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CCTV – Who is Watching?

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...

When is an Owners Corporation not Required to Repair and Maintain Common Property?

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...

What Are The Principles Applied By The Tribunal In The Re-Allocation Of Unit Entitlements?

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...

What Types Of Documents Must An Owners Corporation Produce Upon Request?

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...

Are Administrative Fees In By-Laws Valid?

by Allison | Sep 14, 2021 | By-Laws, News & Publications, NSW, Recent News, Strata Disputes

According to the Tribunal in Roden v The Owners – Strata Plan No. 55773 [2021] NSWCATCD 61, the answer to this question in yes, as long as the administrative fee is necessary and reasonable. In this matter, Mr Roden sought an order under s 150 of the Strata Schemes...

Keeping of Animals in Strata Schemes – an Ongoing Saga

by Allison | Sep 8, 2021 | By-Laws, Legal Alert, News & Publications, NSW, Recent News, Rules, Strata Disputes

In the most recent development on keeping of animals in strata schemes, s 137B of the Strata Schemes Management Act 2015 came into effect on 25 August 2021. Our Allison Benson has written an article about this new section here. In addition, clause 36A of the Strata...
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