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What Can an Owners Corporation do if an Owner or Occupier Breaches the By-Laws of the Scheme?

by Allison | Aug 15, 2022 | By-Laws, News & Publications, NSW, Strata Disputes

The by-laws for a strata scheme are binding upon the owners corporation, owners and occupiers. If an owner or occupier breaches any of the strata scheme’s by-laws, the owners corporation can take steps to enforce those by-laws. Before commencing proceedings, we...

What Is An Unreasonable Reason To Refuse To Make A By-Law?

by Allison | Jun 14, 2022 | By-Laws, Case Review, News & Publications, NSW

The Appeal Panel in Kaye v The Owners – SP 4350 [2022] NSWCATAP 173 (Kaye) have provided a number of reasons why an owners corporation was reasonable in refusing to make a common property rights by-law. In that case, a lot owner requested that the Owners Corporation...

Can An Owners Corporation Add Its Legal Fees For Recovering Unpaid Contributions To The Defaulting Lot Owner’s Ledger?

by Allison | Jun 14, 2022 | Levies, NSW, Strata Disputes

Although only a local court assessor’s matter, the case of The Owners – Strata Plan No 52098 v Khalil [2014] NSWLC 2 stands for not putting legal costs onto a lot’s ledger until they have been either the subject of a costs order in the Tribunal or a court....

Obligations in Relation to Mould in Apartments

by Allison | May 15, 2022 | News & Publications, NSW, Strata Disputes

Mould within homes is a common, though potentially hazardous, occurrence. Generally, mould is caused by: Condensation Elevated humidity Insufficient building ventilation Household clutter Inadequate bathroom and laundry ventilation. If mould is left untreated, there...

Stocker v The Owners – Strata Plan No. 6622 – Minor Renovations, or not?

by Allison | May 15, 2022 | By-Laws, News & Publications, NSW

In the recent case of Stocker v The Owners – Strata Plan No. 6622 [2022] NSWCATCD 31, the Tribunal considered whether works carried out by a lot owner were cosmetic works, or minor renovations, or works that were not cosmetic works or minor renovations, and the type...
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Recent News & Publications

  • Case Note: Craven & Gilks v The Owners – Units Plan No 2839 (Appeal) [2023] ACAT 4
  • Case Note: Cheetham & Ors v The Owners – Units Plan No 503 & Ors (Unit Titles) [2019] ACAT 90
  • Case Note. Leonard & Anor v Michie & Ors (Unit Titles) [2019] ACAT 14
  • SMH Article: Barking dogs, prams and air-con: What Sydney’s apartment dwellers fight about
  • NSW Strata Reforms Taking Effect Soon

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