Strata Law Articles, Updates and Recognition

Echoes of Discontent: Navigating Noise Disputes – Jiang v Sui [2023] NSWCATCD 127

Background In an apartment complex in Ultimo, New South Wales, a disagreement emerged between two lot owners. Ms Jiang and Mr Wang, who own Lot 27, raised concerns about noise from Lot 35, owned by Mr Xin Sui (Sui). This noise issue began after Sui renovated his...

Costs Recovery By-laws Under the Microscope

Introduction In the realm of strata law, by-laws play a pivotal role in governing the rights and responsibilities of lot owners and the Owners Corporation. These by-laws, while essential, must be drafted with precision, fairness, and in accordance with the Strata...

Sydney Morning Herald Features Our Strata Law Expertise on NSW Fair Trading Issues

I recently had the privilege of being featured in an article by the Sydney Morning Herald. The article, accessible here, casts a spotlight on the significant challenges individuals often encounter when dealing with New South Wales Fair Trading. Notably, it addresses...

Smoking in Strata Buildings

In New South Wales, smoking is not prohibited in private residential lots or on balconies/courtyards, unless a specific bylaw prohibits it. If there is no specific by-law prohibiting smoking on the common property and within lots, you can propose one to the owners...

The Owners – Strata Plan No 74232 v Tezel [2023] NSWCA 35 (6 March 2023)

Introduction In The Owners – Strata Plan No 74232 v Tezel [2023] NSWCA 35 (6 March 2023) the NSW Court of Appeal finally determined when the two year limitation period under section 106(6) of the Strata Schemes Management Act 2015 (“SSMA”) commences. Background...

Claims for unreasonable refusal of bylaws just got trickier

Claims for unreasonable refusal of bylaws just got trickier Introduction In the recent decision of Kaye v The Owners – Strata Plan No 4350 [2022] NSWSC 1386, the Supreme Court of New South Wales dismissed an appeal from the Appeal Panel by three lot owners...

Celebrating 10 years serving the strata industry

Pobi Lawyers is celebrating 10 years of providing specialist strata legal services to the strata industry. 11 July 2012 marks a decade of the legal practice of Pobi Lawyers. Admitted to practise as a solicitor of the Supreme Court of NSW in February 2004. Michael...

New Ebook – An Overview of Compulsory Strata Management Law in NSW

Check out our new Ebook! The Ebook "An Overview of Compulsory Strata Management Law in NSW" by Michael Pobi, principal and specialist strata lawyer, is for lot owners, owners corporations, strata committee members and strata managers who want an overview of...

Strata Applications for Tribunal Orders

NCAT Strata Applications – Disputes and Tribunal Powers The NSW Civil and Administrative Tribunal (Tribunal) has power to make orders to settle complaints and disputes about certain matters relating to the operation and management of a strata scheme in New South...

Is a Lot Owner Entitled to Access CCTV Footage from their Owners Corporation?

Introduction In the recent decision of Benoit De Tarle v The Owners Corporation Strata Plan 576 [2022] NSWCATAP 77 (22 March 2022), the NSW Civil and Administrative Tribunal’s Appeal Panel dismissed an appeal by a lot owner who sought an order from the Tribunal (NCAT)...

Strata Hub

On 30 June 2022, the Strata Schemes Management Amendment (Information) Regulation 2021 ("the Regulation") will commence. The Regulation amends the Strata Schemes Management Regulation 2016. The Regulation will impose new reporting requirements on owners corporations...

New community schemes laws to commence on 1 December 2021

On 1 December 2021 the following new community schemes laws will commence in NSW: Community Land Management Act 2021 Community Land Development Act 2021 Community Land Management Regulation 2021 Community Land Development Regulation 2021 The new laws were designed...