What are Common Property Rights By-laws? A Common Property Rights By-law is one which confers on the owner or owners of a specified lot or lots in the strata scheme: a right of exclusive use and enjoyment of the whole or any specified part of the common property; or...
Lot Owner’s Claim in Nuisance against Owners Corporation The NSW Court of Appeal in McElwaine v The Owners – Strata Plan No. 75975 [2017] NSWCA 2 (20 September 2017) has held that a lot owner has the right to claim damages against an owners corporation in...
Tribunal Awards Lot Owner Damages for Breach of Owners Corporation’s Duty to Maintain and Repair Common Property under Section 106 of the Strata Schemes Management Act 2015. The Applicant, the owner of a lot in a strata scheme, sought substantive orders pursuant...
Tribunal Awards Lot Owner Damages for Breach of Owners Corporation’s Duty to Maintain and Repair Common Property under Section 106 of the Strata Schemes Management Act 2015 In this case the NSW Civil and Administrative Tribunal held that it had jurisdiction to...
Wrigley, is the owner of a lot in Strata Plan 53413. The Respondent is the Owners Corporation. The Owners Corporation made an application for an order from a Strata Adjudicator, under section 150 of the Strata Schemes Management Act 1996 (“SSMA1996”) that Mr Wrigley’s...
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