by Allison | May 11, 2021 | News & Publications, NSW, Strata Disputes
An owners corporation can recover a contribution when it has not been paid one month after it became due and payable. Interest payable on that unpaid contribution and the reasonable expenses of the owners corporation incurred in recovering those amounts can also be...
by Allison | Apr 14, 2021 | News & Publications, NSW, Recent News, Strata Disputes
This question was considered in the case of Dehsabzi v The Owners Corporation – Strata Plan No 83556 [2020] NSWCATAP 142. In this case, the Dehsabzis wanted to change the use of their lot from an office premises to enable them to operate a Domino’s Pizza restaurant...
by Allison | Apr 14, 2021 | News & Publications, NSW, Strata Disputes
The Strata Schemes Management Act 2015 requires, at section 153, that lot owners and occupants must not cause a nuisance. But, what is a nuisance and when does annoying behaviour cross the line into constituting an actionable nuisance? A nuisance could be created by...
by Allison | Apr 14, 2021 | Legal Alert, NSW, Recent News
An amended policy framework for short-term rental accommodation has been introduced that was supposed to take effect on 30 July 2021. However according to recent news reports, the commencement date has now been extended to 1 November 2021. This extension has not yet...
by Allison | Mar 10, 2021 | By-Laws, Legal Alert, News & Publications, NSW, Recent News, Strata Disputes
In an update to the Cooper decision (which Allison discussed in the Law Society Journal – the link to which is here, a new case on animals in strata schemes was reported on by Jimmy Thomson and Sue Williams on 6 March 2021 in Domain with a puzzling and unexpected...
by Allison | Mar 10, 2021 | Fact Sheets, NSW, Strata Disputes
The general common law rule in respect of costs in litigation is that costs follow the event. This means that the unsuccessful party generally pays at least part of the costs of the successful party. The general rule does not apply in the NSW Civil and Administrative...
