by Allison | Nov 25, 2019 | News & Publications, NSW, Strata Disputes, Strata Disputes
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...
by Allison | Nov 25, 2019 | By-Laws, News & Publications, NSW, Uncategorised
In the recent cases of Yardy v Owners Corporation SP 57237 [2018] 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...
by Allison | Sep 16, 2019 | Case Review, Legal Alert, News & Publications, NSW, Strata Disputes, Strata Disputes
A by-law for a strata scheme can only be made, amended or repealed if it is passed by special resolution at a properly convened general meeting. Once the by-law has been passed, it must be registered at the NSW Land Registry Services within six months. Under the...
by Allison | Sep 15, 2019 | Levies, Levies, News & Publications, NSW, Strata Disputes, Strata Disputes
The short answer is yes, but only in extremely limited circumstances, and in practice, it is difficult and highly unusual. Contributions must be in accordance with unit entitlement Each year an owners corporation prepares a budget in anticipation of the funds they...
by Allison | Sep 2, 2019 | NSW
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...