by Allison | Nov 14, 2022 | By-Laws, News & Publications, NSW, Strata Disputes
The matter of Kaye v The Owners – Strata Plan No 4350 [2022] NSWSC 1386 (Kaye) was an appeal from the Appeal Panel to the Supreme Court. The Supreme Court considered whether an Owners Corporation had unreasonably refused to make a common property rights by-law. The...
by Allison | Nov 14, 2022 | News & Publications, NSW, Strata Disputes
In the recent case of The Owners – Strata Plan No 19410 v King atf the Cascade Trust [2022] NSWCATAP 326, the Owners Corporation appealed a decision made by the Tribunal that it undertake specified repairs to prevent water ingress to the second bedroom in one of the...
by Allison | Nov 14, 2022 | By-Laws, News & Publications, NSW
Lot owners are often referred to us by their strata manager when they want to renovate their lot. The reason is that the work will involve waterproofing, involves structural elements, changes the external appearance of a lot or may require consent under other...
by Allison | Oct 17, 2022 | By-Laws, News & Publications, NSW
Once your by-law has been passed by special resolution at a general meeting of the Owners Corporation, there is one more step you will need to undertake before your by-law is enforceable: Registration. This step is often forgotten as many lot owners assume that having...
by Allison | Oct 17, 2022 | By-Laws, News & Publications, NSW, Strata Disputes
In the case of Dunstan v The Owners – Strata Plan No. 79749, an order was made to appoint a compulsory strata manager for a 12 month period to exercise all functions of the Owners Corporation and strata committee. The strata scheme consists of 13 units built in 2008....
by Allison | Sep 13, 2022 | BCA Compliance, Building Defects, News & Publications, NSW
Background Facts The Owners- Strata Plan No 92450 (owners corporation) commenced proceedings against the developer (JKN Para 1 Pty Ltd) (JKN) and builder (Toplace Pty Ltd) (Toplace) regarding, amongst other defects, what it alleged to be combustible aluminium...
by Allison | Aug 15, 2022 | News & Publications, NSW, Strata Disputes
Did the resident caretaker’s behaviour amount to gross misconduct to the extent that the Owners Corporation was entitled to terminate the Caretaker’s Agreement? If it did, were there provisions in their Agreement which could reserve the caretaker’s rights upon...
by Allison | Aug 15, 2022 | By-Laws, News & Publications, NSW, Strata Disputes
The by-laws for a strata scheme are binding upon the owners corporation, owners and occupiers. If an owner or occupier breaches any of the strata scheme’s by-laws, the owners corporation can take steps to enforce those by-laws. Before commencing proceedings, we...
by Chris | Jun 28, 2022 | ACT, BCA Compliance, BCA Compliance, Building Defects, Building Defects, News & Publications, Recent News, Strata Disputes, Strata Disputes
In response to a substantial increase in the number of formal complaints about building matters since 2010, the new Building and Construction Legislation Amendment Act 2020 introduced a new dispute resolution scheme in the ACT for residential building disputes by...
by Allison | Jun 21, 2022 | ACT, Case Review, News & Publications, Rules, Strata Disputes
The issue in this case was whether reduced quorum decisions made at an annual general meeting held on 16 December 2021 took effect where the owners corporation gave notice of the reduced quorum decisions to unit owners on 4 January 2022, that is, more than seven...
