Disabled Residents – Do You Need to Provide Access?

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.




To Vote or Not to Vote – That is the Question?

Does a strata committee have the power to make decisions on behalf of an owners corporation?

Should you save yourselves a vote next time a clause in a by-law or a condition in an agreement refers to the approval of the owners corporation?

To vote or not to vote read on to find out Strata Voting and Meetings

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




Repair and Maintenance of Unauthorised Works

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.




Supreme Court Quashes NCAT Decision

An NCAT decision allowing a lot owner to keep unauthorised renovations was recently overturned by the Supreme Court.

In doing so, the Court confirmed that an owners corporation must act unreasonably before NCAT should overturn a decision of an owners corporation not to allow an owner to keep unauthorised alterations to common property.

Read on to find out why Supreme Court Quashes NCAT Decision to Allow Unauthorised Works

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




Case Halted Until Owners Corporation Gives Security

The Supreme Court has ordered an owners corporation suing its former lawyers to give security for the costs the lawyers will incur defending the case and has halted the case until the owners corporation does so.

In Court cases, the loser is normally ordered to pay most of the winner’s costs.  But what happens if the eventual winner is fearful that the loser will not be able to pay its costs?

Is there anything the winner can do to halt the case before it incurs substantial costs fighting the case?

This decision is a game changer.  Read on to find out why… Owners Corporation Security Costs for Building Defects

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




Is Fair Trading Wrong? Are Anti-Airbnb By-laws Valid?

Recently, NSW Fair Trading modified its well known “Strata Living” handbook to indicate that by-laws prohibiting short term lettings are invalid.

But, has Fair Trading got it wrong? Are anti-Airbnb by-laws valid?

For further details please click Short Term Letting and Fair Trading

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




You May Have Heard There’s Been a Delay!

The NSW Government recently announced the delay of the strata building bond and inspection scheme.

Originally announced to start 1 July 2017 the commencement date has now been revised to 1 January 2018.

The delay is to allow for issues arising from the consultation phase to be addressed.

Please refer to the Building Defect Bond Scheme for further information.

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




Are House Rules Binding? This will Surprise You!

 House rules are not binding right?  You might be surprised.

The rules which govern participation in a strata scheme are called by-laws.  By-laws are made by a developer on registration of a strata plan or by an owners corporation by special resolution passed at a general meeting. By-laws are registered on the title of the common property and are binding on the owners corporation and owners and occupiers of the lots.  If by-laws are breached, they are able to be enforced.

By-laws are registered on the title of the common property and are binding on the owners corporation and owners and occupiers of the lots.  If by-laws are breached, they are able to be enforced.

But…what about rules that are made by a strata committee and placed on a notice board? Strata Rules and By-laws

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

 




Lift Refurbishments and Compensation Payouts?

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.




Structural Defects Given a Limited Meaning

The Supreme Court has decided that structural defects under the old home building legislation do not extend to cover building elements such as waterproofing membranes and tiling attached to structural components of the building.

This is bad news for owners corporations of residential buildings who made home warranty insurance claims or defect claims against builders and developers before 2015 that are still current because it will essentially limit the scope for them to argue that defects are structural defects that are covered by a six year warranty instead of the two year warranty for non-structural defects.

For owners corporations of residential buildings, this is bad news – Strata and Structural Defects.

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