by Allison | May 11, 2021 | By-Laws, News & Publications, NSW
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...
by Allison | May 11, 2021 | News & Publications, NSW, Strata Disputes
An owners corporation can recover a contribution when it has not been paid one month after it became due and payable. Interest payable on that unpaid contribution and the reasonable expenses of the owners corporation incurred in recovering those amounts can also be...
by Allison | Apr 14, 2021 | News & Publications, NSW, Recent News, Strata Disputes
This question was considered in the case of Dehsabzi v The Owners Corporation – Strata Plan No 83556 [2020] NSWCATAP 142. In this case, the Dehsabzis wanted to change the use of their lot from an office premises to enable them to operate a Domino’s Pizza restaurant...
by Allison | Apr 14, 2021 | News & Publications, NSW, Strata Disputes
The Strata Schemes Management Act 2015 requires, at section 153, that lot owners and occupants must not cause a nuisance. But, what is a nuisance and when does annoying behaviour cross the line into constituting an actionable nuisance? A nuisance could be created by...
by Allison | Mar 10, 2021 | By-Laws, Legal Alert, News & Publications, NSW, Recent News, Strata Disputes
In an update to the Cooper decision (which Allison discussed in the Law Society Journal – the link to which is here, a new case on animals in strata schemes was reported on by Jimmy Thomson and Sue Williams on 6 March 2021 in Domain with a puzzling and unexpected...
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...
