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COVID-19 Signing Provisions Extended

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...

Bathroom Renovations – Specific By-Laws v Generic By-Laws

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...

CCTV – Who is Watching?

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...

When is an Owners Corporation not Required to Repair and Maintain Common Property?

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...

What Are The Principles Applied By The Tribunal In The Re-Allocation Of Unit Entitlements?

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...

What Types Of Documents Must An Owners Corporation Produce Upon Request?

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...

Functioning during the Initial Period of an Owners Corporation

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)...

Construct NSW Report: What Were The Key Findings? And Are They A Surprise?

by Allison | Oct 13, 2021 | BCA Compliance, Building Defects, News & Publications, NSW, Recent News

The NSW Office of the Building Services Commission and Strata Community Association NSW (SCA) partnered up to obtain information on building defects in NSW class 2 (residential) strata buildings. The report, Construct NSW: Improving Consumer Confidence, was released...

KBL Guide To Voting Using Zoom For Strata Managers

by Allison | Sep 14, 2021 | News & Publications, NSW

In light of the ongoing Covid-19 pandemic, electronic general meetings have become more important than ever before. We have created this guide to voting using zoom for strata managers to assist in the conduct of these meetings – KBL Guide to voting using zoom...

Are Administrative Fees In By-Laws Valid?

by Allison | Sep 14, 2021 | By-Laws, News & Publications, NSW, Recent News, Strata Disputes

According to the Tribunal in Roden v The Owners – Strata Plan No. 55773 [2021] NSWCATCD 61, the answer to this question in yes, as long as the administrative fee is necessary and reasonable. In this matter, Mr Roden sought an order under s 150 of the Strata Schemes...
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