by Allison | Nov 18, 2020 | Fact Sheets, Factsheets, News & Publications, NSW, Rules, Strata Disputes
A fence servicing a strata scheme could be owned by any number of people. To determine ownership and therefore responsibility, the first step is to consult the strata plan. If the fence is located within the air space of a lot but is not shown on the strata plan, then...
by Allison | Oct 23, 2020 | Case Review, Fact Sheets, News & Publications, NSW, Rules, Strata Disputes
This was the question determined by NCAT’s Appeal Panel on 3 June 2020 in Chehelnabi v Gourmet and Leisure Holdings Pty Ltd [2020] NSWCATAP 102 (03 June 2020). In the first instance, the appellants sought orders from the Tribunal to improve the alleged noises, smells...
by Allison | Oct 23, 2020 | News & Publications, NSW, Rules, Strata Disputes
Seemingly without warning, as of 1 July 2020 section 125 of Strata Schemes Management Act 2015 and clauses 32 to 34 of the Strata Schemes Management Regulations 2016 which regulated the disposal of abandoned goods on common property were repealed. The legislation that...
by Allison | Sep 29, 2020 | By-Laws, Fact Sheets, News & Publications, NSW, Rules
The process to authorise major works in a lot within a strata scheme can be complex and it normally involves the adoption of a special by-law making the lot owner responsible for any damages to the portion of common property affected by the works. Under section 111(b)...
by Allison | Sep 29, 2020 | Fact Sheets, News & Publications, NSW, Rules
When will you encounter BMCs? You will find Building Management Committees (“BMCs”) in stratum developments (also called part strata plan developments). Land can be subdivided by a strata plan or by a part strata plans. In subdivision by a strata plan, the land and...
by Allison | Sep 14, 2020 | By-Laws, Case Review, NSW, Rules, Strata Disputes
Can a by-law make some by not all lot owners responsible for common property costs? And can the Tribunal make orders requiring an owners corporation repay contributions? The Appeal Panel in The Owners – Strata Plan No 76830 v Byron Moon Pty Limited [2020] NSWCATAP 186...
