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The Neighbour From Smell

The Neighbour From Smell We have all heard about or had to deal with the neighbour from smell at some point in our life. You know the one I am talking about. From unpleasant cooking smells to cigarette smoke, barbecue smoke to pet urine in common areas and rubbish...

Noise Abatement Orders

Quite often residents living in strata schemes are unaware that their daily activities may cause a level of noise which another resident finds intolerable and/or offensive. Although by-law 1 (Noise) regulates noise in a strata scheme and an owners corporation can take...

Adverse Possession of Common Property – Can It Exist?

I am surprised by the number of lot owners who have approached me claiming that they have had possession and use of a specified part of common property for many years and believe it would be unjust or unfair in the circumstances for the owners corporation to remove...

Community Schemes Law Reforms in NSW

The NSW government has recently released its Position Paper outlining the reforms it proposes to make in relation to community scheme laws in NSW. According to the Position Paper, there are approximately 700 community schemes, 40 precinct schemes and 1,460...

Is Sufficient Compliance With Section 62 Good Enough?

Is Sufficient Compliance With Section 62 of the Strata Schemes Management Act 1996 Good Enough? There appears to be a body of supporters who take the view that Strata Schemes Adjudicators will usually decline to make orders under sections 138 and 62 of the Strata...