News & Publications
Levy Recovery In Strata Schemes
An owners corporation can recover a contribution when it has not been paid one month after it became due and payable. Interest payable on that unpaid contribution and the reasonable expenses of the owners corporation incurred in recovering those amounts can also be...
Does An Owners Corporation Have To Consent To A Development Application Which Does Not Involve A Change To Common Property?
This question was considered in the case of Dehsabzi v The Owners Corporation – Strata Plan No 83556 [2020] NSWCATAP 142. In this case, the Dehsabzis wanted to change the use of their lot from an office premises to enable them to operate a Domino’s Pizza restaurant...
What is a Nuisance?
The Strata Schemes Management Act 2015 requires, at section 153, that lot owners and occupants must not cause a nuisance. But, what is a nuisance and when does annoying behaviour cross the line into constituting an actionable nuisance? A nuisance could be created by...
180 Day Cap on Short-Term Rental Accommodation
An amended policy framework for short-term rental accommodation has been introduced that was supposed to take effect on 30 July 2021. However according to recent news reports, the commencement date has now been extended to 1 November 2021. This extension has not yet...
Harsh, Unconscionable, Oppressive: Does Angus Have the Last Bark After All?
In an update to the Cooper decision (which Allison discussed in the Law Society Journal – the link to which is here, a new case on animals in strata schemes was reported on by Jimmy Thomson and Sue Williams on 6 March 2021 in Domain with a puzzling and unexpected...
Costs In The NSW Civil And Administrative Tribunal
The general common law rule in respect of costs in litigation is that costs follow the event. This means that the unsuccessful party generally pays at least part of the costs of the successful party. The general rule does not apply in the NSW Civil and Administrative...
Are Age Restriction Rules Valid?
This was one of the questions before the Appeal Panel in the case of YBOS Pty Ltd t/as BIG4 Tweed Billabong Holiday Park v Creek [2020] NSWCATAP 284. The case related to a dispute concerning a community rule which provided an age restriction as follows: “The age...
Can A Lot Owner Refuse Consent To The Repeal Of A By-Law After Agreeing To It At Mediation?
This was one of the issues before the Appeal Panel in the recent case of Macey’s Group Pty Ltd v Owners – Strata Plan No 33591 [2021] NSWCATAP 7. The case concerned an appeal against orders made by the Tribunal under section 149 of the Strata Schemes Management Act...
Does The Failure To Disclose Affect An Insurance Claim?
In some situations non-disclosure affects insurance coverage and an insurer may refuse a claim. Failure to disclose to an insurer was one of the key issues in The Owners – Strata Plan No 55682 v W. R. Berkley Insurance (Europe), PLC & Ors [2020] NSWDC 758. In...
Can an interim occupation certificate be used for the purpose of determining the completion date of building works?
This was one of the issues before the Court in the recent case of Dyldam Developments Pty Ltd v The Owners – Strata Plan 85305 [2020] NSWCA 327. Completion of building work occurs on the date of issue of an occupation certificate that authorises the occupation and use...
Tips and Traps for Strata Managers when Completing and Executing Change of By-Law Documents
Changes to by-laws must be registered within six months of the resolution to do so being passed. To avoid any complications, delays or requisitions by the NSW Land Registry Services (for which they generally charge an additional fee) we have compiled this general...
Registering Change of By-laws Electronically
As of 22 March 2021, the NSW Land Registry Services will be requiring consolidation or change of by-laws forms, and change of address forms for owners corporations or associations to be lodged electronically through the PEXA service. Amendments to management...