by Allison | Jan 13, 2025 | BCA Compliance, Building Defects, Case Review, Legal Alert, News & Publications, NSW, Recent News
On 11 December 2024, the High Court handed down its decision in Pafburn Pty Limited v The Owners – Strata Plan No 84674 [2024] HCA 49. By a majority of 4 to 3, the High Court held that the duty under section 37 of Part 4 of the Design and Building Practitioners Act...
by Allison | Nov 25, 2024 | By-Laws, News & Publications, NSW
Strata and community title has a huge social and economic impact, and the keeping of pets in apartments has long been a key area of dispute. So, what does the furore over keeping our animal friends mean for the governance of our strata and community title schemes. Our...
by Allison | Nov 4, 2024 | By-Laws, News & Publications, NSW
There is no requirement that an owners corporation keep a notice board on the common property, unless the by-laws for the strata scheme require it to. Accordingly, if a scheme does not have a by-law requiring the keeping (and use) of a notice board, the scheme does...
by Allison | Sep 15, 2024 | News & Publications, NSW, Recent News, Strata Disputes
Following on from our article about what constitutes a nuisance, which can be read here, this article discusses common forms of nuisance that occur in strata schemes being second-hand smoke, light, and noise intrusions from neighbouring properties. Smoke Penetration...
by Allison | Sep 15, 2024 | By-Laws, Strata Disputes
The Basics of Common Property Boundaries The basic rule is that the common property of a strata scheme is anything not designated as belonging to a lot. Lot property boundaries are defined by the lines marked on the Strata Plan that indicate walls, ceilings and...
