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When is Refusal to Consent to a By-law Unreasonable?

by Allison | Jan 11, 2021 | By-Laws, News & Publications, NSW, Strata Disputes

When is refusal to consent to an amendment of a by-law unreasonable? This was one of the issues raised in the recent case of Gelder v The Owners – Strata Plan No 38308 [2020] NSWCATAP 227 (05 November 2020). Ms Gelder refused to consent to the amendment of Special...

Code of Conduct for Short- Term Rental Accommodation

by Allison | Jan 11, 2021 | By-Laws, Legal Alert, News & Publications, NSW, Recent News

The mandatory Code of Conduct for short-term rental accommodation has been finalised and will apply from 18 December 2020. You can view the Code here. Host obligations If you are a host, the obligations imposed on you by the Code include: You must hold insurance for...

Project Remediate – Interest Free Loans to Rectify Combustible Cladding on Class 2 Residential Apartment Buildings in NSW

by Allison | Dec 17, 2020 | Fact Sheets, Legal Alert, News & Publications, NSW, Recent News

Project Remediate is a three-year program introduced by the NSW Government to assist in rectifying combustible cladding on Class 2 residential apartment buildings in NSW. The NSW Cladding Taskforce was established to identify buildings with combustible cladding....

Update – Extension of Temporary COVID-19 Legislation to Assist Strata and Community Title Schemes

by Allison | Dec 17, 2020 | Fact Sheets, Legal Alert, News & Publications, NSW, Recent News, Rules

Due to the continuing impact of COVID-19 on strata and community schemes, the Government has passed the Strata Schemes Management Amendment (COVID-19) Regulation (No 2) 2020 and the Community Land Management Amendment (COVID-19) Regulation (No 2) 2020 to extend...

Notice to Comply with By-laws: How to Ensure the Notice Satisfies the Requirement for Penalty Orders

by Allison | Nov 26, 2020 | By-Laws, Fact Sheets, News & Publications, NSW, Rules, Strata Disputes

If you’re a strata committee member or strata manager, no doubt at some point a lot owner or occupier will breach a by-law and the suggestion will be made that a notice to comply with the by-law (sometimes called a “breach notice”) be issued to the person who has...
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Recent News & Publications

  • Hill v Construction Occupations Registrar; Jones v Construction Occupations Registrar (Administrative Review) [2021] ACAT 21
  • The Owners – Units Plan No 3115 v The Trustees of the Master Builders Fidelity Fund Scheme [2019] FCA 115; The Owners – Units Plan No 3115 v The Trustees of the Master Builders Fidelity Fund Scheme [2019] FCAFC 227
  • Davies & Anor v Capital Homes Pty Ltd (Civil Dispute) [2017] ACAT 111
  • Sarri v The Owners – Units Plan 1260 [2006] ACTSC 83
  • Dwyer & Anor v Civium Property Group Pty Ltd (Unit Titles) [2020] ACAT 9

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