NSW | Kerin Benson Lawyers

Noisy Pipework – Who Must Maintain It?

by Allison | May 14, 2023 | News & Publications, NSW, Recent News, Strata Disputes

In the recent case of Haramis v The Owners – Strata Plan No. 51923 [2023] NSWCATCD 15, a lot owner sought an order from the Tribunal for the Owners Corporation to carry out work to a common property wall and its enclosed pipework to prevent or reduce noise...

To Cook, or Not to Cook?

by Allison | Apr 13, 2023 | By-Laws, News & Publications, NSW, Recent News, Strata Disputes

In the recent case of Franklin v The Owners—Strata Plan No. 87497 [2022] NSWCATCD 210, the applicant was an owner of a lot in the scheme. The scheme had 87 residential lots and 13 utility lots, and the scheme was previously an aged care facility. The by-law in...

When Does The Two-Year Limitation Period Under S106(6) of the SSMA 2015 Start to Run?

by Allison | Mar 14, 2023 | News & Publications, NSW, Recent News, Strata Disputes

This question was answered by the NSW Court of Appeal in The Owners – Strata Plan No 74232 v Tezel [2023] NSWCA 35. The Respondent in this case was an owner of a residential lot in the scheme. In 2013, the Respondent noticed water leaking into her lot when it rained...

Does NCAT Have Authority to Direct to Whom a Civil Penalty Issued Under s 247A of the SSMA 2015 is Paid?

by Allison | Feb 14, 2023 | News & Publications, NSW, Recent News, Strata Disputes

According to the recent case of The Owners – Strata Plan No. 61285 v Taylor (No. 3) [2023] NSWCATCD 1, the answer is yes. Background The Owners Corporation originally brought proceedings against Mr Taylor to obtain an order that he remove various personal property...

Can a Lot Owner Nominate Themselves for Election as a Member of the Strata Committee?

by Allison | Feb 14, 2023 | News & Publications, NSW

This question is answered in section 31 of the Strata Schemes Management Act 2015 which provides as follows: 31 Persons who are eligible to be appointed or elected to strata committee (1) The following persons are eligible for appointment or election to the strata...

Cancer Council’s Guide to Smoke-free Living in Apartments

by Allison | Jan 15, 2023 | By-Laws, Fact Sheets, News & Publications, NSW

Second-hand smoke is a known cause of cancer and any level of exposure is unsafe. Allowing more people to live smoke-free by reducing their exposure to second-hand smoke is a priority for Cancer Council NSW. Residents of apartment buildings are more at risk of...

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