News & Publications
Most strata schemes will be subject to a by-law dealing with appearances but what is “in keeping with the rest of the building”? The decision of Barnes dealt with the appearances by-law that most strata schemes have in place.read more
Successful litigant but still liable for costs? What! How the Strata Schemes Management Act makes litigants liable
Owners Corporations and lot owners considering taking legal action against one another should carefully consider the jurisdiction in which they commence proceedings. For most matters the NSW Civil and Administrative Tribunal (NCAT) will be the appropriate jurisdiction...read more
In the recent cases of Yardy v Owners Corporation SP 57237  NSWCATCD 19 (decided on 19 February 2018), McCormick & McGinness v The Owners – Strata Plan No. 2371 (decided on 9 October 2018) and most recently a matter relating to The Elan building in Kings...read more
What happens if you are an affected lot owner and you don’t challenge the repeal of an exclusive use by-law in time?
What happens if you are an affected lot owner and you don’t challenge the repeal of an exclusive use by-law in time? Keep reading to see what happened in- Khadivzad v The Owners – Strata Plan 53457read more
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 waysread more
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.read more
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  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.read more
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...read more
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.read more
Cracking up – a Four Corners report that highlights the issues of faced in strata and other high rise buildings featuring our own Christopher Kerin.read more
CORBY v THE OWNERS CORPORATION – UNITS PLAN NO 1035 (Unit Titles)  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...read more
On 22 May 2019, Christopher Kerin appeared before the ACT Parliamentary Inquiry Into Building Quality in the ACT and detailed the challenges facing apartment owners in the ACT as well as what needs to change to provide more consumer protection to apartment owners....read more