News & Publications
COVID-19: Changes to short-term letting legislation since 3 April 2020 – Code of Conduct shelved & government directives on short-term letting
This article is an update on an article written by Allison Benson on short-term letting on 2 April 2020.read more
One of the many questions that is, or will soon be, on the minds of owners corporations and strata managing agents is how documents or agreements will be signed during the COVID-19 pandemic in light of the above order.read more
Due to the COVID-19 emergency and to its financial impact on the global economy, a growing number of strata schemes are considering reducing the level of levies to be raised for their administrative and capital works funds.
However, it is important to note that strict procedures are set out in the Strata Schemes Management Act 2015 to determine the amount of levies payable by a strata scheme each year.
This was developed as strata managers and our strata team had been receiving calls and emails from lot owners who did not know when a by-law was required. This tool, should we hope, simplify the matter.
One question that it does not answer, is whether a reverse cycle air conditioning unit needs a by-law.
The answer is – it depends. If the condenser unit can be seen from outside the lot then section 110(7) of the Strata Schemes Management Act 2015 means that it is not a ‘minor renovation’ and a by-law is required.
Local ACT Builder Banyan Constructions Pty Ltd, was put into liquidation on 20 January 2020. This is likely to have significant repercussions for the owners of residential units built by Banyan Constructions in the last 5 years.read more
COVID-19 and the efforts to protect lives are currently dominating the lives of Australians, what does that mean for people living in strata buildings?read more
Most strata schemes will be subject to a by-law dealing with appearances but what is “in keeping with the rest of the building”? The decision of Barnes dealt with the appearances by-law that most strata schemes have in place.read more
Successful litigant but still liable for costs? What! How the Strata Schemes Management Act makes litigants liable
Owners Corporations and lot owners considering taking legal action against one another should carefully consider the jurisdiction in which they commence proceedings. For most matters the NSW Civil and Administrative Tribunal (NCAT) will be the appropriate jurisdiction...read more
In the recent cases of Yardy v Owners Corporation SP 57237  NSWCATCD 19 (decided on 19 February 2018), McCormick & McGinness v The Owners – Strata Plan No. 2371 (decided on 9 October 2018) and most recently a matter relating to The Elan building in Kings...read more
What happens if you are an affected lot owner and you don’t challenge the repeal of an exclusive use by-law in time?
What happens if you are an affected lot owner and you don’t challenge the repeal of an exclusive use by-law in time? Keep reading to see what happened in- Khadivzad v The Owners – Strata Plan 53457read more
Each year an owners corporation prepares a budget in anticipation of the funds they need to raise in order to cover the expenses of the administration of the owners corporation and funds to maintain the common property, see section 79 of the Strata Schemes Management Act 2015. The owners corporation must levy on lot owners contributions in shares proportional to the unit entitlement of the lot owners’ respective lots. This obligation, which is pursuant to section 83(2) of the Act, is strict, and parties cannot contract out (i.e. make an agreement) of this obligation because it is a statutory obligation. However, there is scope to vary this in three very limited waysread more
The NSW government has taken the view that short-term rental accommodation (STRA) can result in economic benefits, such benefits must be balanced against the associated impacts to neighbouring owners or communities caused by the inconsiderate or anti-social behaviour of guests under STRA arrangements.read more