Strata Law Articles, Updates and Recognition

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...

New Strata Laws to Commence on 30 November 2016

The new strata laws will commence on 30 November 2016. To find out how they make affect you, please call Michael Pobi on (02) 8710...

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...

New Strata Laws: Procedure for Removing a Motor Vehicle Parked on Common Property Explained

New Strata Laws: Procedure for Removing a Motor Vehicle Parked on Common Property Explained It is anticipated that the new Strata Schemes Management Act 2015 and its corresponding regulation, the Strata Schemes Management Regulation 2016 (“the Act”), will commence in...

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...

Can A Lot Owner Revoke the Appointment of a Compulsory Strata Managing Agent?

For many lot owners, the appointment of a compulsory strata managing agent to manage their strata scheme produces mixed emotions. Some lot owners view the appointment as draconian, as it has the effect of removing lot owners' and the executive committees' voting...

Seasons Greetings from Pobi Lawyers

Pobi Lawyers wishes you a safe and happy festive season and all the very best for 2016.

Strata Law Reform Update

The NSW Strata Schemes Management Act 2015 and Strata Schemes Development Act 2015 received assent on 5 November 2015. It is expected that the new laws will take effect in July...

Beware: Adjudicator’s Discretion to Dismiss Adjudication Application by an Unfinancial Lot Owner

Many lot owners are unaware that not being financial i.e. not having their levies paid up to date does not only prevent their vote counting at an owners corporation's general meeting or being permitted to requisition an extraordinary general meeting, but it can also...

Strata Renovations by Strata Lot Owners – Some Frequently Asked Questions

Spring is already upon us and there is an increasing number of requests from lot owners residing in strata schemes to renovate their strata lot which frequently involves the request for exclusive use of common property attic spaces, courtyards, balconies and other...

Beware: Issue Estoppel Applies to Strata Adjudications

Beware: Issue Estoppel Applies to Strata Adjudications In the recent Land and Environment Court of New South Wales decision of The Owners Strata Plan 432 v Seddon [2015] NSWLEC 69, Sheahan J said at paragraph 390 “I conclude that a decision of a Strata Adjudicator can...

Is A Proxy Entitled To Vote on Behalf of the Estate of A Deceased Lot Owner?

I have recently been asked about whether a proxy can attend a general meeting of an owners corporation and vote on motions on behalf of the estate of a deceased lot owner. In our view a proxy could vote on behalf of the estate of a deceased lot owner in the following...