News & Publications
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...
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...