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Harsh, Unconscionable, Oppressive: Angus Has the Last Bark on Strata By-law

by Allison | Nov 19, 2020 | By-Laws, Case Review, Fact Sheets, Legal Alert, News & Publications, NSW, Recent News, Rules, Strata Disputes, Uncategorised

By-Laws 101: Approval and Registration of Renovation By-laws

by Allison | Sep 29, 2020 | By-Laws, Fact Sheets, News & Publications, NSW, Rules

The process to authorise major works in a lot within a strata scheme can be complex and it normally involves the adoption of a special by-law making the lot owner responsible for any damages to the portion of common property affected by the works. Under section 111(b)...

Building Management Committees 101: What are They and Where will You Find Them?

by Allison | Sep 29, 2020 | Fact Sheets, News & Publications, NSW, Rules

When will you encounter BMCs? You will find Building Management Committees (“BMCs”) in stratum developments (also called part strata plan developments). Land can be subdivided by a strata plan or by a part strata plans. In subdivision by a strata plan, the land and...

Righting Discrepancies in Strata Plans: What happens when “Shared” Common Property Hot Water Systems are not Used by All Lots?

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...

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...
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Recent News & Publications

  • Case Note: Craven & Gilks v The Owners – Units Plan No 2839 (Appeal) [2023] ACAT 4
  • Case Note: Cheetham & Ors v The Owners – Units Plan No 503 & Ors (Unit Titles) [2019] ACAT 90
  • Case Note. Leonard & Anor v Michie & Ors (Unit Titles) [2019] ACAT 14
  • SMH Article: Barking dogs, prams and air-con: What Sydney’s apartment dwellers fight about
  • NSW Strata Reforms Taking Effect Soon

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