by Allison | Jun 14, 2022 | By-Laws, Case Review, News & Publications, NSW
The Appeal Panel in Kaye v The Owners – SP 4350 [2022] NSWCATAP 173 (Kaye) have provided a number of reasons why an owners corporation was reasonable in refusing to make a common property rights by-law. In that case, a lot owner requested that the Owners Corporation...
by Allison | Jun 14, 2022 | Levies, NSW, Strata Disputes
Although only a local court assessor’s matter, the case of The Owners – Strata Plan No 52098 v Khalil [2014] NSWLC 2 stands for not putting legal costs onto a lot’s ledger until they have been either the subject of a costs order in the Tribunal or a court....
by Allison | May 15, 2022 | News & Publications, NSW, Strata Disputes
Mould within homes is a common, though potentially hazardous, occurrence. Generally, mould is caused by: Condensation Elevated humidity Insufficient building ventilation Household clutter Inadequate bathroom and laundry ventilation. If mould is left untreated, there...
by Allison | May 15, 2022 | By-Laws, News & Publications, NSW
In the recent case of Stocker v The Owners – Strata Plan No. 6622 [2022] NSWCATCD 31, the Tribunal considered whether works carried out by a lot owner were cosmetic works, or minor renovations, or works that were not cosmetic works or minor renovations, and the type...
by Allison | May 15, 2022 | By-Laws, News & Publications, NSW
Works that are not cosmetic works or minor renovations, commonly referred to as major works, are more serious works to the common property. You will need a by-law for these works to be authorised. This requires a special resolution to be passed at a general meeting of...
by Allison | Apr 12, 2022 | Building Defects, News & Publications, NSW
Lot owners who wish to carry out works to their apartment will need to consider whether the works they want to carry out will be subject to provisions under the Design and Building Practitioners Act 2020 (DBPA) including the requirement for building professionals to...
by Allison | Apr 12, 2022 | News & Publications, NSW, Strata Disputes
In the recent case of Hannan v The Owners – Strata Plan No. 20680 [2022] NSWCATCD 15, a few lot owners made an application to the Tribunal for orders that a compulsory strata manager be appointed pursuant to section 237(1)(a) of the Strata Schemes Management Act...
by Allison | Mar 14, 2022 | By-Laws, News & Publications, NSW, Recent News
The recent case of The Owners – SP No 91684 v Liu; The Owners – SP No 90189 v Liu [2022] NSWCATAP 1 considers these questions. Shortly after section 137A of the Strata Schemes Management Act 2015 (SSMA 2015) came into effect, each owners corporation in this case...
by Chris | Mar 7, 2022 | ACT, Case Review, News & Publications, Recent News, Rules, Strata Disputes, Strata Disputes
The applicant sought an order from ACAT that the owners corporation issue a rule infringement notice for various alleged breaches of House Rules and rules of the owners corporation. In response, ACAT held that there is no general power in section 129 of the UTMA to...
by Chris | Mar 7, 2022 | ACT, Case Review, News & Publications, Recent News, Rules, Strata Disputes, Strata Disputes
The owners corporation appealed a number of aspects of the original decision. The appeal was dealt with as a review under section 82(b) of the ACAT Act and the owners corporation needed to establish an error of fact or law in the original decision in order to succeed....
