Does a Common Property Memorandum or Exclusive Use By-Law Absolve the Owners Corporation of its Duties Under Section 106 of the Strata Schemes Management Act 2015?

This was considered by the Appeal Panel in the recent case of Mastellone v The Owners-Strata Plan No 87110 [2021] NSWCATAP 188. Background In this case, Ms Mastellone appealed one of the orders made by the Tribunal dismissing her claim for painting the ceilings in the...

Clear By-laws – Yes, Please!

By-laws are the rules that govern an owners corporation. All owners and occupiers are required to comply with the by-laws of their strata scheme and as such, it is important that by-laws are clearly drafted and easily interpreted. When by-laws are unclear or...