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Bathroom Renovations – Specific By-Laws v Generic By-Laws

by Allison | Jan 17, 2022 | By-Laws, News & Publications, NSW, Strata Disputes

Section 108 of the Strata Schemes Management Act 2015 requires the adoption of a special by-law before an individual lot owner can carry out works affecting common property. The purpose of a by-law under section 108 is mainly to: identify the works involving common...

When is an Owners Corporation not Required to Repair and Maintain Common Property?

by Allison | Dec 8, 2021 | By-Laws, News & Publications, NSW, Strata Disputes

As the owner of common property, an Owners Corporation has a strict and ongoing responsibility to repair and maintain common property. This duty is set out in section 106 of the Strata Schemes Management Act 2015. However there are circumstances in which an Owners...

Functioning during the Initial Period of an Owners Corporation

by Allison | Oct 13, 2021 | By-Laws, News & Publications, NSW

The initial period for an owners corporation of a strata scheme commences the date the strata plan is constituted, which is the same date the strata plan is registered, and ends on the day when there are owners of lots in the scheme (other than the original owner)...

Are Administrative Fees In By-Laws Valid?

by Allison | Sep 14, 2021 | By-Laws, News & Publications, NSW, Recent News, Strata Disputes

According to the Tribunal in Roden v The Owners – Strata Plan No. 55773 [2021] NSWCATCD 61, the answer to this question in yes, as long as the administrative fee is necessary and reasonable. In this matter, Mr Roden sought an order under s 150 of the Strata Schemes...

Keeping of Animals in Strata Schemes – an Ongoing Saga

by Allison | Sep 8, 2021 | By-Laws, Legal Alert, News & Publications, NSW, Recent News, Rules, Strata Disputes

In the most recent development on keeping of animals in strata schemes, s 137B of the Strata Schemes Management Act 2015 came into effect on 25 August 2021. Our Allison Benson has written an article about this new section here. In addition, clause 36A of the Strata...

I have my draft by-law, what happens next? FAQ’s about the by-law process

by Allison | Aug 10, 2021 | By-Laws, News & Publications, NSW

Whether you’re new to strata title or have been involved for a number of years, the process of having a by-law drafted, passed and registered can often be daunting and sometimes confusing. We’ve summarised three of the frequently asked questions we receive from...
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Recent News & Publications

  • Case Note: Craven & Gilks v The Owners – Units Plan No 2839 (Appeal) [2023] ACAT 4
  • Case Note: Cheetham & Ors v The Owners – Units Plan No 503 & Ors (Unit Titles) [2019] ACAT 90
  • Case Note. Leonard & Anor v Michie & Ors (Unit Titles) [2019] ACAT 14
  • SMH Article: Barking dogs, prams and air-con: What Sydney’s apartment dwellers fight about
  • NSW Strata Reforms Taking Effect Soon

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