by Allison | Jan 17, 2022 | By-Laws, News & Publications, NSW, Strata Disputes
Section 108 of the Strata Schemes Management Act 2015 requires the adoption of a special by-law before an individual lot owner can carry out works affecting common property. The purpose of a by-law under section 108 is mainly to: identify the works involving common...
by Allison | Dec 8, 2021 | News & Publications, NSW, Recent News, Strata Disputes
In the recent case of Stojilkovic v Whittle [2021] NSWCATCD 97, the Tribunal had to consider whether CCTV cameras placed on the common property constituted interference with the reasonable use of a lot or the common property. After a history of conflict between the...
by Allison | Dec 8, 2021 | By-Laws, News & Publications, NSW, Strata Disputes
As the owner of common property, an Owners Corporation has a strict and ongoing responsibility to repair and maintain common property. This duty is set out in section 106 of the Strata Schemes Management Act 2015. However there are circumstances in which an Owners...
by Allison | Nov 14, 2021 | News & Publications, NSW, Strata Disputes
Unit entitlements are determined at the time a strata plan is registered and are important for many reasons, including the effect it has on voting rights and the payment of levies. Section 236 of the Strata Schemes Management Act 2015 (Act) provides that the NSW Civil...
by Allison | Oct 13, 2021 | News & Publications, NSW, Recent News, Strata Disputes
In the case of Abraham v The Owners Strata Plan No. 61419 [2021] NSWCATCD 7, Ms Abraham filed an application alleging that some documents were not made available to her following a request to inspect the records of the scheme and sought an order that these documents...
by Allison | Oct 13, 2021 | By-Laws, News & Publications, NSW
The initial period for an owners corporation of a strata scheme commences the date the strata plan is constituted, which is the same date the strata plan is registered, and ends on the day when there are owners of lots in the scheme (other than the original owner)...
