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What Can an Owners Corporation do if an Owner or Occupier Breaches the By-Laws of the Scheme?

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...

Spedding v The Owners – Units Plan 3941 (Unit Titles) [2022] ACAT 49

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...

What Is An Unreasonable Reason To Refuse To Make A By-Law?

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...

Can An Owners Corporation Add Its Legal Fees For Recovering Unpaid Contributions To The Defaulting Lot Owner’s Ledger?

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....

Obligations in Relation to Mould in Apartments

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...
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Recent News & Publications

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