by Allison | Oct 13, 2014 | By-Laws, Legal Alert, NSW
Do you want to renovate your unit but your proposed exclusive use by-law has been refused by the Owners Corporation? Or, do you believe that the terms of a works by-law that has been made are unreasonable? In either case you may be able to make an application to the...
by Allison | Oct 13, 2014 | ACT, Case Review, Strata Disputes
For most of us our homes are our castles. Given the emotional and financial stresses associated with them it is understandable that when there is a problem such as water penetration, a unit owner wants someone else to be responsible for any financial loss caused. In a...
by Allison | Oct 10, 2014 | Case Review, Levies, NSW
The recent cases of Kisimul Holdings Pty Ltd v Clear Position Pty Ltd [2014] NSWCA 262 (Kisimul) and In the Matter of EGE Foods Australia Pty Ltd [2014] NSWSC 983 (EGE Foods) serve to emphasise the importance of compliance with legislative requirements when issuing...
by Chris | Oct 9, 2014 | ACT, Building Defects, Building Defects, NSW
Click to read the article – High Court Decision Bad News for Apartment Owners
by Chris | Oct 7, 2014 | ACT, Building Defects, Building Defects, Legal Alert, NSW, Uncategorized
It has been reported that the Australian Securities and Investments Commission, Australian Tax Office and Fair Work Building and Construction have recently begun cooperating to crack down on builders liquidating their companies to avoid repaying creditors including...
by Allison | Sep 1, 2014 | ACT, Case Review, Strata Disputes
Owners Corporations pass resolutions at meetings all the time, often unanimously and without controversy. The recent ACT Civil and Administrative Tribunal (ACAT) case of Green & Ors v The Owners – Units Plan No. 199 (Unit Titles) [2014] ACAT 52 highlights the...
by Allison | Aug 31, 2014 | Building Defects, Case Review, NSW
In a win for Owners Corporations (and home owners) in NSW, a recent Supreme Court decision has validated the right of the Owners Corporation, in certain circumstances, to refuse an offer by the original builder to conduct remedial work where there are agreed building...
by Allison | Aug 26, 2014 | ACT, Legal Alert, Levies, Levies, NSW
When seeking to recover unpaid strata levies, it is natural for Owners Corporations to want a fast result with as little money spent as possible. For this reason, many may shy away from enlisting the assistance of lawyers, fearing excessive legal fees will result in...
by Allison | Aug 10, 2014 | ACT, Legal Alert, Rules
The Owners Corporation is responsible for managing the units plan and the enforcement of its rules. The Unit Title (Management) Act 2011 (ACT) (the Act). What Rules Apply to My Units Plan? The default rules for a units plan are set out in schedule 4 of the Act however...
by Allison | Aug 8, 2014 | By-Laws, Legal Alert, NSW
Many lot owners, particular those in older strata schemes, do not know what by-laws apply to their scheme. While the Secretary of the Owners Corporation is required to keep a record of all the by-laws in force in the scheme this record may not always be accurate. Why?...
