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...
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...
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...
Major Works By-law What is a Major Works By-law? A Major Works By-law is a strata by-law which sets out the process for lot owners seeking the approval from the owners corporation to carry out Major Works to their lot and common property. This type of strata by-law...
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