Nuisance or Nice?

The Yuletide season is upon us again! For many this means family, friends, church services, good food, drink and, generally, good times as we celebrate the end of another hopefully productive year and reflect upon the year to come. For others however, the forecast is...

Tis The Season To Decorate!

The holiday season is a time of celebration for many. We sing carols, invite guests over and decorate our homes. Although they are pretty and create a festive atmosphere, Christmas decorations can cause some serious issues for those living in strata. So, what are...

Case Note: The Owners – Units Plan No 2737 v Ryan & Anor (Unit Titles) [2016] ACAT 43

The respondents owned and occupied a ground floor unit and in 2006, were given written permission to plant two trees in their courtyard. In fact, three trees were planted. These trees flourished and soon began to interfere with the amenity of the unit directly above...

What is a Nuisance?

The Strata Schemes Management Act 2015 requires, at section 153, that lot owners and occupants must not cause a nuisance. But, what is a nuisance and when does annoying behaviour cross the line into constituting an actionable nuisance? A nuisance could be created by...