News & Publications
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...
It’s Beginning To Sound A Lot Like Christmas…
We are officially in the silly season! It is the season to have fun with family and friends, and as we all know, “fun” frequently equates to “noise”. Noise complaints are common around this time of the year. The reason for this is that gatherings are more frequent, go...
Unreasonable Refusal to Make a Common Property Rights By-Law
The matter of Kaye v The Owners – Strata Plan No 4350 [2022] NSWSC 1386 (Kaye) was an appeal from the Appeal Panel to the Supreme Court. The Supreme Court considered whether an Owners Corporation had unreasonably refused to make a common property rights by-law. The...
Case Note – The Owners – Strata Plan No. 19410 v King atf The Cascade Trust [2022] NSWCATAP 326
In the recent case of The Owners – Strata Plan No 19410 v King atf the Cascade Trust [2022] NSWCATAP 326, the Owners Corporation appealed a decision made by the Tribunal that it undertake specified repairs to prevent water ingress to the second bedroom in one of the...
Strata Renovations: The Importance of a Good By-Law
Lot owners are often referred to us by their strata manager when they want to renovate their lot. The reason is that the work will involve waterproofing, involves structural elements, changes the external appearance of a lot or may require consent under other...
My By-Law Has Been Passed – What Next?
Once your by-law has been passed by special resolution at a general meeting of the Owners Corporation, there is one more step you will need to undertake before your by-law is enforceable: Registration. This step is often forgotten as many lot owners assume that having...
When Will The Tribunal Make An Order To Appoint A Compulsory Strata Manager?
In the case of Dunstan v The Owners – Strata Plan No. 79749, an order was made to appoint a compulsory strata manager for a 12 month period to exercise all functions of the Owners Corporation and strata committee. The strata scheme consists of 13 units built in 2008....
The Australian College of Midwives Ltd v The Owners – Units Plan No. 1475 (Unit Titles) [2022] ACAT 73
1. This dispute related to a ten-storey concrete building known as City Plaza that was subdivided by the registration of Units Plan No 1475 in April 1996. The ground floor contains eight commercial units numbered 1 to 8. The first floor contains seven commercial units...
“NOT SO IRON CLAD” – Strata Plan No 92450 v JKN Para 1 Pty Ltd & Anor [2022] NSWSC 958
Background Facts The Owners- Strata Plan No 92450 (owners corporation) commenced proceedings against the developer (JKN Para 1 Pty Ltd) (JKN) and builder (Toplace Pty Ltd) (Toplace) regarding, amongst other defects, what it alleged to be combustible aluminium...