News & Publications
ACT Case Note: MCMILLAN & ANOR v OWNERS CORPORATION – UNITS PLAN NO 79 (Unit Titles) [2019] ACAT 86
The applicants are unit owners in the respondent’s strata complex consisting of 88 class A units, 84 of which have an entry way comprising a floor to ceiling combined window/door (the window/door). On the upper levels the window/door opens onto a balcony, and on the...
ACT Case Note: VICTORY HOMES PTY LTD v CONSTRUCTION OCCUPATIONS REGISTRAR & ANOR (Administrative Review) [2020] ACAT 53
This application was for review of a decision by the respondent on 22 March 2019 to make a rectification order pursuant to section 38 of the Construction Occupations (Licensing) Act 2004 (COLA) requiring the applicant to take certain stated actions to rectify building...
What to Expect from Your Strata Manager?
What strata owners should expect from their strata managers and what services are and are not included as part of a strata manager’s duties can be a heated topic. The Acts dealing with a strata manager’s functions are analysed below. Under section 3 of the Property...
Can a By-law be Challenged while a Scheme is Under Compulsory Management?
In Morgan-Jones & Ufert v The Owners Strata Plan No 15599 [2019] NSWCATAP 187, the applicants, who owned a lot in the scheme, sought to challenge two of the scheme’s by-laws under section 150 of the Strata Schemes Management Act 2015 while the scheme was under...
Latest Australasian Strata Insights Research has been released by City Futures Research Centre
The latest research from UNSW’s City Futures Research Centre providing an update into strata and community title schemes has been released.
ACT case note: De Gruchy v The Owners – Units Plan No 3989 [2020] ACTSC 65
The plaintiff was the owner of an apartment spanning part of the top two floors of the Nishi Residential Building. At various intervals throughout the day and night, the plaintiff argued that the expansion and contraction of the roof and walls of the building created...
Extended public health emergency declaration period
On 30 April 2020, sections 3 and 111 of the Unit Titles Legislation Amendment Act 2020 and the Unit Titles (Management) Amendment Regulation 2020 (No 1) commenced. The combined effect of the above is that an owners corporation and the executive committee of an owners...
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...