The Supreme Court has rejected a proposal by an owners corporation to upgrade its common property in a way that would have impeded access to an owner’s car space.

The building is a residential strata scheme in inner Sydney containing 80 residential apartments, 27 car space lots and common property.

A particular car space, not attached to any apartment lot within the building, was purchased as an investment.

The owners corporation of the building proposed to change the use of and upgrade an area of common property adjacent to this car space. This upgrade, if implemented, would have impeded the ability of the owner or tenant to drive a standard size vehicle into and out of car space.

What are the broader implications of this case? Read our case paper to find out Common Property and Supreme Court

For NSW strata legal or levy collection advice contact us here or call 02 9562 1266, we’re happy to assist.

Can an owners corporation be forced to make modifications for disabled residents in its strata scheme?

Does it depend on the specific circumstances of each strata scheme?

Read on to find out: Strata Disabled Access

For strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.

We all know an owners corporation must maintain and repair common property in its strata scheme.

However, what happens when an owner alters the common property without the consent of the owners corporation?

Does the owners corporation have to repair that common property?

Read on and find out who is responsible for repairing that common property? Strata Unauthorised Works

For strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.

Can an owners corporation shut down the lifts in its building to refurbish them?

If so, does the owners corporation have to pay compensation to owners and tenants who cannot access their apartments via the lifts during a lift refurbishment? And does a lift refurbishment need to be authorised by special resolution?

There are many thorny issues to navigate, to find out more Strata Building Lift Refurbishments

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.

Can the strata committee approve repairs which alter, add to or improve common property?

The strata committee is generally able to organise maintenance and repairs to the common property. But what happens when maintenance or repairs alter, add to or improve the common property? Can the strata committee approve work of that type without the authority of a special resolution passed at a general meeting?

Read the full legal analysis here – Common Property Maintenance / Alterations

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.

In a recent case a residential apartment building in Rhodes, Sydney claimed damages against Walker Group Constructions, inferring they had breached statutory warranties.

However, after a five day hearing, the referee came to this surprising conclusion –  Were Statutory Warranties Breached?

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.

Adrian Mueller, partner, recently presented a paper about the most significant strata cases in NSW over the last 12 months, at the 12th annual conference of the ‘Australian College of Community Association Lawyers’ (ACCAL) – the peak body of strata lawyers in Australia.

To view Adrian’s presentation and strata cases click here 2017 Strata Case Presentation and 2017 Strata Case Papers.

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.

Last week the NSW Court of Appeal delivered two victories for owners corporations and in the process clarified the operation of important areas of the strata legislation.

The two victories involved:

• Access Rights Being Confirmed – The Connaught Case
• The Right to Start Legal Action Being Confirmed – The Gazebo Apartments Case

Click here to read these strata legal cases – Owners Corporation Rights Vindicated

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.

Commencement of the Swimming Pools Amendment Act 2012 has now been deferred for 12 months to 29 April 2015.

For details of the legislation and its ramifications for owners corporations refer to the following article.

Click here for the full article – Swimming Pool Legislation

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.