by Allison | Jan 22, 2021 | Factsheets, News & Publications, NSW, Rules, Strata Disputes
It is common knowledge that an owners corporation is responsible for the common property in its strata scheme. However, when an owners corporation resolved to replace, rather than repair, the common property roof of one of its buildings the question of the roof ended...
by Allison | Nov 18, 2020 | Fact Sheets, Factsheets, News & Publications, NSW, Rules, Strata Disputes
A fence servicing a strata scheme could be owned by any number of people. To determine ownership and therefore responsibility, the first step is to consult the strata plan. If the fence is located within the air space of a lot but is not shown on the strata plan, then...
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...
by Allison | Aug 27, 2020 | Fact Sheets, News & Publications, NSW, Strata Disputes
A recent decision of the Federal Court of Australia has highlighted the importance of making all relevant disclosures in the course of applying for an insurance policy, and the repercussions that the withholding of such disclosures may have on the enforceability of...
