News & Publications
Is It In An Owners Corporation’s Interest To Be Diligent?
According to the case of Achiam v The Owners – Strata Plan No. 58026 [2022] NSWCATCD 66, it certainly is. This case concerned interest charged to the applicant lot owners for late payment of contributions and the expenses of the owners corporation in recovering such...
Unit Titles Legislation Amendment Act 2023
On Saturday 1 July 2023 the amendments pursuant to the Unit Titles Legislation Amendment Act 2023 commence. Please click here to access Kerin Benson Lawyer's summary table of the most important amendments. The text of the Act itself is available on the ACT Legislation...
Consolidations now apply to Management Statements too…
With the introduction on 26 March 2021 of the Community Land Development Act 2021 and its associated regulations (‘the Regulations’) came a raft of changes that affect Neighbourhood, Precinct and Community Associations. In particular, it is now a requirement for an...
The Do’s/Don’t Of Amending The By-Laws For Your Strata Scheme
Owners corporations should take care when they amend existing by-laws. The simple decision to delete a word, or add in a word, if not done with consideration to the entire by-law and/or by-laws for scheme, can render a by-law invalid or unenforceable. Here are some...
Who Let The Dogs In? NCAT– And Option B Of The Model By-Laws In Sch 3 Of The Strata Schemes Management Regulations 2016
In the relatively recent case of Bruce v The Owners – Strata Plan No. 98803 [2022] NSWCATCD 83, the Tribunal has determined that Option B of By-law 5 Keeping of Animals in Sch 3 of the SSMR 2016 does not limit a lot owner to one animal. Background In June 2021, the...
Would Your By-laws Pass The ‘Reasonable’ Test?
When is a by-law harsh, unconscionable or oppressive? Our Allison Benson discussed some of the recent cases for Look Up Strata on 20 April 2023. The link to the presentation is here in case you missed it.
Peek-A-Boo: Can You See The Works To My Apartment?
Chances are your strata scheme is ruled by a set of model by-laws. If that is the case, the appearances by-law will contain a paragraph in terms similar to the following: The owner or occupier of a lot must not, without the written consent of the Owners Corporation,...
Noisy Pipework – Who Must Maintain It?
In the recent case of Haramis v The Owners – Strata Plan No. 51923 [2023] NSWCATCD 15, a lot owner sought an order from the Tribunal for the Owners Corporation to carry out work to a common property wall and its enclosed pipework to prevent or reduce noise...
To Cook, or Not to Cook?
In the recent case of Franklin v The Owners—Strata Plan No. 87497 [2022] NSWCATCD 210, the applicant was an owner of a lot in the scheme. The scheme had 87 residential lots and 13 utility lots, and the scheme was previously an aged care facility. The by-law in...
When Does The Two-Year Limitation Period Under S106(6) of the SSMA 2015 Start to Run?
This question was answered by the NSW Court of Appeal in The Owners – Strata Plan No 74232 v Tezel [2023] NSWCA 35. The Respondent in this case was an owner of a residential lot in the scheme. In 2013, the Respondent noticed water leaking into her lot when it rained...
Does NCAT Have Authority to Direct to Whom a Civil Penalty Issued Under s 247A of the SSMA 2015 is Paid?
According to the recent case of The Owners – Strata Plan No. 61285 v Taylor (No. 3) [2023] NSWCATCD 1, the answer is yes. Background The Owners Corporation originally brought proceedings against Mr Taylor to obtain an order that he remove various personal property...
Can a Lot Owner Nominate Themselves for Election as a Member of the Strata Committee?
This question is answered in section 31 of the Strata Schemes Management Act 2015 which provides as follows: 31 Persons who are eligible to be appointed or elected to strata committee (1) The following persons are eligible for appointment or election to the strata...