by Allison | Mar 14, 2023 | News & Publications, NSW, Recent News, Strata Disputes
This question was answered by the NSW Court of Appeal in The Owners – Strata Plan No 74232 v Tezel [2023] NSWCA 35. The Respondent in this case was an owner of a residential lot in the scheme. In 2013, the Respondent noticed water leaking into her lot when it rained...
by Allison | Feb 14, 2023 | News & Publications, NSW, Recent News, Strata Disputes
According to the recent case of The Owners – Strata Plan No. 61285 v Taylor (No. 3) [2023] NSWCATCD 1, the answer is yes. Background The Owners Corporation originally brought proceedings against Mr Taylor to obtain an order that he remove various personal property...
by Allison | Feb 14, 2023 | News & Publications, NSW
This question is answered in section 31 of the Strata Schemes Management Act 2015 which provides as follows: 31 Persons who are eligible to be appointed or elected to strata committee (1) The following persons are eligible for appointment or election to the strata...
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...
by Allison | Dec 8, 2022 | News & Publications, NSW
The Yuletide season is upon us again! For many this means family, friends, church services, good food, drink and, generally, good times as we celebrate the end of another hopefully productive year and reflect upon the year to come. For others however, the forecast is...