by Allison | Feb 18, 2015 | Case Review, Legal Alert, NSW, Recent News, Strata Disputes
Section 62 of the Strata Schemes Management Act 1996 (NSW) establishes the strict liability of an owners corporation to maintain and repair its common property. The ability of a lot owner to sue for damages for a breach of section 62 was however limited by the...
by Allison | Dec 8, 2014 | Case Review, NSW, Strata Disputes
The NSW Court of Appeal has upheld a decision of the Supreme Court in favour of owners corporations. The case of 2 Elizabeth Bay Road Pty Ltd v The Owners – Strata Plan No 73943 is the latest win in a series of cases where the developers and builders have...
by Allison | Dec 1, 2014 | ACT, Legal Alert, NSW, Strata Disputes, Strata Disputes
There has been a recent spate of Land Access and Activity Notices (LAAN) being issued to owners corporations by telecommunications companies, requiring access to strata plans either to inspect the premises or to install telecommunications facilities and equipment,...
by Allison | Oct 26, 2014 | ACT, Case Review, NSW, Strata Disputes, Strata Disputes
It is no secret that the Australian Privacy Principles (APP), found in Schedule 1 of the Privacy Act 1988 (Cth), impose restrictions on organisations and individuals, like strata managers, in relation to the collection, use and disclosure of personal information. In...
by Allison | Jul 15, 2014 | ACT, Case Review, NSW, Strata Disputes, Strata Disputes
When recovering strata levies or defending an application by a lot owner in respect of the validity of a meeting, it is essential that you have good processes in place and can demonstrate that you have followed these processes when sending meeting notices and levy...
by Allison | Jun 29, 2014 | ACT, Case Review, NSW, Strata Disputes, Strata Disputes
Many commercial contracts, including those between building managers, facilities managers, caretakers, strata managers and Owners Corporations, have a clause buried towards the end of the contract that sets out a process for resolving disputes. In my experience it is...
