Strata Law Articles
Some Useful Articles and Podcasts on Strata Law
Can 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 moreThe Road to Unreasonableness – What happens when an Owners Corporation Unreasonably refuses a By-law?
In the recent case of Capcelea v The Owners – Strata Plan No 48887 [2019] NSWCATCD 27, the Tribunal found that it was unreasonable for an owners corporation not to approve a lot owners by-law for work to a terrace area. The decision provides valuable insight into how...
read moreOwners Corporation Unable to Convince Supreme Court of NSW for Building Manager to Hand Over Contact Details of Owners Recorded on Strata Roll
Owners Corporation Unable to Convince Supreme Court of NSW for Building Manager to Hand Over Contact Details of Owners Recorded on Strata Roll Background The case of The Owners – Strata Plan No. 54026 v Phillipa Ternes [2019] NSWSC 1579 involved a mixed use building...
read moreSpecial By-law Package
Special By-law Package A Special By-law is a strata by-law which sets out the process for an individual lot owner seeking the approval from the owners corporation to carry out renovation works to their lot and common property. This type of strata by-law is also known...
read moreNCAT Strata Disputes
NCAT Strata Disputes Our team of strata lawyers are highly sought after and experienced when it comes to preparing to bring or defend your Strata Disputes in the Consumer and Commercial Division of the NSW Civil and Administrative Tribunal (NCAT). To find out more...
read moreCosmetic Works and Minor Works – A Brief Introduction
Cosmetic Works and Minor Works – A Brief Introduction Cosmetic Works and Minor Works – A Brief Introduction In this brief introductory video, I discuss cosmetic works and minor renovations under the Strata Schemes Management Act 2015. To listen, click...
read moreIs Now A Good Time to Renovate? Do I Need a Special By-law?
Is Now A Good Time to Renovate? Do I Need a Special By-law? With recent media reports that the east coast housing market downturn is showing signs of recovery (at least for now) and the RBA noted at its July 2019 meeting that conditions in the established housing...
read moreHow to Apply for NCAT Interim Orders under Section 231 of the Strata Schemes Management Act 2015
How to Apply for NCAT Interim Orders under Section 231 of the Strata Schemes Management Act 2015 Introduction In strata disputes, an interim order is a type of urgent order which may be requested by an applicant lot owner or owners corporation in the NSW Civil and...
read moreHow to Appoint a Compulsory Strata Manager under Section 237 of the Strata Schemes Management Act 2015
How to Appoint a Compulsory Strata Manager under Section 237 of the Strata Schemes Management Act 2015 Introduction Strata disputes between lot owners in strata schemes arise for many reasons including, but not limited to, the lack of maintenance and repair of common...
read moreNCAT orders removal of security cameras on common property installed by lot owner
NCAT orders removal of security cameras on common property installed by lot owner Please note that the information contained in this article is for information purposes only. It is not legal advice and should not be relied upon. You should obtain legal advice before...
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