News & Publications
City Futures Research Centre Guide To Navigating Building Defects
Both Ross Taylor, who together with our Chris Kerin conducted an interview with David Chandler the NSW Building Commissioner on the topic of residential development regulation reforms in NSW, and our Allison Benson have contributed to a guide to navigating building...
NSW Building Commissioner Sets Residential Developers In His Sights
In March 2021, Christopher Kerin and Ross Taylor from Ross Taylor & Associates had a discussion with David Chandler, the NSW Building Commissioner, on the topic of residential development regulation reforms in NSW. The two key pieces of legislation discussed were...
Case Note: The Owners – Units Plan No 1475 v Davidson & Anor (Appeal) [2022] ACAT 10
On 8 February 2022 the ACAT Appeal Tribunal handed down it’s long awaited decision on the issue of providing the corporate register to a lot owner pursuant to section 119 of the Unit Titles (Management) Act 2011 (the UTMA). Kerin Benson Lawyers acted for the...
COVID-19 Signing Provisions Extended
The NSW Registrar General has extended the temporary rules allowing the electronic signing of a number of land registry instruments. The Conveyancing Rules (COVID-19) Amendment (Version 2) – December 2021 was published on 21 December 2021 and extends provisions that...
Bathroom Renovations – Specific By-Laws v Generic By-Laws
Section 108 of the Strata Schemes Management Act 2015 requires the adoption of a special by-law before an individual lot owner can carry out works affecting common property. The purpose of a by-law under section 108 is mainly to: identify the works involving common...
CCTV – Who is Watching?
In the recent case of Stojilkovic v Whittle [2021] NSWCATCD 97, the Tribunal had to consider whether CCTV cameras placed on the common property constituted interference with the reasonable use of a lot or the common property. After a history of conflict between the...
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...