by Chris | Mar 27, 2019 | By-Laws, Legal Alert, News & Publications, NSW, Recent News, Strata Disputes
In the matter of Cestaro v The Owners – Strata Plan No. 457 NSW Civil and Administrative Tribunal of 12 February 2019 (unreported), it was held that security bars affixed to the external windows of a lot were common property. The lot owner applicant alleged that...
by Allison | Dec 7, 2018 | By-Laws, Fact Sheets, Levies, News & Publications, NSW, Recent News, Strata Disputes
Strata managers need to be aware of this key change if serving notices by post. Section 160 of the Evidence Act 1995 (NSW) has recently been amended. Instead of being deemed served four working days after the item has been posted, the item is now deemed served after...
by Allison | Jan 8, 2018 | Building Defects, Case Review, Legal Alert, News & Publications, NSW, Recent News, Strata Disputes
The NSW Civil & Administrative Tribunal’s Appeal Panel today handed down a decision that will significantly affect a number of lot owners and owners corporations. The decision was that of The Owners – Strata Plan No 30521 v Shum [2018] NSWCATAP 15. In the case...
by Allison | Sep 21, 2017 | Building Defects, Case Review, Legal Alert, News & Publications, NSW, Recent News, Strata Disputes
Section 106 of the Strata Schemes Management Act 2015 (NSW) (the 2015 Act) establishes the strict liability of an owners corporation to maintain and repair its common property in the same terms as section 62 of the Strata Schemes Management Act 1996 (NSW) (the 1996...
by Chris | May 1, 2017 | By-Laws, NSW, Recent News, Strata Disputes
Introduction A dispute over the airspace between two balconies in Queensland has provided the most comprehensive authority to date as to what is considered an ‘unreasonable refusal’ by owners corporations for the purposes of granting a common property right. The High...
by Chris | Nov 18, 2016 | Fact Sheets, News & Publications, NSW, Recent News, Strata Disputes
The Strata Schemes Management Act 2015 (NSW) has brought about many changes. Among the changes is a significant change to how an Owners Corporation or a Strata Committee can obtain legal advice and take legal action. Previously, section 80D of the Strata Schemes...
