Strata Disputes – Under the Ground up in the Air and Everywhere in Between 

Strata disputes and common property come in all shapes and sizes, especially when dealing with neighbouring property owners.

As owners of real property, owners corporations find themselves dealing with the owners of neighbouring land in a multitude of circumstances.

Neighbouring Land Disputes

• Easements
• Ground Anchors
• Cranes
• Scaffolding
• Trees, Fences and Walls
• Law of Nuisance
• Damage and Liability
• And even, landslides

You’ve probably had reason to deal with one or more of the above – but if you haven’t, then get ready, because you almost certainly will at some point in time!

Read on… Common Property and Dealing with Adjoining Owners

DEALING WITH NEIGHBOURING PROPERTY – DO YOU NEED AN EASEMENT?

Warwick van Ede I BEc LLM I Lawyer

Since 1990, Warwick has specialised in strata law, property law and litigation. Recognised for his expertise, he is also a NSW Law Society Accredited Specialist in Property Law. In 2021 he was selected to serve on the Property Law Committee of the Law Society of NSW. Profile I LinkedIn

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For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist. 

Who is Responsible for Common Property Repairs Caused by Rain?

Australia recently had its wettest November in 122 years. March and April 2022 have also seen unprecedented rainfall in New South Wales.

Extensive rainfall events test the patience of every strata manager resulting in numerous complaints about water leaks into strata lots.

Faced with endless demands, owners corporations need to be very clear about their responsibilities, so it’s timely to revisit some of the “fundamentals”.

In the article below we discuss…

Step 1 – Is it the owners corporation’s responsibility?

Step 2 – If it leaks has the common property failed?

Step 3 – Are damages payable by the owners corporation for common property failures?

For more read Rain and Maintaining Common Property – Who is Responsible?

What is the Next Chapter for Pets and Strata?

If you are an owner or occupier of strata property,  you could not help but notice the flurry of activity over the last couple of years, both at a legislative level and in the Courts of New South Wales in relation to the question of pets.

In the next (but probably not the last) instalment of this saga, the New South Wales Government is implementing amendments to the legislation and to regulations, to commence on 25 August 2021.

Amendment to the Strata Schemes Management Act 2015

Commencing on 25 August 2021, section 137B will be inserted into the Act. Section 137B effectively prevents a by-law, or a decision of an owners corporation under a by-law, from banning the keeping of an animal within a strata scheme unless the animal unreasonably interferes with another occupant’s use and enjoyment of their lot or the common property.

The question which arises from this section is what is meant by “unreasonably interferes with another occupant’s enjoyment of their lot or the common property”?

The New Regulation

Also, now to commence on 25 August 2021 is the Strata Schemes Amendment (Pets) Regulation.

The specific purpose of this regulation is to set out, for the purposes of section 137B, the circumstances in which the keeping of an animal unreasonably interferes with an owner or occupant’s use and enjoyment of their lot.

In short, this new regulation says that an animal will cause an “unreasonable interference” with an owner or occupant’s use and enjoyment of their lot if:

• the animal makes a noise which interferes with the peace, comfort and convenience of another occupant;
• the animal repeatedly runs at or chases another occupant, visitor or another animal;
• the animal repeatedly causes damage to the common property or to another lot;
• the animal endangers the heath of another occupant through infection or infestation;
• the animal causes a persistent offensive odour that penetrates another lot or the common property; or
• for dogs and cats, the owner of the animal fails to comply with orders under the Companion Animals Act 1998.

The provisions also pick up the provisions of the Companion Animals Act 1998 which refer to a “restricted” dog and a “menacing or dangerous” dog. Those dogs will be able to be banned from strata buildings.

Conclusion

It will be interesting to see whether these additions to the strata legislation assist or provide more interpretive problems for owners corporations.

Author I Warwick van Ede I Lawyer I BEc LLM Acc Spec (Property).

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

How should your owners corporation deal with a request from a lot owner to attend at Mediation?

Mediation is an important part of the dispute resolution processes for strata schemes pursuant to the Strata Schemes Management Act 2015.

A recent decision of the Appeal Panel of NCAT  has underlined the need for agreements reached at Mediation to be sufficiently certain if they are to be capable of being enforced under the strata legislation.

This in turn raises questions about how owners corporations should approach Mediation, particularly the most common form of Mediation for strata matters, under the auspices of Fair Trading NSW.

In this recent case we explain how getting the wrong advice can stop you from enforcement.

Where ever possible an owners corporation should take the following steps Mediation and the Right Advice.

For all NSW strata legal including by-laws, building defect and levy collection advice contact us here or call 02 9562 1266, we’re happy to assist.

Warwick van Ede, NSW Law Society Accredited Specialist in property law, and senior lawyer at JS Mueller & Co Lawyers, has been appointed a member of the Property Law Committee of the Law Society of NSW for 2021 due to his extensive expertise in property and strata law.

Have Your Say Strata!

For all NSW strata legal including by-laws, building defect and levy collection advice contact us here or call 02 9562 1266, we’re happy to assist.

Hot off the press!

Warwick van Ede, a NSW Law Society Accredited Specialist in property law, and senior lawyer at JS Mueller & Co Lawyers, has been appointed a member of the Property Law Committee of the Law Society of NSW for 2021 due to his expertise in property and strata law.

An experienced lawyer of almost 30 years, Warwick specialises in litigation, property and strata law, with a focus on NSW.

Warwick has appeared, often as advocate, in all Courts and Tribunals across NSW representing clients at NCAT, the Supreme Court, and Federal Court of Australia and in lower Courts.

JS Mueller & Co Lawyers are proud of Warwick’s achievement and are confident Warwick will be an excellent committee member providing sound policy input and advice using his specialist knowledge and experience in the area of property and strata law.  Warwick’s appointment also recognises the expertise held by the team at JS Mueller & Co in property and strata law.

By drawing on the insights of expert committee members such as Warwick, the Law Society is able to act as a major player in law reform and policy debates including in relation to strata law. We look forward to Warwick making a valuable contribution to law reform in the strata space.

To view Warwick’s full profile click here.

For all NSW strata legal including by-laws, building defect and levy collection advice 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.