of strata legislation, which allows them to achieve the best possible outcomes for their clients. They are committed to remaining at the forefront of the industry, building their expertise, and finding new ways to add value to the communities they manage.
If you want your strata scheme managed by an effective and responsive team that specialises in creating thriving communities, contact us today for your FREE quote.