by Chris | Sep 1, 2020 | News & Publications, NSW, Strata Disputes
Snapshot The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 imposes greater obligations on developers and introduces significant investigative and enforcement powers for the NSW Government. Developers are now obliged to notify the...
by Allison | Aug 27, 2020 | Fact Sheets, News & Publications, NSW, Rules
Sections 19(2) to 19(4) of the Strata Schemes Management Act 2015 (the Act) deal with qualified requests. A request is a qualified request if it is made by one or more owners of a lot or lots in the strata scheme which have a total unit entitlement of at least...
by Allison | Aug 27, 2020 | Fact Sheets, News & Publications, NSW, Strata Disputes
A recent decision of the Federal Court of Australia has highlighted the importance of making all relevant disclosures in the course of applying for an insurance policy, and the repercussions that the withholding of such disclosures may have on the enforceability of...
by Chris | Aug 23, 2020 | ACT, News & Publications
On 23 July 2020 the Standing Committee on Economic Development and Tourism tabled its report on the Inquiry into Building Quality and made 48 recommendations (see...
by Chris | Aug 23, 2020 | ACT, News & Publications, Strata Disputes
The applicants are unit owners in the respondent’s strata complex consisting of 88 class A units, 84 of which have an entry way comprising a floor to ceiling combined window/door (the window/door). On the upper levels the window/door opens onto a balcony, and on the...
by Chris | Aug 21, 2020 | ACT, BCA Compliance, Case Review, News & Publications
This application was for review of a decision by the respondent on 22 March 2019 to make a rectification order pursuant to section 38 of the Construction Occupations (Licensing) Act 2004 (COLA) requiring the applicant to take certain stated actions to rectify building...
by Allison | Jul 29, 2020 | Fact Sheets, Factsheets, Legal Alert, News & Publications, NSW, Strata Disputes
What strata owners should expect from their strata managers and what services are and are not included as part of a strata manager’s duties can be a heated topic. The Acts dealing with a strata manager’s functions are analysed below. Under section 3 of the Property...
by Allison | Jul 29, 2020 | By-Laws, Case Review, Legal Alert, News & Publications, NSW, Recent News, Strata Disputes
In Morgan-Jones & Ufert v The Owners Strata Plan No 15599 [2019] NSWCATAP 187, the applicants, who owned a lot in the scheme, sought to challenge two of the scheme’s by-laws under section 150 of the Strata Schemes Management Act 2015 while the scheme was under...
by Allison | Jul 29, 2020 | News & Publications, NSW
The latest research from UNSW’s City Futures Research Centre providing an update into strata and community title schemes has been released. Some key NSW scheme facts: There are 83,998 strata schemes registered in NSW 40% of strata schemes were registered since 2000...
by Chris | Jul 10, 2020 | ACT, Case Review
The plaintiff was the owner of an apartment spanning part of the top two floors of the Nishi Residential Building. At various intervals throughout the day and night, the plaintiff argued that the expansion and contraction of the roof and walls of the building created...
