News & Publications
When is an Owners Corporation not Required to Repair and Maintain Common Property?
As the owner of common property, an Owners Corporation has a strict and ongoing responsibility to repair and maintain common property. This duty is set out in section 106 of the Strata Schemes Management Act 2015. However there are circumstances in which an Owners...
What Are The Principles Applied By The Tribunal In The Re-Allocation Of Unit Entitlements?
Unit entitlements are determined at the time a strata plan is registered and are important for many reasons, including the effect it has on voting rights and the payment of levies. Section 236 of the Strata Schemes Management Act 2015 (Act) provides that the NSW Civil...
Collaborative Housing: The New Kid on the Block
Collaborative housing is an umbrella term for housing models that prioritise community-building, affordability, resource-sharing and resident participation. These models are becoming increasingly relevant in a housing market with limited options. Our Allison Benson...
What Types Of Documents Must An Owners Corporation Produce Upon Request?
In the case of Abraham v The Owners Strata Plan No. 61419 [2021] NSWCATCD 7, Ms Abraham filed an application alleging that some documents were not made available to her following a request to inspect the records of the scheme and sought an order that these documents...
Functioning during the Initial Period of an Owners Corporation
The initial period for an owners corporation of a strata scheme commences the date the strata plan is constituted, which is the same date the strata plan is registered, and ends on the day when there are owners of lots in the scheme (other than the original owner)...
Construct NSW Report: What Were The Key Findings? And Are They A Surprise?
The NSW Office of the Building Services Commission and Strata Community Association NSW (SCA) partnered up to obtain information on building defects in NSW class 2 (residential) strata buildings. The report, Construct NSW: Improving Consumer Confidence, was released...
Access Arrangements In The Time Of COVID: Do You Need To Give Access To Workers Engaged By The Owners Corporation?
The Strata Schemes Management Act 2015 (NSW) at section 122 sets out what authority an owners corporation has to enter any part of the scheme. Basically, an owners corporation (and it’s agents or contractors) is authorised to enter any part of the strata scheme to...
KBL Guide To Voting Using Zoom For Strata Managers
In light of the ongoing Covid-19 pandemic, electronic general meetings have become more important than ever before. We have created this guide to voting using zoom for strata managers to assist in the conduct of these meetings - KBL Guide to voting using zoom for...
Are Administrative Fees In By-Laws Valid?
According to the Tribunal in Roden v The Owners – Strata Plan No. 55773 [2021] NSWCATCD 61, the answer to this question in yes, as long as the administrative fee is necessary and reasonable. In this matter, Mr Roden sought an order under s 150 of the Strata Schemes...
Keeping of Animals in Strata Schemes – an Ongoing Saga
In the most recent development on keeping of animals in strata schemes, s 137B of the Strata Schemes Management Act 2015 came into effect on 25 August 2021. Our Allison Benson has written an article about this new section here. In addition, clause 36A of the Strata...
I have my draft by-law, what happens next? FAQ’s about the by-law process
Whether you’re new to strata title or have been involved for a number of years, the process of having a by-law drafted, passed and registered can often be daunting and sometimes confusing. We’ve summarised three of the frequently asked questions we receive from...
Short Term Letting – an update
As many readers will be well aware (possibly from unfortunate and adverse experiences!), changes in technology resulting in easier bookings have led to ever increasing demands for short term rental accommodation (STRA) for holiday purposes. This demand led the NSW...