by Chris | Mar 27, 2019 | ACT, By-Laws, Legal Alert, News & Publications, NSW, Recent News, Strata Disputes, Strata Disputes
Leonard & Anor v Michie & Ors (Unit Titles) [2019] ACAT 14 is a recent decision by ACAT which was determined on 31 January 2019. It is of interest to strata managers given it is the only decision of any jurisdiction in the ACT which considers allegations of...
by Chris | Mar 27, 2019 | By-Laws, Legal Alert, News & Publications, NSW, Recent News, Strata Disputes
In the matter of Cestaro v The Owners – Strata Plan No. 457 NSW Civil and Administrative Tribunal of 12 February 2019 (unreported), it was held that security bars affixed to the external windows of a lot were common property. The lot owner applicant alleged that...
by Allison | Jan 8, 2018 | Building Defects, Case Review, Legal Alert, News & Publications, NSW, Recent News, Strata Disputes
The NSW Civil & Administrative Tribunal’s Appeal Panel today handed down a decision that will significantly affect a number of lot owners and owners corporations. The decision was that of The Owners – Strata Plan No 30521 v Shum [2018] NSWCATAP 15. In the case...
by Allison | Sep 21, 2017 | Building Defects, Case Review, Legal Alert, News & Publications, NSW, Recent News, Strata Disputes
Section 106 of the Strata Schemes Management Act 2015 (NSW) (the 2015 Act) establishes the strict liability of an owners corporation to maintain and repair its common property in the same terms as section 62 of the Strata Schemes Management Act 1996 (NSW) (the 1996...
by Allison | Feb 18, 2015 | Case Review, Legal Alert, NSW, Recent News, Strata Disputes
Section 62 of the Strata Schemes Management Act 1996 (NSW) establishes the strict liability of an owners corporation to maintain and repair its common property. The ability of a lot owner to sue for damages for a breach of section 62 was however limited by the...
by Allison | Feb 18, 2015 | ACT, Legal Alert, Levies, Levies, NSW, Recent News
Once judgment is obtained against a debtor lot owner, there are various enforcement options that may be canvassed by the owners corporation. If the judgment debt (which includes interest and legal costs) is $5,000 or more, one of the enforcement options open to owners...
