by Allison | Feb 10, 2021 | BCA Compliance, Building Defects, Legal Alert, News & Publications, NSW, Recent News
This was one of the issues before the Court in the recent case of Dyldam Developments Pty Ltd v The Owners – Strata Plan 85305 [2020] NSWCA 327. Completion of building work occurs on the date of issue of an occupation certificate that authorises the occupation and use...
by Allison | Feb 10, 2021 | By-Laws, News & Publications, NSW, Rules
Changes to by-laws must be registered within six months of the resolution to do so being passed. To avoid any complications, delays or requisitions by the NSW Land Registry Services (for which they generally charge an additional fee) we have compiled this general...
by Allison | Feb 10, 2021 | By-Laws, Legal Alert, News & Publications, NSW, Recent News
As of 22 March 2021, the NSW Land Registry Services will be requiring consolidation or change of by-laws forms, and change of address forms for owners corporations or associations to be lodged electronically through the PEXA service. Amendments to management...
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...
