by Allison | Sep 29, 2020 | Fact Sheets, Factsheets, News & Publications, NSW
The University of New South Wales’s City Futures report in June 2020 found that over 1.1 million people, approximately 15% of the NSW population, lives in a strata scheme. This number is expected to grow year on year. As the number of people residing in a strata...
by Allison | Sep 29, 2020 | Fact Sheets, News & Publications, NSW, Rules
When will you encounter BMCs? You will find Building Management Committees (“BMCs”) in stratum developments (also called part strata plan developments). Land can be subdivided by a strata plan or by a part strata plans. In subdivision by a strata plan, the land and...
by Allison | Sep 14, 2020 | By-Laws, Case Review, NSW, Rules, Strata Disputes
Can a by-law make some by not all lot owners responsible for common property costs? And can the Tribunal make orders requiring an owners corporation repay contributions? The Appeal Panel in The Owners – Strata Plan No 76830 v Byron Moon Pty Limited [2020] NSWCATAP 186...
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...
