by Allison | Jan 22, 2021 | Case Review, Fact Sheets, Factsheets, Legal Alert, News & Publications, NSW, Rules, Strata Disputes
Picture this: Building works in a development project led to movements of the foundation below an adjoining strata scheme causing extensive damage to an apartment building on that land. The building works involved extensive excavations, a retaining and a shoring wall...
by Allison | Jan 22, 2021 | Factsheets, News & Publications, NSW, Rules, Strata Disputes
It is common knowledge that an owners corporation is responsible for the common property in its strata scheme. However, when an owners corporation resolved to replace, rather than repair, the common property roof of one of its buildings the question of the roof ended...
by Allison | Jan 14, 2021 | Building Defects, Fact Sheets, News & Publications, NSW, Strata Disputes
Scott Schedules are often used in building defect matters. They are an important tool that help both the parties and the decision maker focus on the defects being claimed and the quantum of each defect. What is a Scott Schedule? A Scott Schedule is a document that...
by Allison | Jan 11, 2021 | BCA Compliance, Building Defects, News & Publications, NSW, Recent News
According to the recent judgement of the Court of Appeal in Bandelle Pty Ltd v Sydney Capitol Hotels Pty Ltd [2020] NSWCA 303, the 10 year long-stop limitation period in the Environmental Planning and Assessment Act 1979 applies to all defective building work...
by Allison | Jan 11, 2021 | News & Publications, NSW, Recent News, Strata Disputes
This question was answered in The Owners – Strata Plan No 76317 v Ho [2020] NSWCATAP 205 which concerned an appeal from a decision made in the Tribunal where orders were made appointing a compulsory strata manager pursuant to s 237(1) of the Strata Schemes...
by Allison | Jan 11, 2021 | Building Defects, News & Publications, NSW, Strata Disputes
One of the issues that came before the Tribunal in the recent decision of Maygood Australia Pty Ltd v The Owners – Strata Plan No 85338 [2020] NSWCATAP 237 was whether the Tribunal had jurisdiction to determine an application which had been accepted by the Tribunal’s...
by Allison | Jan 11, 2021 | By-Laws, News & Publications, NSW, Strata Disputes
When is refusal to consent to an amendment of a by-law unreasonable? This was one of the issues raised in the recent case of Gelder v The Owners – Strata Plan No 38308 [2020] NSWCATAP 227 (05 November 2020). Ms Gelder refused to consent to the amendment of Special...
by Allison | Jan 11, 2021 | By-Laws, Legal Alert, News & Publications, NSW, Recent News
The mandatory Code of Conduct for short-term rental accommodation has been finalised and will apply from 18 December 2020. You can view the Code here. Host obligations If you are a host, the obligations imposed on you by the Code include: You must hold insurance for...
by Allison | Dec 17, 2020 | Fact Sheets, Legal Alert, News & Publications, NSW, Recent News
Project Remediate is a three-year program introduced by the NSW Government to assist in rectifying combustible cladding on Class 2 residential apartment buildings in NSW. The NSW Cladding Taskforce was established to identify buildings with combustible cladding....
by Allison | Dec 17, 2020 | Fact Sheets, Legal Alert, News & Publications, NSW, Recent News, Rules
Due to the continuing impact of COVID-19 on strata and community schemes, the Government has passed the Strata Schemes Management Amendment (COVID-19) Regulation (No 2) 2020 and the Community Land Management Amendment (COVID-19) Regulation (No 2) 2020 to extend...
