by Allison | Sep 29, 2020 | Fact Sheets, News & Publications, NSW, Rules
When will you encounter BMCs? You will find Building Management Committees (“BMCs”) in stratum developments (also called part strata plan developments). Land can be subdivided by a strata plan or by a part strata plans. In subdivision by a strata plan, the land and...
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, Rules
Sections 19(2) to 19(4) of the Strata Schemes Management Act 2015 (the Act) deal with qualified requests. A request is a qualified request if it is made by one or more owners of a lot or lots in the strata scheme which have a total unit entitlement of at least...
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...
by Allison | Jul 29, 2020 | Fact Sheets, Factsheets, Legal Alert, News & Publications, NSW, Strata Disputes
What strata owners should expect from their strata managers and what services are and are not included as part of a strata manager’s duties can be a heated topic. The Acts dealing with a strata manager’s functions are analysed below. Under section 3 of the Property...
