What can I do if my by-law was unreasonably refused?
This post sets out your four general options if your by-law was refused.
Author Archives: allisonbensonau
Strata Managers – How are they regulated?
Who and how are your strata and community manager’s regulated? The answer is both by legislation, codes of conduct and their agreement which are discussed below.
Time Limitations in Damages Claims for Failure to Maintain and Repair the Common Property: An Update
The latest decision in the Vickery saga was delivered on 21 April 2021 giving further clarity on lot owner’s damages claims for the owners corporation’s failure to maintain & repair common property
Pre-meeting Electronic Voting – when (and when not) to use it
Has your scheme voted to enable pre-meeting electronic voting or is it considering it? Here are some benefits and downsides of using it.
Sustainability infrastructure: What is it & how has installing it been made easier?
From 22 February 2021 owners corporations will find it easier to pass resolutions to improve the green credentials of their buildings. This article describes the change brought in the by Strata Schemes Management Amendment (Sustainability Infrastructure) Act 2021.
Prohibiting Short Term Letting in NSW Schemes – The Devil is in the details
Owners Corporations have been able to prohibit short term letting (aka short term rental accommodation arrangements) since 10 April 2020 but the are significant limits to this ability which are discussed below
Does NCAT have the ability to award damages under s106? The Court of Appeal decides in Vickery v The Owners – Strata Plan No. 80412 [2020] NSWCA 284
On 11 November 2020 the NSW Court of Appeal handed down its decision in Does NCAT have the ability to award damages under s106? The Court of Appeal decides in Vickery v The Owners – Strata Plan No. 80412 [2020] NSWCA 284 over whether or not NCAT had the power to award damages for a breach of section 106(5) of the Strata Schemes Management Act 2015.
Who knows your financial information? Privacy as part of an owners corporation
The NCAT Appeal Panel have confirmed when a right to privacy argument will not be upheld in this recent case concerning a request for financial information by a lot owner
Dispute Resolution: 6 tips for conflict management
Here are six suggestions on how to minimise conflict within your scheme.
Building Defects – What do the recent NSW legislative changes mean for owners corporations, associations and lot owners? Part 1
This blog considers the new duty of care for building professionals introduced by the Design & Building Practitioners Act 2020 (NSW) as part of legislative reforms to address the building defect crisis.
