Strata Law Articles
Some Useful Articles and Podcasts on Strata Law
Vickery 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...
read moreCan an occupant be restricted from smoking in their own lot? Gisks v The Owners – Strata Plan No 6743
Background Between 2015 and 2017 the applicant lot owner constantly complained to the owners corporation about receiving second-hand tobacco smoke drift from a neighbouring lot 7. The smoke came into his living room and kitchen through windows and doors and in all of...
read moreOwners Corporation Strata Plan No 14172 v Cai [2019] NSWCATCD 56
The general order making power under section 232 of the Strata Schemes Management Act 2015 does not empower the NSW Civil and Administrative Tribunal to make an order for an owners corporation to recover a debt. Background A tenant operated a coffee shop/sandwich bar...
read moreShih v The Owners – Strata Plan No 87879 [2019] NSWCATAP 263
NCAT does not have jurisdiction to award damages under s 106(5) of the Strata Schemes Management Act 2015 Background The owners of a lot in a strata scheme filed an application in the NSW Civil and Administrative Tribunal ("NCAT") alleging that water had entered and...
read more