News & Publications
An Entirely “Proportionate Response” To Proportionate Liability
A decision of the New South Wales Court of Appeal has yielded a favorable outcome for owners corporations and others wishing to (or being required to) pursue proceedings under the Design and Building Practitioners Act 2020 (NSW) (DBPA) for breach of the statutory duty...
Can I Buy Common Property?
A common question we get asked is: can I buy common property? The short answer is yes. But the longer answer is more complicated. Let’s say you own a lot in a strata scheme but you don’t have a car space. There is an area of unused driveway that you want to purchase...
Annual Fire Safety Statements Demystified
Many Owners Corporations (“OCs”) have only a limited understanding of what an Annual Fire Safety Statement (“AFSS”) is and what is involved in obtaining one, and often rely on the advice of Fire Safety Practitioners and Strata Managers to ensure that all fire safety...
LSJ Article – Don’t Get Caught out! Changes To Strata Title Legislation
Reforms to strata and community title legislation came into effect on 11 December 2023. Governance changes impose new restrictions on meeting notices, voting, expenditure and disclosure in schemes. Changes also affect the termination and renewal of strata schemes. Our...
Strata Scheme Law Reforms – Webinar
Allison Benson from Kerin Benson Lawyers joins Nikki Jovicic from LookUpStrata to detail the latest changes to the NSW strata legislation. The NSW strata and community title legislation changes came into effect on 11 December 2023. The reforms include changes to the...
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...