by Allison | Jan 22, 2021 | Case Review, Fact Sheets, Factsheets, Legal Alert, News & Publications, NSW, Rules, Strata Disputes
Picture this: Building works in a development project led to movements of the foundation below an adjoining strata scheme causing extensive damage to an apartment building on that land. The building works involved extensive excavations, a retaining and a shoring wall...
by Allison | Jan 22, 2021 | Factsheets, News & Publications, NSW, Rules, Strata Disputes
It is common knowledge that an owners corporation is responsible for the common property in its strata scheme. However, when an owners corporation resolved to replace, rather than repair, the common property roof of one of its buildings the question of the roof ended...
by Allison | Jan 14, 2021 | Building Defects, Fact Sheets, News & Publications, NSW, Strata Disputes
Scott Schedules are often used in building defect matters. They are an important tool that help both the parties and the decision maker focus on the defects being claimed and the quantum of each defect. What is a Scott Schedule? A Scott Schedule is a document that...
by Allison | Jan 11, 2021 | Building Defects, News & Publications, NSW, Strata Disputes
One of the issues that came before the Tribunal in the recent decision of Maygood Australia Pty Ltd v The Owners – Strata Plan No 85338 [2020] NSWCATAP 237 was whether the Tribunal had jurisdiction to determine an application which had been accepted by the Tribunal’s...
by Allison | Jan 11, 2021 | By-Laws, News & Publications, NSW, Strata Disputes
When is refusal to consent to an amendment of a by-law unreasonable? This was one of the issues raised in the recent case of Gelder v The Owners – Strata Plan No 38308 [2020] NSWCATAP 227 (05 November 2020). Ms Gelder refused to consent to the amendment of Special...
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...
