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Short 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 moreNew COVID-19 strata amendments
The Strata Schemes Management Amendment (COVID-19) Regulation 2020 commenced on 5 June 2020 and amended the Strata Schemes Management Regulation 2016 in response to the COVID-19 pandemic. The amendments permit: Notice of, or any other document in relation to, a...
read morePodcast 1 – Applying for Compulsory Strata Management in NCAT
In this Podcast, Michael Pobi, Strata Specialist Lawyer at Pobi Lawyers, provides useful information on: how to apply for an order under Section 237 of the Strata Schemes Management Act 2015 to appoint a compulsory strata manager at NCAT; who can bring such an...
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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