Harsh, unconscionable and oppressive bylaws
A quick look at the evolving case law considering section 139(1) of the Strata Schemes Management Act 2015 and the restriction on harsh, unconscionable and oppressive by-laws.
Author Archives: allisonbensonau
An Introduction to Company Title Schemes
What are company title schemes? They are the pre-curser to our modern strata schemes. This is a brief introduction to company title schemes.
Time limit for lot owner losses under s106 confirmed
This is a short discussion on one of the points from the recent NSW Court of Appeal decision in The Owners – Strata Plan No. 74232 v Tezel [2023] NSWCA 35 and in particular the time limit on when claims can be made for a lot owner’s loss due to the owners corporation’s failure to maintain and repair the common property.
Discrimination in strata and community titles
Strata and community title schemes are private property. Anti-discrimination laws generally regulate the public sphere. What happens when anti-discrimination legislation applies to strata and community title schemes?
Things that a mega-city got right
I’m in Singapore for our ACSL conference and am amazed by the things this mega city has done right. Here are my thoughts
Discrimination in strata and community title schemes
Strata and community title schemes are privately owned. Anti-discrimination legislation is generally focussed on public behaviour. In this blog I discuss how anti-discrimination law has been applied to strata schemes.
Dealing with difficult people: some tips
Some thoughts on how to deal with difficult people in your scheme.
Smoking in strata schemes – continued good news for non-smokers
In more good news for non-smokers, the NSW Civil & Administrative Tribunal made orders on 11 October 2022 preventing lot owners from smoking on the balcony of their lot or anywhere within their lot that would cause smoke, fumes or odour from the tabaco to drift into another lot.
Cost recovery by-laws and strata schemes: are they valid?
Whether or not by-laws empowering the owners corporation to recover costs were valid has been asked, and answered, in two recent cases. In both cases the by-laws were held to be invalid.
What to do about parking, noise and nuisance issues
What to do about parking, noise and nuisance behaviours
Thoughts from a strata lawyer ... 