News & Publications

Levies: can contributions be varied?

Each year an owners corporation prepares a budget in anticipation of the funds they need to raise in order to cover the expenses of the administration of the owners corporation and funds to maintain the common property, see section 79 of the Strata Schemes Management Act 2015. The owners corporation must levy on lot owners contributions in shares proportional to the unit entitlement of the lot owners’ respective lots. This obligation, which is pursuant to section 83(2) of the Act, is strict, and parties cannot contract out (i.e. make an agreement) of this obligation because it is a statutory obligation. However, there is scope to vary this in three very limited ways

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Short-Term Rental Accommodation

The NSW government has taken the view that short-term rental accommodation (STRA) can result in economic benefits, such benefits must be balanced against the associated impacts to neighbouring owners or communities caused by the inconsiderate or anti-social behaviour of guests under STRA arrangements.

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Facebook Operators Potentially Liable for Defamatory Third-Party Comments

In the recent Supreme Court of NSW case Voller (Voller v Nationwide News Pty Ltd; Voller v Fairfax Media Publications Pty Ltd; Voller v Australian News Channel Pty Ltd [2019] NSWSC 766), the court held that operators of public Facebook pages are deemed to be ‘publishers’, and thus may potentially be liable for defamatory comments made by third-party users.

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Costs in the NSW Civil and Administrative Tribunal

The general common law rule in respect of costs in litigation is that costs follow the event. This means that the unsuccessful party generally pays at least part of the costs of the successful party. The general rule does not apply in the NSW Civil and Administrative...

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Renovation by-laws: time frames and tips

Having a special by-law drafted by a solicitor, seeking the Owners Corporation’s approval and registering the by-law approving the works, are the main steps that an owner wishing to renovate their strata unit needs to take before commencing major works.

Under section 111 of the Strata Schemes Management Act 2015 (the Act), major renovations have to be approved by special resolution of the Owners Corporation at a general meeting. It is important that the motion is correctly drafted in order to reflect that the by-law was adopted by special resolution, as required by the Act.

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ACT Case Note: How not to issue a rule infringement notice

CORBY v THE OWNERS CORPORATION – UNITS PLAN NO 1035 (Unit Titles) [2019] ACAT 45 ACT CIVIL & ADMINISTRATIVE TRIBUNAL Member: Senior Member R Orr QC Date of Decision/ Orders: 8 May 2019 FACTS On 11 April 2018 the executive committee for the owners corporation of...

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