We recently reported about an NCAT case in which a lot owner was ordered to remove CCTV cameras she unlawfully installed on the common property of a strata building in breach of the by-laws and strata laws.

But what happens when a next door neighbour (who is not bound by the by-laws and strata laws) installs a CCTV camera that peers into your home?

What can you do about that? Can you force your neighbour to remove or reposition their CCTV camera?

Read here to find out: Strata and Invasion of Privacy by CCTV Cameras

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

On 15 January 2015, the Home Building Amendment Act 2014 changed the terminology and definitions for building defects from structural to “major” and from minor to “in any other case” i.e. non-major.

So, what is the new definition of a major building defect?

In these two recent NSW Civil and Administrative Tribunal (NCAT) Appeal Panel decisions they have considered the definition of major defect and how to establish whether a defect meets this definition, providing some useful guidance on this topic How to Establish a Major Building Defect.

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

The NSW Supreme Court has recently handed down a decision in regards to common property that will have a considerable impact on the practice of strata managers across the State. The Court’s decision answers the following often asked questions:

• What type of resolution does an owners corporation need to pass in order to replace an item of common property?
• Is the replacement of an item of common property a repair that can be authorised by an ordinary resolution?
• Or does a decision to replace an item of common property need to be made by special resolution because the replacement of the item will improve or enhance the common property?

What was the outcome of this recent case that involved a dispute between the owners of an apartment building on a waterfront in Sydney’s Eastern Suburbs… Replacing Items of Common Property in Strata?

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

The use of surveillance cameras in both private and public spaces is increasing significantly.

Security cameras are installed by local councils and private enterprise, and you can expect to be digitally recorded walking into a shopping centre, travelling on public transport, and even taking the dog for a walk in a local park.

An often vexed issue is what rights do strata lot owners and owners corporations have to install their own security cameras?

Owners corporations and lot owners should be aware of the Surveillance Devices Act 2007 (NSW). Do you need a by-law?

These two recent NCAT cases share some lessons Strata, Owners Corporations Lot Owners and Security Cameras

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

Cracked walls and failing waterproof membranes are two of the common issues which owners corporations have to deal with.

Difficulties may arise where, if the owners corporation takes no action, there may be further consequences in terms of damage to other common property, damage to particular lots, and damage to the property of lot owners.

For some owners corporations, the backing of an insurer can be a “life saver” in a situation like this – but what should the owners corporation do if their insurer declines coverage or otherwise refuses to pay for all or part of the damage which the owners corporation (or a lot owner) is seeking to have fixed?

So, what happens when the insurer refuses to pay? Owners Corporations Common Property and Repairs

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

Who is responsible for fixing a balcony on common property that has fallen into disrepair but was constructed without the approval of the owners corporation?

It’s not uncommon for owners to build structures on common property without the approval of their owners corporation.  But what happens when these structures fall into disrepair?

Who is responsible for fixing them?  And can the owners corporation insist on those structures being demolished?

A recent NCAT case decision may surprise you Balconies, Common Property and NCAT

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

Can the chairperson of an owners corporation disconnect the hot water supply to common property showers in a swimming pool area without the authority of his owners corporation?

A recent NCAT case grappled with this interesting issue.

So, how did they resolve it? Hot Showers, Common Property and NCAT

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

Earlier this week, the NSW Government announced plans to make new laws to improve the building and construction industry.

The Government intends to introduce laws that will make builders liable for defects in a wider variety of circumstances.

One of the key announcements is the Government’s plan to impose on builders a duty of care to enable owners corporations of commercial and mixed use buildings to take action against builders for defects.

The Government also proposes to: require builders and designers to be registered; require designers and engineers to declare that building plans comply with the Building Code of Australia; and force builders to declare that buildings have been built according to their plans.

There is also a proposal to appoint a Building Commissioner to take over part of NSW Fair Trading’s role in the building and construction industry.

The Government’s announcement comes hard on the heels of the public outcry following the recent problems experienced by owners in Sydney’s Opal Tower.

The announcement acknowledges that there are significant problems in the building and construction industry and indicates that the Government proposes to adopt most of the key recommendations made in the Shergold Weir Report.

With a State election just around the corner, it remains to be seen if anything comes from the Government’s announcement. We will certainly watch on with interest.

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 NCAT upheld a general meeting special resolution of an owners corporation that approved the installation of new rain water tanks in a strata scheme, despite there being:

• technical non-compliance with the Strata Schemes Management Act 2015 (SSMA) in the notice convening the general meeting
• an argument by a lot owner that the placement of the new rain water tanks near her lot devalued the lot

So, was the decision a victory for common sense?  Tribunal Upholds Validity of General Meeting

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

NCAT was recently presented with a unique insurance problem concerning the insurance policies for a strata scheme in the snowy mountains region of NSW.

The strata scheme contains 100 lots and common property with free standing houses and outbuildings that are situated on acreages.

The common property also includes a free standing community hall, roads and paddocks occupying 806 acres of rural land.

Confronting the owners corporation for many years was a unique insurance problem. The strata legislation required the owners corporation to insure all of the buildings in the strata scheme, even the homes and outbuildings that were situated entirely on the lots and did not contain any common property.

How did NCAT resolve this unique Insurance Problem?

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