News & Publications
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...
Cancer Council’s Guide to Smoke-free Living in Apartments
Second-hand smoke is a known cause of cancer and any level of exposure is unsafe. Allowing more people to live smoke-free by reducing their exposure to second-hand smoke is a priority for Cancer Council NSW. Residents of apartment buildings are more at risk of...
Flooring By-Laws – Are They Harsh?
According to the recent case of Norman v The Owners Strata Plan No 60182 [2022] NSWCATCD 152, they are not. The applicant in the matter sought orders that the flooring by-law, which was made in November 2006, be invalidated as it stated that owners must not carry out...
Nuisance or Nice?
The Yuletide season is upon us again! For many this means family, friends, church services, good food, drink and, generally, good times as we celebrate the end of another hopefully productive year and reflect upon the year to come. For others however, the forecast is...
Tis The Season To Decorate!
The holiday season is a time of celebration for many. We sing carols, invite guests over and decorate our homes. Although they are pretty and create a festive atmosphere, Christmas decorations can cause some serious issues for those living in strata. So, what are...