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Notice to Comply with By-laws: How to Ensure the Notice Satisfies the Requirement for Penalty Orders

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...

Harsh, Unconscionable, Oppressive: Angus Has the Last Bark on Strata By-law

by Allison | Nov 19, 2020 | By-Laws, Case Review, Fact Sheets, Legal Alert, News & Publications, NSW, Recent News, Rules, Strata Disputes, Uncategorised

Why it is important to Pay your Strata Levies on Time: Consequences for Late or Non-Payment

by Allison | Nov 18, 2020 | Case Review, Fact Sheets, Levies, News & Publications, NSW, Rules, Strata Disputes

All owners of a lot in a strata scheme must pay contributions levied on them in accordance with the schedule determined at the annual general meeting of the owners corporation for that year (and any special contributions determined during the year). Usually, the...

Who is Responsible for Fixing The Fence?

by Allison | Nov 18, 2020 | Fact Sheets, Factsheets, News & Publications, NSW, Rules, Strata Disputes

A fence servicing a strata scheme could be owned by any number of people. To determine ownership and therefore responsibility, the first step is to consult the strata plan. If the fence is located within the air space of a lot but is not shown on the strata plan, then...

Was the Noise from the Café Downstairs a ‘Nuisance’?

by Allison | Oct 23, 2020 | Case Review, Fact Sheets, News & Publications, NSW, Rules, Strata Disputes

This was the question determined by NCAT’s Appeal Panel on 3 June 2020 in Chehelnabi v Gourmet and Leisure Holdings Pty Ltd [2020] NSWCATAP 102 (03 June 2020). In the first instance, the appellants sought orders from the Tribunal to improve the alleged noises, smells...

Disposal of Abandoned Goods on Common Property

by Allison | Oct 23, 2020 | News & Publications, NSW, Rules, Strata Disputes

Seemingly without warning, as of 1 July 2020 section 125 of Strata Schemes Management Act 2015 and clauses 32 to 34 of the Strata Schemes Management Regulations 2016 which regulated the disposal of abandoned goods on common property were repealed. The legislation that...
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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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