by Allison | Feb 14, 2022 | ACT, Building Defects, News & Publications, NSW
Both Ross Taylor, who together with our Chris Kerin conducted an interview with David Chandler the NSW Building Commissioner on the topic of residential development regulation reforms in NSW, and our Allison Benson have contributed to a guide to navigating building...
by Allison | Feb 9, 2022 | Building Defects, News & Publications, NSW, Recent News
In March 2021, Christopher Kerin and Ross Taylor from Ross Taylor & Associates had a discussion with David Chandler, the NSW Building Commissioner, on the topic of residential development regulation reforms in NSW. The two key pieces of legislation discussed were...
by Allison | Feb 9, 2022 | ACT, Case Review, Legal Alert, News & Publications, Recent News, Strata Disputes
On 8 February 2022 the ACAT Appeal Tribunal handed down it’s long awaited decision on the issue of providing the corporate register to a lot owner pursuant to section 119 of the Unit Titles (Management) Act 2011 (the UTMA). Kerin Benson Lawyers acted for the...
by Allison | Jan 18, 2022 | By-Laws, News & Publications, NSW, Recent News
The NSW Registrar General has extended the temporary rules allowing the electronic signing of a number of land registry instruments. The Conveyancing Rules (COVID-19) Amendment (Version 2) – December 2021 was published on 21 December 2021 and extends provisions that...
by Allison | Jan 17, 2022 | By-Laws, News & Publications, NSW, Strata Disputes
Section 108 of the Strata Schemes Management Act 2015 requires the adoption of a special by-law before an individual lot owner can carry out works affecting common property. The purpose of a by-law under section 108 is mainly to: identify the works involving common...
by Allison | Dec 8, 2021 | News & Publications, NSW, Recent News, Strata Disputes
In the recent case of Stojilkovic v Whittle [2021] NSWCATCD 97, the Tribunal had to consider whether CCTV cameras placed on the common property constituted interference with the reasonable use of a lot or the common property. After a history of conflict between the...
by Allison | Dec 8, 2021 | By-Laws, News & Publications, NSW, Strata Disputes
As the owner of common property, an Owners Corporation has a strict and ongoing responsibility to repair and maintain common property. This duty is set out in section 106 of the Strata Schemes Management Act 2015. However there are circumstances in which an Owners...
by Allison | Nov 14, 2021 | News & Publications, NSW, Strata Disputes
Unit entitlements are determined at the time a strata plan is registered and are important for many reasons, including the effect it has on voting rights and the payment of levies. Section 236 of the Strata Schemes Management Act 2015 (Act) provides that the NSW Civil...
by Allison | Oct 13, 2021 | News & Publications, NSW, Recent News, Strata Disputes
In the case of Abraham v The Owners Strata Plan No. 61419 [2021] NSWCATCD 7, Ms Abraham filed an application alleging that some documents were not made available to her following a request to inspect the records of the scheme and sought an order that these documents...
by Allison | Oct 13, 2021 | By-Laws, News & Publications, NSW
The initial period for an owners corporation of a strata scheme commences the date the strata plan is constituted, which is the same date the strata plan is registered, and ends on the day when there are owners of lots in the scheme (other than the original owner)...