Strata Law Articles
Some Useful Articles and Podcasts on Strata Law
New Community Title Schemes Laws to Commence in September 2021
On 16 March 2021, the NSW Parliament passed the Community Land Management Bill 2021 and the Community Land Development Bill 2021. The bills will repeal and update the Community Land Management Act 1989 and the Community Land Development Act 1989 in order to align the...
read moreNew Regulation for Short Term Rentals in NSW to commence on 30 July 2021
The Environmental Planning and Assessment Amendment (Short-term Rental Accommodation) Regulation 2021 will commence on 30 July 2021 (“the Regulation”). The Regulation amends the Environmental Planning and Assessment Regulation 2000. The Regulation prohibits a dwelling...
read moreCOVID-19 Strata and Community Title Amendments Extended
According to the Strata Schemes Management Amendment (COVID-19) Regulation (No 2) 2020, the amendments made to the Strata Schemes Management Regulation 2016 in response to the public health emergency caused by the COVID-19 pandemic will now...
read moreVickery v The Owners – Strata Plan No 80412 [2020] NSWCA 284 | NSW Court of Appeal says NCAT has power to award damages
On 11 November 2020, the NSW Court of Appeal handed down its decision in Vickery v The Owners – Strata Plan No 80412 [2020] NSWCA 284. The history of the matter involved a lot owner in a strata scheme who claimed that the owners corporation breached its obligation...
read moreNSW Court of Appeal decides NCAT has power to award damages | Vickery v The Owners – Strata Plan No 80412 [2020] NSWCA 284
On 11 November 2020, the NSW Court of Appeal handed down its decision in Vickery v The Owners – Strata Plan No 80412 [2020] NSWCA 284. The history of the matter involved a lot owner in a strata scheme who claimed that the owners corporation breached its obligation...
read moreShort Term Letting – New Mandatory Code of Conduct to Start on 18 December 2020
As part of the continued regulation of the short term letting industry, the NSW Government has released a mandatory Code of Conduct ("the Code") which will commence on 18 December 2020. The Code will apply to short term rental accommodation industry participants,...
read moreNSW Court of Appeal Determines Blanket No Pets By-law as Oppressive
In Cooper v The Owners - Strata Plan No 58068 [2020] NSWCA 250, a decision of the New South Wales Court of Appeal delivered on 12 October 2020, the Court of Appeal determined that a by-law imposing a blanket prohibition on the keeping of pets (save in respect of...
read moreDesign and Building Practitioners Act 2020 – Building Defect Claims
Introduction The NSW Parliament recently passed the Design and Building Practitioners Act 2020 (“DBPA”). New Statutory Duty of Care Part 4 of the DBPA, which commenced on 11 June 2020, establishes a new statutory duty of care. Generally speaking, any person who...
read moreCan an Owners Corporation Repeal a Common Property Rights By-law Without Obtaining the Lot Owner’s Written Consent?
Introduction Does the owners corporation have the right to repeal a common property rights by-law granting exclusive use or special privileges over common property to a lot owner without obtaining the written consent of that owner? Common Property Rights Bylaws - What...
read moreNCAT says goodbye to damages claims, at least for now.
In the recent NCAT Appeal Panel decisions of The Owners – Strata Plan No 74835 v Pullicin; The Owners – Strata Plan No 80412 v Vickery [2020] NSWCATAP 5, the Appeal Panel held that the Tribunal or commonly known as "NCAT" does not have the power to order damages or...
read moreNSW’s Community Schemes Law Reforms
The NSW Government is seeking public feedback on the drafting of the Community Land Management Bill 2019 and the Community Land Development Bill 2019. The draft bills propose a complete rewrite of the community title schemes laws. The draft bills are aligned with the...
read moreGlenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 425
Background The proceedings concerned a strata title property at Point Piper NSW where lot owners were in dispute concerning the extent of works that should be carried out on the common property. For more than a decade, the majority lot owners wished to have the...
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