News & Publications
Neighbours A Nuisance? What Are Some Of The Types Of Actionable Nuisance?
Following on from our article about what constitutes a nuisance, which can be read here, this article discusses common forms of nuisance that occur in strata schemes being second-hand smoke, light, and noise intrusions from neighbouring properties. Smoke Penetration...
The Creeping Boundaries of Common Property
The Basics of Common Property Boundaries The basic rule is that the common property of a strata scheme is anything not designated as belonging to a lot. Lot property boundaries are defined by the lines marked on the Strata Plan that indicate walls, ceilings and...
Neighbours a Nuisance? What Can You Do? A Step-by-Step Guide
Neighbours can be a nuisance. However, sometimes this nuisance can be more than a mere inconvenience. In such circumstances there are steps (both legal and non-legal) you can take to resolve such interferences. In this article you will find some general advice on how...
LJS Article – Toothpaste For The Toothless: Why Stricter Rules Are Not Enough For Strata Misconduct
The strata management industry has been rocked by similar allegations to those investigated by the Hayne Commission with respect to the banking, superannuation and financial services industry. Since the Hayne Commission reforms, consumer confidence in the financial...
Strata Building Bond Increases to 3%
The Building Legislation Amendment Act 2023 (BLA Act) was passed by the NSW Parliament on 21 November 2023. The BLA Act inter alia amends the Strata Schemes Management Act 2015 (NSW) (SSMA) such that the building bond amount of 2 per cent of the contract price will...
Disagree With A Strata Committee Decision? What Can You Do?
This question was inadvertently raised, and answered in the recent case of Gill v The Owners – Strata Plan No. 17913 [2024] NSWCATAP 37. The decision also provided some guidance on applications to remove a strata committee member. In the case, Ms Gill, seemingly...
Neighbour Problems: How To Deal With Them And What To Do
Our Allison Benson was recently quoted in a Sydney Morning Herald article dated 24 February 2024 which provides examples of unreasonable noise complaints and how to communicate effectively with neighbours to find solutions and what to do if you cannot resolve the...
2024 Strata Impact Conference
We are pleased to announce that Allison will be speaking on a panel at the inaugural 2024 Strata Impact Conference hosted by Strata Knowledge Langham, Gold Coast on 1 & 2 August 2024. The conference will be a gathering of research visionaries, thought leaders, and...
A Bureaucracy is Required – Property Developers Bill 2023
On Thursday 30 November 2023 the Property Developers Bill 2023 (Bill) was tabled before the Australian Capital Territory Legislative Assembly and referred to the Standing Committee on Planning, Transport, and City Services (Committee). Click here to access the Bill....
ABC Investigation on the Strata Management Industry
ABC Investigation on the Strata Management Industry The ABC has made a number of allegations in relation to the practices of Netstrata in relation to insurance commissions, fees, kickbacks, etc. To read the ABC article, click here. Kerin Benson Lawyer's...
ACAT Decision on Discrimination
The decision of DT 152023 v AB & ANOR (Discrimination) [2023] ACAT 82 provides some guidance for strata managers on what constitutes unlawful discrimination in the context of apartment living. Please click here to access a summary of the decision. This is...
Property Developer’s Bill 2023
On Thursday 29 February 2024 Kerin Benson Lawyers made a submission to the Inquiry into the Property Developers Bill 2023. Please click here to access the submission. On Thursday 7 March 2024 Christopher Kerin appeared before the ACT Legislative Assembly’s Standing...