News & Publications
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...
Exclusive use by-law, strata plan of subdivision, licence or lease – which is better? Part 2
There are generally four ways for a lot owner to gain use of a common property space such as a parking space, courtyard or roof space. These are by way of: an exclusive use by-law, registering a strata plan of subdivision, entering into a licence of the common...
Private Buildings Cladding Scheme launched in the ACT
The ACT Government announced the Private Buildings Cladding Scheme (the Scheme) on 21 July 2021 to assist owners corporations of eligible Class 2 (residential apartment) or mixed use (residential apartment and other uses) buildings in the ACT to test whether their...
Does a Common Property Memorandum or Exclusive Use By-Law Absolve the Owners Corporation of its Duties Under Section 106 of the Strata Schemes Management Act 2015?
This was considered by the Appeal Panel in the recent case of Mastellone v The Owners-Strata Plan No 87110 [2021] NSWCATAP 188. Background In this case, Ms Mastellone appealed one of the orders made by the Tribunal dismissing her claim for painting the ceilings in the...
Understanding the Law, and NCAT Practice and Procedures – Know Your Stuff!
While the main objective of the NSW Civil and Administrative Tribunal (NCAT) is to provide a simple, quick, and effective process for resolving disputes, it is important for you to understand the law applicable to your claim, as well as the practice and procedures in...
Exclusive Use By-Law, Strata Plan of Subdivision, Licence or Lease – Which Is Better? Part 1
There are generally four ways for a lot owner to gain use of a common property space such as a parking space, courtyard or roof space. These are by way of: an exclusive use by-law, registering a strata plan of subdivision, entering into a licence of the common...