by Allison | Jul 16, 2023 | News & Publications, NSW
According to the case of Achiam v The Owners – Strata Plan No. 58026 [2022] NSWCATCD 66, it certainly is. This case concerned interest charged to the applicant lot owners for late payment of contributions and the expenses of the owners corporation in recovering such...
by Allison | Jun 19, 2023 | Legal Alert, News & Publications, NSW, Recent News
With the introduction on 26 March 2021 of the Community Land Development Act 2021 and its associated regulations (‘the Regulations’) came a raft of changes that affect Neighbourhood, Precinct and Community Associations. In particular, it is now a requirement for an...
by Allison | Jun 19, 2023 | By-Laws, News & Publications, NSW
Owners corporations should take care when they amend existing by-laws. The simple decision to delete a word, or add in a word, if not done with consideration to the entire by-law and/or by-laws for scheme, can render a by-law invalid or unenforceable. Here are some...
by Allison | Jun 19, 2023 | By-Laws, News & Publications, NSW, Strata Disputes
In the relatively recent case of Bruce v The Owners – Strata Plan No. 98803 [2022] NSWCATCD 83, the Tribunal has determined that Option B of By-law 5 Keeping of Animals in Sch 3 of the SSMR 2016 does not limit a lot owner to one animal. Background In June 2021, the...
by Allison | May 14, 2023 | News & Publications, NSW, Recent News, Strata Disputes
When is a by-law harsh, unconscionable or oppressive? Our Allison Benson discussed some of the recent cases for Look Up Strata on 20 April 2023. The link to the presentation is here in case you missed it.
by Allison | May 14, 2023 | By-Laws, News & Publications, NSW, Strata Disputes
Chances are your strata scheme is ruled by a set of model by-laws. If that is the case, the appearances by-law will contain a paragraph in terms similar to the following: The owner or occupier of a lot must not, without the written consent of the Owners Corporation,...
