The NSW Court of Appeal has handed down the most important decision concerning building defects in many years.

This decision means that builders and developers can be held liable for design defects.

This is a positive decision for owners corporations as it extends the scope of the statutory warranties concerning the quality of residential building work that is given by builders and developers to owners corporations under the home building legislation.

The case concerned defective residential building work that was undertaken to convert a warehouse complex originally built in 1928 into a mixed use strata development in Camperdown, Sydney.

So, what was the case about? Building Defects Case Important Decision

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

NCAT has recently changed the rules that apply to expert evidence in most strata cases.

These changes relax the rules relating to expert evidence and make it easier for opinions to be given by experts in a quicker and cheaper way.

Previously, if a person such as a building consultant, engineer or valuer, wanted to give expert evidence in a strata dispute in NCAT, they had to comply with certain rules before their evidence would be accepted.

These included rules that required the person to follow an Expert Witness Code of Conduct to ensure that they act as an independent expert and not as the “hired gun” of one of the parties.

Often, an expert’s report would be rejected by NCAT if those rules were not followed.

However, those rules no longer apply to most strata disputes. This means that experts will now be able to give evidence in most strata cases in NCAT without having to comply with every aspect of the Expert Witness Code of Conduct.

This is intended to ensure that opinions for strata disputes, given by experts, are able to be obtained in an easier and cheaper way although those opinions will still need to be soundly based and reliable.

So, what are the new rules for giving expert evidence? NCAT Changes the Rules for Strata Disputes.

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

Illegally parked vehicles taking up visitor parking spaces in strata blocks are becoming more and more of an issue as the Sydney community grows and creates more demand for parking. 

It’s reported that residents and non-residents are taking up visitor car parking with their extra cars, strangers dumping unregistered vehicles and apartments near major centres or transport hubs being targeted by commuters, all ignoring the rules and causing grief across Sydney’s high-rise strata communities.

So, what can be done?

Are owners corporations powerless to remove illegally parked vehicles from visitor parking spaces in strata blocks? A recent article in SMH Domain suggests this is the case.

But what is the true position? Download to find out what can be done about Illegally Parked Vehicles in Strata. 

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

The Supreme Court recently ordered a lot owner who succeeded in litigation against an owners corporation to pay the owners corporation’s legal costs.

This is one of the first times a litigant has been punished by an adverse costs order for approaching the Supreme Court for relief which could have been given by NCAT.

We recently wrote about this case and the decision of the Supreme Court. The Court decided that an owners corporation of an apartment building in inner Sydney could not upgrade or build on common property in a way that would prevent a lot owner gaining access to, and egress from, a car space lot with a regular sized car.

So, what was the outcome after the Court handed down its judgment? Why did the Court decide that the lot owner should pay the litigation costs?

Read the full details here Supreme Court Orders Winner to Pay Legal Costs.

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

After four sets of legal proceedings, the Supreme Court has finally given the green light for a lot owner to keep his outdoor spa and decking installed on an external area in a lot in a residential strata scheme.

This case highlights the restrictions that apply to appeals to the Supreme Court against decisions made by NCAT in strata disputes and the difficulty winning those appeals.

Read the full case here; After 4 Years, Mr Nicholls Gets to Keep His Spa

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

Recent research conducted by the University of NSW lists the top 15 common building defects in strata blocks.

To deal with problems caused by defective building work in new strata buildings, the NSW Government introduced a building bond scheme which commenced on 1 January 2018.

The bond scheme will apply to many new strata buildings that are built this year.

So, what do strata managers need to know?

To help you navigate the new laws we’ve prepared this paper Building Defects Bond Scheme that covers everything strata managers need to know.

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

Thanks Strata, as a wrap up here are some useful links from 2017…

• We shared our strata knowledge through our new resource library
• We listened to you and launched our new brand and website
• We developed strata by-law and meeting templates for the new strata laws
• We tweeted, 54 times sharing the latest in strata law
• We posted, 45 times on LinkedIn with the latest updates
• We collected for over 600 new levy debt recovery matters plus our regulars
• We expanded our team to better service the strata industry

We’re taking a break from 5.30pm 21 December 2017 and returning on 15 January 2018.

We wish you and your families a safe and happy ‘Festive Season’ and look forward to working with you in 2018.

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

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 decision, NCAT has confirmed that it does not have power to impose monetary penalties on persons who breach orders made by NCAT.

This decision highlights an important flaw in the new strata legislation which needs to be fixed.

Read on to find out more – NCAT Strata Disputes Floors and By-laws.docx

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

In a landmark ruling, NCAT has ordered an owners corporation to pay compensation to an owner for water damage to the owner’s unit caused by defects in the common property.

This ruling indicates that NCAT is able to resolve strata disputes by making compensation orders.

But has NCAT got it wrong? Read on to find out: NCAT Orders Owners Corporation to Pay Compensation

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