by Allison | Jun 19, 2023 | By-Laws, News & Publications, NSW
Owners corporations should take care when they amend existing by-laws. The simple decision to delete a word, or add in a word, if not done with consideration to the entire by-law and/or by-laws for scheme, can render a by-law invalid or unenforceable. Here are some...
by Allison | Jun 19, 2023 | By-Laws, News & Publications, NSW, Strata Disputes
In the relatively recent case of Bruce v The Owners – Strata Plan No. 98803 [2022] NSWCATCD 83, the Tribunal has determined that Option B of By-law 5 Keeping of Animals in Sch 3 of the SSMR 2016 does not limit a lot owner to one animal. Background In June 2021, the...
by Allison | May 14, 2023 | By-Laws, News & Publications, NSW, Strata Disputes
Chances are your strata scheme is ruled by a set of model by-laws. If that is the case, the appearances by-law will contain a paragraph in terms similar to the following: The owner or occupier of a lot must not, without the written consent of the Owners Corporation,...
by Allison | Apr 13, 2023 | By-Laws, News & Publications, NSW, Recent News, Strata Disputes
In the recent case of Franklin v The Owners—Strata Plan No. 87497 [2022] NSWCATCD 210, the applicant was an owner of a lot in the scheme. The scheme had 87 residential lots and 13 utility lots, and the scheme was previously an aged care facility. The by-law in...
by Allison | Jan 15, 2023 | By-Laws, Fact Sheets, News & Publications, NSW
Second-hand smoke is a known cause of cancer and any level of exposure is unsafe. Allowing more people to live smoke-free by reducing their exposure to second-hand smoke is a priority for Cancer Council NSW. Residents of apartment buildings are more at risk of...
by Allison | Jan 15, 2023 | By-Laws, News & Publications, NSW
According to the recent case of Norman v The Owners Strata Plan No 60182 [2022] NSWCATCD 152, they are not. The applicant in the matter sought orders that the flooring by-law, which was made in November 2006, be invalidated as it stated that owners must not carry out...
