News & Publications
Why it is important to Pay your Strata Levies on Time: Consequences for Late or Non-Payment
All owners of a lot in a strata scheme must pay contributions levied on them in accordance with the schedule determined at the annual general meeting of the owners corporation for that year (and any special contributions determined during the year). Usually, the...
Who is Responsible for Fixing The Fence?
A fence servicing a strata scheme could be owned by any number of people. To determine ownership and therefore responsibility, the first step is to consult the strata plan. If the fence is located within the air space of a lot but is not shown on the strata plan, then...
Commencement of Unit Titles Legislation Amendment Act 2020
On Sunday 1 November 2020, the amendments to the Unit Titles (Management) Act 2011 will commence. Please find the following link for our summary table of the amendments. Unit Titles Legislation Amendment Act 2020 Summary Table
Was the Noise from the Café Downstairs a ‘Nuisance’?
This was the question determined by NCAT’s Appeal Panel on 3 June 2020 in Chehelnabi v Gourmet and Leisure Holdings Pty Ltd [2020] NSWCATAP 102 (03 June 2020). In the first instance, the appellants sought orders from the Tribunal to improve the alleged noises, smells...
Disposal of Abandoned Goods on Common Property
Seemingly without warning, as of 1 July 2020 section 125 of Strata Schemes Management Act 2015 and clauses 32 to 34 of the Strata Schemes Management Regulations 2016 which regulated the disposal of abandoned goods on common property were repealed. The legislation that...
By-Laws 101: Approval and Registration of Renovation By-laws
The process to authorise major works in a lot within a strata scheme can be complex and it normally involves the adoption of a special by-law making the lot owner responsible for any damages to the portion of common property affected by the works. Under section 111(b)...
Strata 101 – What is It and How does It Work?
The University of New South Wales’s City Futures report in June 2020 found that over 1.1 million people, approximately 15% of the NSW population, lives in a strata scheme. This number is expected to grow year on year. As the number of people residing in a strata...
Building Management Committees 101: What are They and Where will You Find Them?
When will you encounter BMCs? You will find Building Management Committees (“BMCs”) in stratum developments (also called part strata plan developments). Land can be subdivided by a strata plan or by a part strata plans. In subdivision by a strata plan, the land and...
Righting Discrepancies in Strata Plans: What happens when “Shared” Common Property Hot Water Systems are not Used by All Lots?
Can a by-law make some by not all lot owners responsible for common property costs? And can the Tribunal make orders requiring an owners corporation repay contributions? The Appeal Panel in The Owners – Strata Plan No 76830 v Byron Moon Pty Limited [2020] NSWCATAP 186...
NSW Government sets residential developers in its sights
Snapshot The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 imposes greater obligations on developers and introduces significant investigative and enforcement powers for the NSW Government. Developers are now obliged to notify the...
What is a Qualified Request? If I make a Qualified Request is The Owners Corporation Able to Charge me for the Cost of Organising and Holding the Meeting?
Sections 19(2) to 19(4) of the Strata Schemes Management Act 2015 (the Act) deal with qualified requests. A request is a qualified request if it is made by one or more owners of a lot or lots in the strata scheme which have a total unit entitlement of at least...
The Importance of Disclosure
A recent decision of the Federal Court of Australia has highlighted the importance of making all relevant disclosures in the course of applying for an insurance policy, and the repercussions that the withholding of such disclosures may have on the enforceability of...