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Are my works “in keeping” with the rest of the building?

by Allison | Feb 6, 2020 | By-Laws, Case Review, NSW, Strata Disputes, Strata Disputes, Uncategorised

Lot owners wishing to do works within their lot, in particular within courtyards or to outside areas of their lots where the works may be seen, might wonder whether it is necessary to seek permission from their owners corporation to carry out those works. In some...

Successful litigant but still liable for costs? What! How the Strata Schemes Management Act makes litigants liable

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...

‘No pets’, no more? – recent updates on keeping pets in strata schemes

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...

What happens if you are an affected lot owner and you don’t challenge the repeal of an exclusive use by-law in time?

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A by-law for a strata scheme can only be made, amended or repealed if it is passed by special resolution at a properly convened general meeting.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...

Levies: can contributions be varied?

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...
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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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