Category: Strata Law

Changes to the Strata Schemes Management Act 2015. Nine amendments effective now, or soon…

Changes to the Strata Schemes Management Act 2015.

Published by Chris Prestipino

What are my Rights and Obligations in Respect of Defects or Repairs in my Lot?

Legal battles may be complex, time-consuming, and costly. In order to avoid unnecessary disputes, it is important to be aware of your rights and obligations arising from living in strata. Particularly, it is important to be aware of your rights and obligations in respect of potential defects or repairs that may affect your lot. An overview of some key considerations is provided below.

Published by Daniel Russell and Cameron Wilson

Beneficiaries of policies issued under the Home Building Compensation Fund

In the case of Gardez Nominees Pty Ltd v NSW Self Insurance Corporation [2016] the Supreme Court made determinations as to whether the plaintiff mortgagee in that matter was a beneficiary of a policy of insurance issued under to the Home Building Compensation Fund. The decision potentially has wide ranging implications given the interpretation given to a number of key provisions in the Home Building Act 1989.

Published by Daniel Russell

Short term letting restrictions in a strata scheme

On 10 April 2020, amendments to the Strata Schemes Management Act 2015 came into force relating to an owners corporation's power to restrict or prohibit short term letting through its by-laws.

Published by Daniel Russell

Quit Parking There You Nuisance! – Nuisance and By-law Interpretation in The Owners Strata Plan No 2245 v Veney [2020] NSWSC 134

In the recent Supreme Court case of The Owners Strata Plan No 2245 v Veney [2020] NSWSC 134, Darke J made a guiding decision concerning the interpretation of by-laws and alleged nuisance within a strata scheme.

Published by Daniel Russell and Chris Prestipino

Accessing a lot: rain or shine

An overview of an owners corporation's power to enter a lot in light of recent wind and heavy rainfall.

Published by Daniel Russell

Community title law reforms—draft bills released for comment

Fair Trading NSW has recently made available two draft bills for feedback from the general public, namely the draft Community Land Management Bill 2019 and draft Community Land Development Bill 2019.

Published by Daniel Russell

Important Decision on NCAT Jurisdiction for Common Property Claims

On 15 January 2020, the Appeal Panel of the New South Wales Civil and Administrative Tribunal (“NCAT”) published a joint decision in two cases: The Owners—Strata Plan No 74835 v Pullicin (“Pullicin”); and The Owners—Strata Plan No 80412 v Vickery [2020] NSWCATAP 5 (“Vickery”).

Published by Scott Chambers and Joel White

Lot owner derivative actions

In Tan v The Owners - Strata Plan No 22014 (No 2) [2015] the Supreme Court opened the door to lot owners taking derivative actions on behalf of owners corporations. In this case note we analyse the reasoning of the Court that entitled the lot owner in that case to take such action and be indemnified for their costs in doing so.

Published by Daniel Russell

Recent developments in strata defect litigation: Strata Plan 74602 v Brookfield Australia [2015] NSWSC 1916

The Owners - Strata Plan 74602 v Brookfield Australia Investments Limited [2015] NSWSC 1916 illustrates a number of the evidentiary and legal challenges faced by owners corporations in heavily contested Supreme Court defect litigation. In his decision, His Honour Justice Stevenson provides further guidance from the Supreme Court with respect to the statutory and case law landscape in residential building defect litigation.

Published by Daniel Russell

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