by Allison | Aug 15, 2022 | By-Laws, News & Publications, NSW, Strata Disputes
The by-laws for a strata scheme are binding upon the owners corporation, owners and occupiers. If an owner or occupier breaches any of the strata scheme’s by-laws, the owners corporation can take steps to enforce those by-laws. Before commencing proceedings, we...
by Allison | Jun 14, 2022 | By-Laws, Case Review, News & Publications, NSW
The Appeal Panel in Kaye v The Owners – SP 4350 [2022] NSWCATAP 173 (Kaye) have provided a number of reasons why an owners corporation was reasonable in refusing to make a common property rights by-law. In that case, a lot owner requested that the Owners Corporation...
by Allison | Jun 14, 2022 | Levies, NSW, Strata Disputes
Although only a local court assessor’s matter, the case of The Owners – Strata Plan No 52098 v Khalil [2014] NSWLC 2 stands for not putting legal costs onto a lot’s ledger until they have been either the subject of a costs order in the Tribunal or a court....
by Allison | May 15, 2022 | News & Publications, NSW, Strata Disputes
Mould within homes is a common, though potentially hazardous, occurrence. Generally, mould is caused by: Condensation Elevated humidity Insufficient building ventilation Household clutter Inadequate bathroom and laundry ventilation. If mould is left untreated, there...
by Allison | May 15, 2022 | By-Laws, News & Publications, NSW
In the recent case of Stocker v The Owners – Strata Plan No. 6622 [2022] NSWCATCD 31, the Tribunal considered whether works carried out by a lot owner were cosmetic works, or minor renovations, or works that were not cosmetic works or minor renovations, and the type...
by Allison | May 15, 2022 | By-Laws, News & Publications, NSW
Works that are not cosmetic works or minor renovations, commonly referred to as major works, are more serious works to the common property. You will need a by-law for these works to be authorised. This requires a special resolution to be passed at a general meeting of...