by Allison | Aug 9, 2021 | By-Laws, News & Publications, NSW
There are generally four ways for a lot owner to gain use of a common property space such as a parking space, courtyard or roof space. These are by way of: an exclusive use by-law, registering a strata plan of subdivision, entering into a licence of the common...
by Allison | Jul 12, 2021 | By-Laws, Case Review, News & Publications, NSW, Recent News, Strata Disputes
This was considered by the Appeal Panel in the recent case of Mastellone v The Owners-Strata Plan No 87110 [2021] NSWCATAP 188. Background In this case, Ms Mastellone appealed one of the orders made by the Tribunal dismissing her claim for painting the ceilings in the...
by Allison | Jul 29, 2019 | Case Review, Legal Alert, News & Publications, NSW, Recent News, Strata Disputes, Strata Disputes
On 16 April 2019, the Supreme Court of New South Wales handed down its decision in the matter of Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 425. The case largely concerned whether proposed works to common property amounted to repairs, replacement or...
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 Chris | May 2, 2017 | ACT, Strata Disputes
In The Owners – Units Plan 68 v Haughey (Unit Titles) [2016] ACAT 131 the respondent installed a hot water system on the back wall of his unit which was common property where it remained for nearly five years. Ultimately, a question arose as to whether the...
