by Allison | Aug 14, 2023 | Case Review, News & Publications, NSW, Strata Disputes
Living in a Strata Scheme, Neighbourhood Scheme or Community Association can be challenging – especially so when tempers flare and fingers fly (over a keyboard). Many people vent their frustrations about their neighbours, their Owners Corporation, committee or strata...
by Allison | Aug 14, 2023 | BCA Compliance, Building Defects, News & Publications, NSW
High profile defects within buildings in various parts of the country saw the enactment of the Design and Building Practitioners Act 2020 (NSW) (‘DBPA’) by the NSW Government. The DBPA imposes a new duty of care and other obligations upon design and building...
by Allison | Jul 16, 2023 | By-Laws, News & Publications, NSW
The Strata Schemes Management Act 2015 establishes in section 118(1) that it is the owners corporation’s responsibility to ensure that there are complying window safety devices for all windows of each building in the strata scheme. This provision is applicable to all...
by Allison | Jul 16, 2023 | News & Publications, NSW
Each strata plan registered in NSW is unique. In addition to the fact that every strata building or complex will be a unique building or set of buildings, legislation for the interpretation of strata plans have changed over time, and guidelines for surveyors who draw...
by Allison | Jul 16, 2023 | News & Publications, NSW
According to the case of Achiam v The Owners – Strata Plan No. 58026 [2022] NSWCATCD 66, it certainly is. This case concerned interest charged to the applicant lot owners for late payment of contributions and the expenses of the owners corporation in recovering such...
by Allison | Jun 29, 2023 | ACT, Legal Alert, News & Publications, Recent News
On Saturday 1 July 2023 the amendments pursuant to the Unit Titles Legislation Amendment Act 2023 commence. Please click here to access Kerin Benson Lawyer’s summary table of the most important amendments. The text of the Act itself is available on the ACT...
by Allison | Jun 19, 2023 | Legal Alert, News & Publications, NSW, Recent News
With the introduction on 26 March 2021 of the Community Land Development Act 2021 and its associated regulations (‘the Regulations’) came a raft of changes that affect Neighbourhood, Precinct and Community Associations. In particular, it is now a requirement for an...
by Allison | Jun 19, 2023 | By-Laws, News & Publications, NSW
Owners corporations should take care when they amend existing by-laws. The simple decision to delete a word, or add in a word, if not done with consideration to the entire by-law and/or by-laws for scheme, can render a by-law invalid or unenforceable. Here are some...
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.
