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Unreasonable Refusal to Make a Common Property Rights By-Law

by Allison | Nov 14, 2022 | By-Laws, News & Publications, NSW, Strata Disputes

The matter of Kaye v The Owners – Strata Plan No 4350 [2022] NSWSC 1386 (Kaye) was an appeal from the Appeal Panel to the Supreme Court. The Supreme Court considered whether an Owners Corporation had unreasonably refused to make a common property rights by-law. The...

Case Note – The Owners – Strata Plan No. 19410 v King atf The Cascade Trust [2022] NSWCATAP 326

by Allison | Nov 14, 2022 | News & Publications, NSW, Strata Disputes

In the recent case of The Owners – Strata Plan No 19410 v King atf the Cascade Trust [2022] NSWCATAP 326, the Owners Corporation appealed a decision made by the Tribunal that it undertake specified repairs to prevent water ingress to the second bedroom in one of the...

Strata Renovations: The Importance of a Good By-Law

by Allison | Nov 14, 2022 | By-Laws, News & Publications, NSW

Lot owners are often referred to us by their strata manager when they want to renovate their lot. The reason is that the work will involve waterproofing, involves structural elements, changes the external appearance of a lot or may require consent under other...

My By-Law Has Been Passed – What Next?

by Allison | Oct 17, 2022 | By-Laws, News & Publications, NSW

Once your by-law has been passed by special resolution at a general meeting of the Owners Corporation, there is one more step you will need to undertake before your by-law is enforceable: Registration. This step is often forgotten as many lot owners assume that having...

When Will The Tribunal Make An Order To Appoint A Compulsory Strata Manager?

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

In the case of Dunstan v The Owners – Strata Plan No. 79749, an order was made to appoint a compulsory strata manager for a 12 month period to exercise all functions of the Owners Corporation and strata committee. The strata scheme consists of 13 units built in 2008....

“NOT SO IRON CLAD” – Strata Plan No 92450 v JKN Para 1 Pty Ltd & Anor [2022] NSWSC 958

by Allison | Sep 13, 2022 | BCA Compliance, Building Defects, News & Publications, NSW

Background Facts The Owners- Strata Plan No 92450 (owners corporation) commenced proceedings against the developer (JKN Para 1 Pty Ltd) (JKN) and builder (Toplace Pty Ltd) (Toplace) regarding, amongst other defects, what it alleged to be combustible aluminium...
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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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