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Unreasonable Refusal to Make a Common Property Rights By-Law

by Allison | Nov 14, 2022 | By-Laws, News & Publications, NSW, Strata Disputes

The matter of Kaye v The Owners – Strata Plan No 4350 [2022] NSWSC 1386 (Kaye) was an appeal from the Appeal Panel to the Supreme Court. The Supreme Court considered whether an Owners Corporation had unreasonably refused to make a common property rights by-law. The...

Can A Lot Owner Refuse Consent To The Repeal Of A By-Law After Agreeing To It At Mediation?

by Allison | Mar 10, 2021 | By-Laws, Case Review, News & Publications, NSW, Recent News, Strata Disputes

This was one of the issues before the Appeal Panel in the recent case of Macey’s Group Pty Ltd v Owners – Strata Plan No 33591 [2021] NSWCATAP 7. The case concerned an appeal against orders made by the Tribunal under section 149 of the Strata Schemes Management Act...

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...

Works approval orders under the Strata Schemes Management Act 2015: How do they work in practice?

by Allison | Jul 29, 2019 | Case Review, Legal Alert, NSW, Recent News, Strata Disputes, Strata Disputes

What do you do if you want to do work (or have done work) but you can’t get approval of your owners corporation? Section 126 of the Strata Schemes Management Act 2015 enables a lot owner (or lessee in a leasehold scheme) to apply to the NSW Civil & Administrative...

Recent News & Publications

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  • Strata Schemes Legislation Amendments coming into force on 01 July 2025
  • The NSW Strata Magazine: What Can I Do Now To Prepare For The Strata Schemes Legislation Amendment Bill 2025?

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