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Case Note – GARCIA v THE OWNERS – UNITS PLAN 10 (Unit Titles) [2017] ACAT 91

by Chris | Jul 1, 2021 | ACT, Case Review, News & Publications, Strata Disputes

The applicant is the owner of a unit in Units Plan 10. In August 2014, the property manager of the applicant notified the respondent of a leak outside the kitchen of the applicant’s unit. The respondent then engaged plumbers to investigate the problem to remedy it and...

Are Age Restriction Rules Valid?

by Allison | Mar 10, 2021 | Case Review, Legal Alert, News & Publications, NSW, Rules

This was one of the questions before the Appeal Panel in the case of YBOS Pty Ltd t/as BIG4 Tweed Billabong Holiday Park v Creek [2020] NSWCATAP 284. The case related to a dispute concerning a community rule which provided an age restriction as follows: “The age...

Can A Lot Owner Refuse Consent To The Repeal Of A By-Law After Agreeing To It At Mediation?

by Allison | Mar 10, 2021 | By-Laws, Case Review, News & Publications, NSW, Recent News, Strata Disputes

This was one of the issues before the Appeal Panel in the recent case of Macey’s Group Pty Ltd v Owners – Strata Plan No 33591 [2021] NSWCATAP 7. The case concerned an appeal against orders made by the Tribunal under section 149 of the Strata Schemes Management Act...

What happened when a Building was Damaged from the Excavations next Door?

by Allison | Jan 22, 2021 | Case Review, Fact Sheets, Factsheets, Legal Alert, News & Publications, NSW, Rules, Strata Disputes

Picture this: Building works in a development project led to movements of the foundation below an adjoining strata scheme causing extensive damage to an apartment building on that land.  The building works involved extensive excavations, a retaining and a shoring wall...

Harsh, Unconscionable, Oppressive: Angus Has the Last Bark on Strata By-law

by Allison | Nov 19, 2020 | By-Laws, Case Review, Fact Sheets, Legal Alert, News & Publications, NSW, Recent News, Rules, Strata Disputes, Uncategorised

Why it is important to Pay your Strata Levies on Time: Consequences for Late or Non-Payment

by Allison | Nov 18, 2020 | Case Review, Fact Sheets, Levies, News & Publications, NSW, Rules, Strata Disputes

All owners of a lot in a strata scheme must pay contributions levied on them in accordance with the schedule determined at the annual general meeting of the owners corporation for that year (and any special contributions determined during the year). Usually, the...
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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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