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When is an Owners Corporation not Required to Repair and Maintain Common Property?

by Allison | Dec 8, 2021 | By-Laws, News & Publications, NSW, Strata Disputes

As the owner of common property, an Owners Corporation has a strict and ongoing responsibility to repair and maintain common property. This duty is set out in section 106 of the Strata Schemes Management Act 2015. However there are circumstances in which an Owners...

Exclusive use by-law, strata plan of subdivision, licence or lease – which is better? Part 2

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...

Case Note: What is “unreasonable” to refuse?

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...

Recent News & Publications

  • New Dispute Resolution Scheme under the Building Act 2004
  • Spedding v The Owners – Units Plan 3941 (Unit Titles) [2022] ACAT 49
  • What Is An Unreasonable Reason To Refuse To Make A By-Law?
  • Can An Owners Corporation Add Its Legal Fees For Recovering Unpaid Contributions To The Defaulting Lot Owner’s Ledger?
  • Henry Kazar v Italian & Continental Bakery Pty Ltd & Anor [2008] ACTSC 9 (8 February 2008)

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