by Allison | May 14, 2023 | News & Publications, NSW, Recent News, Strata Disputes
When is a by-law harsh, unconscionable or oppressive? Our Allison Benson discussed some of the recent cases for Look Up Strata on 20 April 2023. The link to the presentation is here in case you missed it.
by Allison | May 14, 2023 | By-Laws, News & Publications, NSW, Strata Disputes
Chances are your strata scheme is ruled by a set of model by-laws. If that is the case, the appearances by-law will contain a paragraph in terms similar to the following: The owner or occupier of a lot must not, without the written consent of the Owners Corporation,...
by Allison | May 14, 2023 | News & Publications, NSW, Recent News, Strata Disputes
In the recent case of Haramis v The Owners – Strata Plan No. 51923 [2023] NSWCATCD 15, a lot owner sought an order from the Tribunal for the Owners Corporation to carry out work to a common property wall and its enclosed pipework to prevent or reduce noise...
by Allison | Apr 13, 2023 | By-Laws, News & Publications, NSW, Recent News, Strata Disputes
In the recent case of Franklin v The Owners—Strata Plan No. 87497 [2022] NSWCATCD 210, the applicant was an owner of a lot in the scheme. The scheme had 87 residential lots and 13 utility lots, and the scheme was previously an aged care facility. The by-law in...
by Allison | Mar 14, 2023 | News & Publications, NSW, Recent News, Strata Disputes
This question was answered by the NSW Court of Appeal in The Owners – Strata Plan No 74232 v Tezel [2023] NSWCA 35. The Respondent in this case was an owner of a residential lot in the scheme. In 2013, the Respondent noticed water leaking into her lot when it rained...
by Allison | Feb 14, 2023 | News & Publications, NSW, Recent News, Strata Disputes
According to the recent case of The Owners – Strata Plan No. 61285 v Taylor (No. 3) [2023] NSWCATCD 1, the answer is yes. Background The Owners Corporation originally brought proceedings against Mr Taylor to obtain an order that he remove various personal property...
