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Can a By-law be Challenged while a Scheme is Under Compulsory Management?

by Allison | Jul 29, 2020 | By-Laws, Case Review, Legal Alert, News & Publications, NSW, Recent News, Strata Disputes

In Morgan-Jones & Ufert v The Owners Strata Plan No 15599 [2019] NSWCATAP 187, the applicants, who owned a lot in the scheme, sought to challenge two of the scheme’s by-laws under section 150 of the Strata Schemes Management Act 2015 while the scheme was under...

ACT CASE NOTE: THE OWNERS – UNITS PLAN NO 2983 v SILVANO (Civil Dispute) [2020] ACAT 4

by Chris | Jul 6, 2020 | ACT, Case Review, Strata Disputes

The respondent was the owner of a unit and the applicant was the owners corporation of the units plan. The respondent owed a debt of $18,472.31 in levy arrears. The applicant took steps to recover the debt and subsequently, levy recovery proceedings were commenced in...

How Much Noise is Too Much?

by Allison | Jun 17, 2020 | By-Laws, Fact Sheets, News & Publications, NSW, Rules, Strata Disputes

In the recent decision of the Appeal Panel of the NSW Civil & Administrative Tribunal (NCAT) in Andelman v Small [2020] NSWCATAP 32, the Appeal Panel considered the provisions of by-law 14 requiring all floor spaces except kitchens, laundries, toilets and...

How to Enforce Against Unauthorised Works?

by Allison | May 22, 2020 | By-Laws, Fact Sheets, News & Publications, NSW, Strata Disputes

Unauthorised works are works to common property that are not cosmetic works, as defined by section 109 of Strata Schemes Management Act 2015, and that a lot owner has undertaken without consent of the owners corporation. Minor renovations, which are defined by section...

Owners Corporation’s Meetings: How to Record Them in Compliance with The Surveillance Devices Act 2007

by Allison | May 4, 2020 | By-Laws, Legal Alert, News & Publications, NSW, Strata Disputes

With many professionals currently adapting to working from home and engaging in online meetings with their clients, it is essential to understand that some prohibitions apply to meetings conducted in person as well as to meetings conducted by electronic means (such as...

Lock Boxes for Welfare Access in Strata Schemes – is it beneficial?

by Allison | May 4, 2020 | By-Laws, Legal Alert, News & Publications, NSW, Strata Disputes

Lock boxes are boxes that are installed on common property within the strata scheme so that keys or passes to access the building or lots can be stored in them. The purpose of installing a lock box for welfare access is to enable emergency services, such as the...
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