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Can A Lot Owner Refuse Consent To The Repeal Of A By-Law After Agreeing To It At Mediation?

by Allison | Mar 10, 2021 | By-Laws, Case Review, News & Publications, NSW, Recent News, Strata Disputes

This was one of the issues before the Appeal Panel in the recent case of Macey’s Group Pty Ltd v Owners – Strata Plan No 33591 [2021] NSWCATAP 7. The case concerned an appeal against orders made by the Tribunal under section 149 of the Strata Schemes Management Act...

Tips and Traps for Strata Managers when Completing and Executing Change of By-Law Documents

by Allison | Feb 10, 2021 | By-Laws, News & Publications, NSW, Rules

Changes to by-laws must be registered within six months of the resolution to do so being passed. To avoid any complications, delays or requisitions by the NSW Land Registry Services (for which they generally charge an additional fee) we have compiled this general...

Registering Change of By-laws Electronically

by Allison | Feb 10, 2021 | By-Laws, Legal Alert, News & Publications, NSW, Recent News

As of 22 March 2021, the NSW Land Registry Services will be requiring consolidation or change of by-laws forms, and change of address forms for owners corporations or associations to be lodged electronically through the PEXA service. Amendments to management...

When is Refusal to Consent to a By-law Unreasonable?

by Allison | Jan 11, 2021 | By-Laws, News & Publications, NSW, Strata Disputes

When is refusal to consent to an amendment of a by-law unreasonable? This was one of the issues raised in the recent case of Gelder v The Owners – Strata Plan No 38308 [2020] NSWCATAP 227 (05 November 2020). Ms Gelder refused to consent to the amendment of Special...

Code of Conduct for Short- Term Rental Accommodation

by Allison | Jan 11, 2021 | By-Laws, Legal Alert, News & Publications, NSW, Recent News

The mandatory Code of Conduct for short-term rental accommodation has been finalised and will apply from 18 December 2020. You can view the Code here. Host obligations If you are a host, the obligations imposed on you by the Code include: You must hold insurance for...

Notice to Comply with By-laws: How to Ensure the Notice Satisfies the Requirement for Penalty Orders

by Allison | Nov 26, 2020 | By-Laws, Fact Sheets, News & Publications, NSW, Rules, Strata Disputes

If you’re a strata committee member or strata manager, no doubt at some point a lot owner or occupier will breach a by-law and the suggestion will be made that a notice to comply with the by-law (sometimes called a “breach notice”) be issued to the person who has...
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