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What happened when a Building was Damaged from the Excavations next Door?

by Allison | Jan 22, 2021 | Case Review, Fact Sheets, Factsheets, Legal Alert, News & Publications, NSW, Rules, Strata Disputes

Picture this: Building works in a development project led to movements of the foundation below an adjoining strata scheme causing extensive damage to an apartment building on that land.  The building works involved extensive excavations, a retaining and a shoring wall...

Was the Noise from the Café Downstairs a ‘Nuisance’?

by Allison | Oct 23, 2020 | Case Review, Fact Sheets, News & Publications, NSW, Rules, Strata Disputes

This was the question determined by NCAT’s Appeal Panel on 3 June 2020 in Chehelnabi v Gourmet and Leisure Holdings Pty Ltd [2020] NSWCATAP 102 (03 June 2020). In the first instance, the appellants sought orders from the Tribunal to improve the alleged noises, smells...

New Strata and Community Title specific COVID Regulations

by Allison | Jun 17, 2020 | Legal Alert, News & Publications, NSW, Recent News

Thanks to the Strata Schemes Management Amendment (COVID-19) Regulation 2020, the new section 271A of Strata Schemes Management Act 2020, the Community Lands Amendment (COVID-19) Regulations 20202 and the new section 122A of the Community Lands Management Act 1989, it...

How to Enforce Against Unauthorised Works?

by Allison | May 22, 2020 | By-Laws, Fact Sheets, News & Publications, NSW, Strata Disputes

Unauthorised works are works to common property that are not cosmetic works, as defined by section 109 of Strata Schemes Management Act 2015, and that a lot owner has undertaken without consent of the owners corporation. Minor renovations, which are defined by section...

How to Position Yourself to Get your By-law Approved by the Owners Corporation

by Allison | May 22, 2020 | By-Laws, Fact Sheets, News & Publications, NSW

Want to do work or have already done work to your lot and need a by-law? We recommend ensuring your by-law contains sufficient information for the Owners Corporation to be fully informed about your works and also include clauses that sufficiently protect the interests...
« Older Entries

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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