by Allison | Jun 19, 2023 | By-Laws, News & Publications, NSW, Strata Disputes
In the relatively recent case of Bruce v The Owners – Strata Plan No. 98803 [2022] NSWCATCD 83, the Tribunal has determined that Option B of By-law 5 Keeping of Animals in Sch 3 of the SSMR 2016 does not limit a lot owner to one animal. Background In June 2021, the...
by Allison | May 14, 2023 | News & Publications, NSW, Recent News, Strata Disputes
When is a by-law harsh, unconscionable or oppressive? Our Allison Benson discussed some of the recent cases for Look Up Strata on 20 April 2023. The link to the presentation is here in case you missed it.
by Allison | May 14, 2023 | By-Laws, News & Publications, NSW, Strata Disputes
Chances are your strata scheme is ruled by a set of model by-laws. If that is the case, the appearances by-law will contain a paragraph in terms similar to the following: The owner or occupier of a lot must not, without the written consent of the Owners Corporation,...
by Allison | May 14, 2023 | News & Publications, NSW, Recent News, Strata Disputes
In the recent case of Haramis v The Owners – Strata Plan No. 51923 [2023] NSWCATCD 15, a lot owner sought an order from the Tribunal for the Owners Corporation to carry out work to a common property wall and its enclosed pipework to prevent or reduce noise...
by Allison | Apr 13, 2023 | By-Laws, News & Publications, NSW, Recent News, Strata Disputes
In the recent case of Franklin v The Owners—Strata Plan No. 87497 [2022] NSWCATCD 210, the applicant was an owner of a lot in the scheme. The scheme had 87 residential lots and 13 utility lots, and the scheme was previously an aged care facility. The by-law in...
by Allison | Mar 14, 2023 | News & Publications, NSW, Recent News, Strata Disputes
This question was answered by the NSW Court of Appeal in The Owners – Strata Plan No 74232 v Tezel [2023] NSWCA 35. The Respondent in this case was an owner of a residential lot in the scheme. In 2013, the Respondent noticed water leaking into her lot when it rained...
by Allison | Feb 14, 2023 | News & Publications, NSW, Recent News, Strata Disputes
According to the recent case of The Owners – Strata Plan No. 61285 v Taylor (No. 3) [2023] NSWCATCD 1, the answer is yes. Background The Owners Corporation originally brought proceedings against Mr Taylor to obtain an order that he remove various personal property...
by Allison | Feb 14, 2023 | News & Publications, NSW
This question is answered in section 31 of the Strata Schemes Management Act 2015 which provides as follows: 31 Persons who are eligible to be appointed or elected to strata committee (1) The following persons are eligible for appointment or election to the strata...
by Allison | Jan 15, 2023 | By-Laws, Fact Sheets, News & Publications, NSW
Second-hand smoke is a known cause of cancer and any level of exposure is unsafe. Allowing more people to live smoke-free by reducing their exposure to second-hand smoke is a priority for Cancer Council NSW. Residents of apartment buildings are more at risk of...
by Allison | Jan 15, 2023 | By-Laws, News & Publications, NSW
According to the recent case of Norman v The Owners Strata Plan No 60182 [2022] NSWCATCD 152, they are not. The applicant in the matter sought orders that the flooring by-law, which was made in November 2006, be invalidated as it stated that owners must not carry out...
