by Chris | May 2, 2017 | ACT, Strata Disputes
In The Owners – Units Plan 68 v Haughey (Unit Titles) [2016] ACAT 131 the respondent installed a hot water system on the back wall of his unit which was common property where it remained for nearly five years. Ultimately, a question arose as to whether the...
by Chris | May 2, 2017 | ACT, Strata Disputes
In Floro v Owners – Units Plan No 630 (Unit Titles) [2017] ACAT 4 the applicant, Ms Floro, sought a review of a decision of the respondent owners corporation to decline to grant owners within the complex a ‘special privilege’ to erect support poles for a...
by Chris | May 1, 2017 | NSW, Uncategorized
The Strata Schemes Management Act 2015 has been in force for six months (as at May 2017). Domain.com.au has created a quiz for owners, strata managers and lawyers alike to test their knowledge about the new Act. Have a go here.
by Chris | May 1, 2017 | By-Laws, NSW, Recent News, Strata Disputes
Introduction A dispute over the airspace between two balconies in Queensland has provided the most comprehensive authority to date as to what is considered an ‘unreasonable refusal’ by owners corporations for the purposes of granting a common property right. The High...
by Chris | Mar 6, 2017 | NSW, Recent News
Strata Community Australia recently released a Strata Data update. According to the update at 15 February 2017 there were 821,044 lots registered with the NSW Land and Property Information. To give a comparison in September 2016 the LPI recorded 808,376 lots in NSW....
by Chris | Mar 2, 2017 | Levies, News & Publications, NSW, Recent News
The owners corporation is responsible for recovering unpaid contributions levied against owners. The Strata Schemes Management Act 2015 (the Act) came into force after 30 November 2016 and introduced some important changes to the levy recovery process. Pursuant to...
by Chris | Mar 2, 2017 | By-Laws, News & Publications, NSW
The commencement of the Strata Schemes Management Act 2015 (the new Act) on 30 November 2016 means that schemes are now required to keep a consolidated list of the by-laws in force for their scheme and register the consolidated list with any new change of by-law. As...
by Chris | Mar 2, 2017 | ACT, News & Publications
The reason the ACT is virtually unique in Australia arises from the idea that as a city develops, the value of land increases. Such was the concern that landholders and particularly land speculators (who had done nothing to create the increase in value) would benefit,...
by Chris | Mar 2, 2017 | ACT, Levies, News & Publications
From 15 December 2016 the civil dispute jurisdiction of the ACT Civil and Administrative Tribunal (ACAT) has increased from $10,000 to $25,000. This means that owners corporations seeking debt recovery of up to $25,000 may proceed in ACAT rather than in the ACT...
by Chris | Mar 2, 2017 | ACT, Case Review, Levies, News & Publications
The following article provides an update on our article published 21 March 2016 titled ‘ACT Case note: Recovering costs in levy recovery matters’. In The Owners – 840 v Richardson [2015] ACAT 77 Member Daniels determined that awarding legal costs in levy...
