by Allison | Jan 11, 2021 | By-Laws, News & Publications, NSW, Strata Disputes
When is refusal to consent to an amendment of a by-law unreasonable? This was one of the issues raised in the recent case of Gelder v The Owners – Strata Plan No 38308 [2020] NSWCATAP 227 (05 November 2020). Ms Gelder refused to consent to the amendment of Special...
by Allison | Jan 11, 2021 | By-Laws, Legal Alert, News & Publications, NSW, Recent News
The mandatory Code of Conduct for short-term rental accommodation has been finalised and will apply from 18 December 2020. You can view the Code here. Host obligations If you are a host, the obligations imposed on you by the Code include: You must hold insurance for...
by Allison | Nov 26, 2020 | By-Laws, Fact Sheets, News & Publications, NSW, Rules, Strata Disputes
If you’re a strata committee member or strata manager, no doubt at some point a lot owner or occupier will breach a by-law and the suggestion will be made that a notice to comply with the by-law (sometimes called a “breach notice”) be issued to the person who has...
by Allison | Sep 29, 2020 | By-Laws, Fact Sheets, News & Publications, NSW, Rules
The process to authorise major works in a lot within a strata scheme can be complex and it normally involves the adoption of a special by-law making the lot owner responsible for any damages to the portion of common property affected by the works. Under section 111(b)...
by Allison | Sep 14, 2020 | By-Laws, Case Review, NSW, Rules, Strata Disputes
Can a by-law make some by not all lot owners responsible for common property costs? And can the Tribunal make orders requiring an owners corporation repay contributions? The Appeal Panel in The Owners – Strata Plan No 76830 v Byron Moon Pty Limited [2020] NSWCATAP 186...
