by Allison | Oct 23, 2020 | Case Review, Fact Sheets, News & Publications, NSW, Rules, Strata Disputes
This was the question determined by NCAT’s Appeal Panel on 3 June 2020 in Chehelnabi v Gourmet and Leisure Holdings Pty Ltd [2020] NSWCATAP 102 (03 June 2020). In the first instance, the appellants sought orders from the Tribunal to improve the alleged noises, smells...
by Allison | Oct 23, 2020 | News & Publications, NSW, Rules, Strata Disputes
Seemingly without warning, as of 1 July 2020 section 125 of Strata Schemes Management Act 2015 and clauses 32 to 34 of the Strata Schemes Management Regulations 2016 which regulated the disposal of abandoned goods on common property were repealed. The legislation that...
by Allison | Sep 14, 2020 | By-Laws, Case Review, NSW, Rules, Strata Disputes
Can a by-law make some by not all lot owners responsible for common property costs? And can the Tribunal make orders requiring an owners corporation repay contributions? The Appeal Panel in The Owners – Strata Plan No 76830 v Byron Moon Pty Limited [2020] NSWCATAP 186...
by Allison | Aug 27, 2020 | Fact Sheets, News & Publications, NSW, Strata Disputes
A recent decision of the Federal Court of Australia has highlighted the importance of making all relevant disclosures in the course of applying for an insurance policy, and the repercussions that the withholding of such disclosures may have on the enforceability of...
by Chris | Aug 23, 2020 | ACT, News & Publications, Strata Disputes
The applicants are unit owners in the respondent’s strata complex consisting of 88 class A units, 84 of which have an entry way comprising a floor to ceiling combined window/door (the window/door). On the upper levels the window/door opens onto a balcony, and on the...
by Allison | Jul 29, 2020 | Fact Sheets, Factsheets, Legal Alert, News & Publications, NSW, Strata Disputes
What strata owners should expect from their strata managers and what services are and are not included as part of a strata manager’s duties can be a heated topic. The Acts dealing with a strata manager’s functions are analysed below. Under section 3 of the Property...
