News & Publications
A Win For Owners Corporations – The High Court Dismisses Pafburn And Madarina’s Appeal From The NSW Court Of Appeal On The Issue Of Apportionment
On 11 December 2024, the High Court handed down its decision in Pafburn Pty Limited v The Owners – Strata Plan No 84674 [2024] HCA 49. By a majority of 4 to 3, the High Court held that the duty under section 37 of Part 4 of the Design and Building Practitioners Act...
LSJ Article – The Bulldog And The By-Law
Strata and community title has a huge social and economic impact, and the keeping of pets in apartments has long been a key area of dispute. So, what does the furore over keeping our animal friends mean for the governance of our strata and community title schemes. Our...
NSW: Change Is Coming! The Strata Managing Agents Legislation Amendment Bill 2024
View the webinar with Chris Kerin from Kerin Benson Lawyers and Nikki Jovicic from Lookupstrata discussing upcoming changes for NSW strata managing agents.
Notice Boards: Should They Be Used?
There is no requirement that an owners corporation keep a notice board on the common property, unless the by-laws for the strata scheme require it to. Accordingly, if a scheme does not have a by-law requiring the keeping (and use) of a notice board, the scheme does...
Neighbours A Nuisance? What Are Some Of The Types Of Actionable Nuisance?
Following on from our article about what constitutes a nuisance, which can be read here, this article discusses common forms of nuisance that occur in strata schemes being second-hand smoke, light, and noise intrusions from neighbouring properties. Smoke Penetration...
The Creeping Boundaries of Common Property
The Basics of Common Property Boundaries The basic rule is that the common property of a strata scheme is anything not designated as belonging to a lot. Lot property boundaries are defined by the lines marked on the Strata Plan that indicate walls, ceilings and...
Neighbours a Nuisance? What Can You Do? A Step-by-Step Guide
Neighbours can be a nuisance. However, sometimes this nuisance can be more than a mere inconvenience. In such circumstances there are steps (both legal and non-legal) you can take to resolve such interferences. In this article you will find some general advice on how...
LSJ Article – Toothpaste For The Toothless: Why Stricter Rules Are Not Enough For Strata Misconduct
The strata management industry has been rocked by similar allegations to those investigated by the Hayne Commission with respect to the banking, superannuation and financial services industry. Since the Hayne Commission reforms, consumer confidence in the financial...
Strata Building Bond Increases to 3%
The Building Legislation Amendment Act 2023 (BLA Act) was passed by the NSW Parliament on 21 November 2023. The BLA Act inter alia amends the Strata Schemes Management Act 2015 (NSW) (SSMA) such that the building bond amount of 2 per cent of the contract price will...
Disagree With A Strata Committee Decision? What Can You Do?
This question was inadvertently raised, and answered in the recent case of Gill v The Owners – Strata Plan No. 17913 [2024] NSWCATAP 37. The decision also provided some guidance on applications to remove a strata committee member. In the case, Ms Gill, seemingly...
Neighbour Problems: How To Deal With Them And What To Do
Our Allison Benson was recently quoted in a Sydney Morning Herald article dated 24 February 2024 which provides examples of unreasonable noise complaints and how to communicate effectively with neighbours to find solutions and what to do if you cannot resolve the...
2024 Strata Impact Conference
We are pleased to announce that Allison will be speaking on a panel at the inaugural 2024 Strata Impact Conference hosted by Strata Knowledge Langham, Gold Coast on 1 & 2 August 2024. The conference will be a gathering of research visionaries, thought leaders, and...