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Can a By-law be Challenged while a Scheme is Under Compulsory Management?

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...

Latest Australasian Strata Insights Research has been released by City Futures Research Centre

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...

ACT case note: De Gruchy v The Owners – Units Plan No 3989 [2020] ACTSC 65

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...

Extended public health emergency declaration period

by Chris | Jul 10, 2020 | ACT, News & Publications, Recent News

On 30 April 2020, sections 3 and 111 of the Unit Titles Legislation Amendment Act 2020 and the Unit Titles (Management) Amendment Regulation 2020 (No 1) commenced. The combined effect of the above is that an owners corporation and the executive committee of an owners...

ACT CASE NOTE: THE OWNERS – UNITS PLAN NO 2983 v SILVANO (Civil Dispute) [2020] ACAT 4

by Chris | Jul 6, 2020 | ACT, Case Review, Strata Disputes

The respondent was the owner of a unit and the applicant was the owners corporation of the units plan. The respondent owed a debt of $18,472.31 in levy arrears. The applicant took steps to recover the debt and subsequently, levy recovery proceedings were commenced in...

ACT CASE NOTE: CERAMIDAS & ANOR v THE OWNERS – UNITS PLAN NO 3488 & ANOR (Unit Titles) [2019] ACAT 13

by Chris | Jul 6, 2020 | ACT, Case Review

The applicants were the owners of a unit in Units Plan 3488. One morning when the applicants were not present in the unit, a hose connected to the mains in the toilet cistern broke and water flowed out of the cistern into the apartment and into the common property in...

How Much Noise is Too Much?

by Allison | Jun 17, 2020 | By-Laws, Fact Sheets, News & Publications, NSW, Rules, Strata Disputes

In the recent decision of the Appeal Panel of the NSW Civil & Administrative Tribunal (NCAT) in Andelman v Small [2020] NSWCATAP 32, the Appeal Panel considered the provisions of by-law 14 requiring all floor spaces except kitchens, laundries, toilets and...

New Strata and Community Title specific COVID Regulations

by Allison | Jun 17, 2020 | Legal Alert, News & Publications, NSW, Recent News

Thanks to the Strata Schemes Management Amendment (COVID-19) Regulation 2020, the new section 271A of Strata Schemes Management Act 2020, the Community Lands Amendment (COVID-19) Regulations 20202 and the new section 122A of the Community Lands Management Act 1989, it...

Exemption – Meeting During the Public Health Emergency Declaration Period

by Chris | Jun 5, 2020 | ACT, News & Publications, Recent News

On 30 April 2020 sections 3 and 111 of the Unit Titles Legislation Amendment Act 2020 commenced (the remaining provisions of the Unit Titles Legislation Amendment Act 2020 will commence on 1 November 2020) and the Unit Titles (Management) Amendment Regulation 2020 (No...

How to Request a Meeting – Qualified Request

by Allison | May 22, 2020 | Fact Sheets, News & Publications, NSW

If you’ve been spending more time at home due to COVID-19 restrictions, you may have come to realise that you would like to carry out some works to your lot. Once you’ve obtained a by-law to authorise the works, you will need to have it passed by the owners...
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Recent News & Publications

  • Case Note: Craven & Gilks v The Owners – Units Plan No 2839 (Appeal) [2023] ACAT 4
  • Case Note: Cheetham & Ors v The Owners – Units Plan No 503 & Ors (Unit Titles) [2019] ACAT 90
  • Case Note. Leonard & Anor v Michie & Ors (Unit Titles) [2019] ACAT 14
  • SMH Article: Barking dogs, prams and air-con: What Sydney’s apartment dwellers fight about
  • NSW Strata Reforms Taking Effect Soon

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