Strata Law Articles

Some useful articles on strata law

Wrigley v Owners Corporation SP53413 [2017] NSWCATAP 100

Wrigley, is the owner of a lot in Strata Plan 53413. The Respondent is the Owners Corporation. The Owners Corporation made an application for an order from a Strata Adjudicator, under section 150 of the Strata Schemes Management Act 1996 (“SSMA1996”) that Mr Wrigley’s...

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Bylaw Consolidation

Bylaw Consolidation Under clause 4 of Schedule 3 of the Strata Schemes Management Act 2015 (NSW) ("the 2015 Act"), an owners corporation of an existing strata scheme is required to review the by-laws for their strata scheme not later than 12 months after 30 November...

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False Fire Alarm By-Laws

When a fire sensor is activated a fire alarm is triggered and Fire and Rescue NSW will attend the owners corporation's building. On each occasion Fire and Rescue NSW attends the owners corporation's building to respond to a fire alarm that is afterwards discovered to...

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Drafting Community Management Statements

A Community Management Statement is a legal document governed in New South Wales under the Community Land Development Act 1989 which is registered with a community plan and sets out the by-laws (also known as CMS by-laws) to regulate the rights and obligations between...

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Goodbye Strata Adjudications?

Goodbye Strata Adjudications? Introduction The Strata Schemes Management Act 2015 was passed by the NSW Parliament in October 2015. The commencement date is yet to be proclaimed. This article is concerned with the impact the new Act will have on strata disputes and...

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Rest In Peace Thoo’s Case?

Rest In Peace Thoo’s Case?    Under the existing laws: a lot owner has no right to sue an owners corporation in damages for the owners corporation’s breach of statutory duty of repair and maintenance under section 62 of the Strata Schemes Management Act 1996: The...

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