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 | 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...
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 | 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...
