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What are Common Property Rights By-laws?

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What are Common Property Rights By-laws?

A Common Property Rights By-law is one which confers on the owner or owners of a specified lot or lots in the strata scheme:

  • a right of exclusive use and enjoyment of the whole or any specified part of the common property; or
  • special privileges in respect of the whole or any specified part of the common property; or

that changes such a by-law: section 142 of the Strata Schemes Management Act 2015.

The Owners Corporation may in accordance with a special resolution change the by-laws for a strata scheme: section 141 of the of the Strata Schemes Management Act 2015.

The Owners Corporation may make a Common Property Right’s By-law ONLY with the written consent of each owner on whom the by-law confers rights or special privileges: section 143(1) of the Strata Schemes Management Act 2015. This clarifies the legal position and means Young’s case no longer applies.

The Common Property Rights By-law must provide that the Owners Corporation will be liable to maintain and repair the common property or that owner will do so: section 144(1) of the Strata Schemes Management Act 2015.

If you require any assistance drafting a Common Property Rights By-law, please feel free to contact us at michael.pobi@pobilawyers.com   

Please note that the information contained in this article is not legal advice and should not be relied upon. You should obtain legal advice before you take any action or otherwise rely upon the contents of this article.

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          Michael’s areas of specialisation include:

          • Advice on obligations and disputes relating to the maintenance and repair of common property under section 106 of the Strata Schemes Management Act 2015.
          • Representation in claims related to breach of duty to maintain and repair common property.
          • Resolving complex strata disputes between lot owners and owners corporations.
          • Advice and litigation related to by-law disputes, including cases involving unreasonable refusal of by-law claims.
          • Advice and representation in loss of rent and damages claims before the NSW Civil and Administrative Tribunal (NCAT).
          • Handling disputes over unauthorised works to common property.
          • Claims involving unreasonable refusal of by-laws before NCAT.
          • Representation and advice on compulsory strata management orders under section 237 of the Strata Schemes Management Act 2015.
          • Legal counsel on retaining wall disputes.
          • Handling building defects claims, including appearances in the Tribunal and the Supreme Court of NSW.
          • Comprehensive litigation and alternative dispute resolution services.
          • Drafting and registering special by-laws tailored to the needs of individual strata schemes.

          Before founding Pobi Lawyers, Michael honed his skills at some of Sydney’s most respected strata law firms. He and his team regularly appear before the NSW Civil and Administrative Tribunal (NCAT) and participate in mediations, representing clients effectively in strata disputes and building defect litigation.

          Michael’s approach combines strategic legal counsel with practical, client-focused solutions, helping clients achieve the best possible outcomes. His personal experience living in a 12-lot strata scheme for 13 years, including 2 years serving on the strata committee, gives Michael unique, firsthand insights into the everyday complexities faced by his clients.

          This blend of professional expertise and lived experience enables Michael to provide pragmatic and insightful legal advice, ensuring his guidance is both legally sound and practically relevant.

          Qualifications and Memberships:

          • Diploma in Law, Legal Profession Admission Board/University of Sydney (2003)
          • Graduate Diploma of Legal Practice, College of Law, St Leonards (2003)
          • Diploma of Biblical Studies (2020)
          • Admissions to the Supreme Court of NSW and the High Court of Australia (Current)
          • Member of the Law Society of NSW (Current)
          • Former Member, Australian College of Strata Lawyers (ACSL), 2013 – 2023