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?...
by Chris | Aug 8, 2014 | ACT, Building Defects, Building Defects, Legal Alert, NSW
Ross Taylor & Associates’ famous “Why Balconies Leak” video – Everything you need to know about balcony leaks, but were too afraid to ask. httpsss://youtu.be/pkc4-9RbRuU
by Allison | Aug 7, 2014 | ACT, Legal Alert, Levies, Levies, NSW
In July 2014, Australian Security Investments Commission (ASIC) and Australian Competition and Consumer Commission (ACCC) jointly released a publication entitled “Debt Collection Guideline: for collectors and creditors” (the Guideline). The Guideline is a timely...
by Allison | Jul 21, 2014 | ACT, Legal Alert, Levies, Levies, NSW
Once judgment has been granted in a levy recovery matter the Owners Corporation should seriously consider applying for the issue of a bankruptcy notice. When is a bankruptcy notice possible? To obtain a bankruptcy notice in levy recovery matters the judgment debt must...
by Chris | Jul 18, 2014 | ACT, Building Defects, Legal Alert
This is a brief outline of what occurs during the process of obtaining a rectification order from the ACT Planning and Land Authority (ACTPLA or otherwise known as the Environment and Sustainable Development Directorate) against a building licensee (including a...
by Chris | Jul 17, 2014 | ACT, Building Defects, Building Defects, Legal Alert, NSW
Chris Kerin appeared on Channel 7 News (Monday, 7 July 2014) to provide some expert advice on building defects in Australia.
by Allison | Jul 15, 2014 | ACT, Case Review, NSW, Strata Disputes, Strata Disputes
When recovering strata levies or defending an application by a lot owner in respect of the validity of a meeting, it is essential that you have good processes in place and can demonstrate that you have followed these processes when sending meeting notices and levy...