News & Publications
“You Can’t Say That!” – Defamation Reforms And Strata Schemes
Living in a Strata Scheme, Neighbourhood Scheme or Community Association can be challenging – especially so when tempers flare and fingers fly (over a keyboard). Many people vent their frustrations about their neighbours, their Owners Corporation, committee or strata...
The Design And Building Practitioners Act 2020: An Overview Of The Duty Of Care & Requirements For Conducting New Works
High profile defects within buildings in various parts of the country saw the enactment of the Design and Building Practitioners Act 2020 (NSW) (‘DBPA’) by the NSW Government. The DBPA imposes a new duty of care and other obligations upon design and building...
Child Safety Locks: Could A By-Law Allocate The Responsibility To The Lot Owners?
The Strata Schemes Management Act 2015 establishes in section 118(1) that it is the owners corporation’s responsibility to ensure that there are complying window safety devices for all windows of each building in the strata scheme. This provision is applicable to all...
Interpretation Of Strata Plans: How Do I Read My Strata Plan?
Each strata plan registered in NSW is unique. In addition to the fact that every strata building or complex will be a unique building or set of buildings, legislation for the interpretation of strata plans have changed over time, and guidelines for surveyors who draw...
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...