News & Publications
A Termination Order Is Not In Order!
On 24 November 2023, Her Honour Justice Peden gave judgement in The Owners – Strata Plan No 80877 v Lannock Capital 2 Pty Ltd [2023] NSWSC 1401 in the ongoing saga that is well known as Mascot Towers. The background facts are well known from extensive media coverage....
Electing The Strata Committee: How To Vote For Strata Committee Members
In most cases, electing the strata committee is a quick decision made by consensus of the Owners Corporation at the annual general meeting (AGM). But when the issue of appointing strata committee members becomes contentious, the Strata Schemes Management Act 2015 and...
You Don’t Agree With An NCAT Decision? The Requirements Of An Appeal
The Appeal Panel of the NSW Civil and Administrative Tribunal has made it very clear that not agreeing with a decision of the Tribunal does not give you an automatic right to appeal. An appeal to the Appeal Panel does not simply provide a losing party in the Tribunal...
EV Ready – Retrofitting Your Strata Building With EV Charging Infrastructure.
The grants available from the NSW government provide eligible strata apartment buildings funding to retrofit buildings with EV charging infrastructure. The advantage for owners include improvement to amenities, creating a selling feature for renters and prospective...
How To Conduct A Meeting Of The Owners Corporation? Some Tips.
In NSW, the Strata Schemes Management Act 2015 (the Act) regulates how general meetings (sometimes called extraordinary general meetings) and annual general meetings (AGM) of owners corporation are called and held. Most general meetings are straight forward, but when...
LSJ Article – When Building Work Is Not Iron Clad
On 26 May 2023, the NSW Court of Appeal handed down its decision in The Owners – Strata Plan No 92450 v JKN Para 1 Pty Limited [2023] NSWCA 114. The decision involved a claim made by the owners corporation of ‘Parramatta Rise’, a 28-storey mixed use tower in...
Is it important to comply with notice (and other) legislative requirements for general meetings?
According to the case of Warren v The Owners – Strata Plan No. 61618, it certainly is. In this case, the applicant sought orders that: all resolutions passed at the AGM be set aside pursuant to s.24 or s.232 of the Strata Schemes Management Act 2015 (“SSMA”) due to...
Appointing a new strata manager
Most owners corporation’s in NSW will appoint a strata manager to assist them with the day-to-day running of the strata scheme. Appointing a strata manager is not mandatory, but can be useful to many schemes. Strata managers can be appointed for a term (a length of...
“You Can’t Say That!” – Defamation Reforms And Strata Schemes
Living in a Strata Scheme, Neighbourhood Scheme or Community Association can be challenging – especially so when tempers flare and fingers fly (over a keyboard). Many people vent their frustrations about their neighbours, their Owners Corporation, committee or strata...
The Design And Building Practitioners Act 2020: An Overview Of The Duty Of Care & Requirements For Conducting New Works
High profile defects within buildings in various parts of the country saw the enactment of the Design and Building Practitioners Act 2020 (NSW) (‘DBPA’) by the NSW Government. The DBPA imposes a new duty of care and other obligations upon design and building...
Child Safety Locks: Could A By-Law Allocate The Responsibility To The Lot Owners?
The Strata Schemes Management Act 2015 establishes in section 118(1) that it is the owners corporation’s responsibility to ensure that there are complying window safety devices for all windows of each building in the strata scheme. This provision is applicable to all...
Interpretation Of Strata Plans: How Do I Read My Strata Plan?
Each strata plan registered in NSW is unique. In addition to the fact that every strata building or complex will be a unique building or set of buildings, legislation for the interpretation of strata plans have changed over time, and guidelines for surveyors who draw...