News & Publications
ACT CASE NOTE: THE OWNERS – UNITS PLAN NO 2983 v SILVANO (Civil Dispute) [2020] ACAT 4
The respondent was the owner of a unit and the applicant was the owners corporation of the units plan. The respondent owed a debt of $18,472.31 in levy arrears. The applicant took steps to recover the debt and subsequently, levy recovery proceedings were commenced in...
ACT CASE NOTE: CERAMIDAS & ANOR v THE OWNERS – UNITS PLAN NO 3488 & ANOR (Unit Titles) [2019] ACAT 13
The applicants were the owners of a unit in Units Plan 3488. One morning when the applicants were not present in the unit, a hose connected to the mains in the toilet cistern broke and water flowed out of the cistern into the apartment and into the common property in...
How Much Noise is Too Much?
In the recent decision of the Appeal Panel of the NSW Civil & Administrative Tribunal (NCAT) in Andelman v Small [2020] NSWCATAP 32, the Appeal Panel considered the provisions of by-law 14 requiring all floor spaces except kitchens, laundries, toilets and...
New Strata and Community Title specific COVID Regulations
Thanks to the Strata Schemes Management Amendment (COVID-19) Regulation 2020, the new section 271A of Strata Schemes Management Act 2020, the Community Lands Amendment (COVID-19) Regulations 20202 and the new section 122A of the Community Lands Management Act 1989, it...
Exemption – Meeting During the Public Health Emergency Declaration Period
On 30 April 2020 sections 3 and 111 of the Unit Titles Legislation Amendment Act 2020 commenced (the remaining provisions of the Unit Titles Legislation Amendment Act 2020 will commence on 1 November 2020) and the Unit Titles (Management) Amendment Regulation 2020 (No...
How to Request a Meeting – Qualified Request
If you’ve been spending more time at home due to COVID-19 restrictions, you may have come to realise that you would like to carry out some works to your lot. Once you’ve obtained a by-law to authorise the works, you will need to have it passed by the owners...
Holding Strata Meetings & Voting in the COVID-19 Era
Many professionals, including strata managers, are still working from home due to the COVID-19’s restrictions. But how does this affect the management of the strata schemes and the holding of general meetings in particular? Strata lot owners may be concerned that due...
How to Enforce Against Unauthorised Works?
Unauthorised works are works to common property that are not cosmetic works, as defined by section 109 of Strata Schemes Management Act 2015, and that a lot owner has undertaken without consent of the owners corporation. Minor renovations, which are defined by section...
How to Position Yourself to Get your By-law Approved by the Owners Corporation
Want to do work or have already done work to your lot and need a by-law? We recommend ensuring your by-law contains sufficient information for the Owners Corporation to be fully informed about your works and also include clauses that sufficiently protect the interests...
Owners Corporation’s Meetings: How to Record Them in Compliance with The Surveillance Devices Act 2007
With many professionals currently adapting to working from home and engaging in online meetings with their clients, it is essential to understand that some prohibitions apply to meetings conducted in person as well as to meetings conducted by electronic means (such as...
Lock Boxes for Welfare Access in Strata Schemes – is it beneficial?
Lock boxes are boxes that are installed on common property within the strata scheme so that keys or passes to access the building or lots can be stored in them. The purpose of installing a lock box for welfare access is to enable emergency services, such as the...
Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020
We recently wrote an article about the changes to legislation which enabled an amendment to be made to the regulations imposed upon witnessing documents. The good news is that changes to the regulations were enacted on 22 April 2020, through the Electronic...