News & Publications
How do Sections 106 and 108 of the Strata Schemes Management Act Interact?
It is common knowledge that an owners corporation is responsible for the common property in its strata scheme. However, when an owners corporation resolved to replace, rather than repair, the common property roof of one of its buildings the question of the roof ended...
What is a Scott Schedule & Why are they Used?
Scott Schedules are often used in building defect matters. They are an important tool that help both the parties and the decision maker focus on the defects being claimed and the quantum of each defect. What is a Scott Schedule? A Scott Schedule is a document that...
Clarification on Time Limits under the Environmental Planning and Assessment Act 1979 for Defective Building Work
According to the recent judgement of the Court of Appeal in Bandelle Pty Ltd v Sydney Capitol Hotels Pty Ltd [2020] NSWCA 303, the 10 year long-stop limitation period in the Environmental Planning and Assessment Act 1979 applies to all defective building work...
When is a Strata Scheme Not Functioning Satisfactorily for the Purposes of Appointing a Compulsory Strata Manager?
This question was answered in The Owners – Strata Plan No 76317 v Ho [2020] NSWCATAP 205 which concerned an appeal from a decision made in the Tribunal where orders were made appointing a compulsory strata manager pursuant to s 237(1) of the Strata Schemes...
Tribunal Powers to Determine Applications under the Home Building Act 1989 (NSW) despite Non-compliance with Section 48J of the HBA
One of the issues that came before the Tribunal in the recent decision of Maygood Australia Pty Ltd v The Owners – Strata Plan No 85338 [2020] NSWCATAP 237 was whether the Tribunal had jurisdiction to determine an application which had been accepted by the Tribunal’s...
When is Refusal to Consent to a By-law Unreasonable?
When is refusal to consent to an amendment of a by-law unreasonable? This was one of the issues raised in the recent case of Gelder v The Owners – Strata Plan No 38308 [2020] NSWCATAP 227 (05 November 2020). Ms Gelder refused to consent to the amendment of Special...
Code of Conduct for Short- Term Rental Accommodation
The mandatory Code of Conduct for short-term rental accommodation has been finalised and will apply from 18 December 2020. You can view the Code here. Host obligations If you are a host, the obligations imposed on you by the Code include: You must hold insurance for...
Project Remediate – Interest Free Loans to Rectify Combustible Cladding on Class 2 Residential Apartment Buildings in NSW
Project Remediate is a three-year program introduced by the NSW Government to assist in rectifying combustible cladding on Class 2 residential apartment buildings in NSW. The NSW Cladding Taskforce was established to identify buildings with combustible cladding....
Update – Extension of Temporary COVID-19 Legislation to Assist Strata and Community Title Schemes
Due to the continuing impact of COVID-19 on strata and community schemes, the Government has passed the Strata Schemes Management Amendment (COVID-19) Regulation (No 2) 2020 and the Community Land Management Amendment (COVID-19) Regulation (No 2) 2020 to extend...
Notice to Comply with By-laws: How to Ensure the Notice Satisfies the Requirement for Penalty Orders
If you’re a strata committee member or strata manager, no doubt at some point a lot owner or occupier will breach a by-law and the suggestion will be made that a notice to comply with the by-law (sometimes called a “breach notice”) be issued to the person who has...
Harsh, Unconscionable, Oppressive: Angus Has the Last Bark on Strata By-law
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...