Blog
Exclusive Use By-Laws: Attic, Courtyards and Car Spaces
For lot owners in a strata scheme, securing exclusive use of certain common property areas, such as attic spaces, courtyards, or car spaces, requires a common property rights by-law. This by-law grants a specific lot owner the right to use and, in some cases, modify an area of common property that would otherwise be shared by all owners.
View Full PostClarifying Owners Corporation Duties and Lot Owner Responsibilities: Key Insights from The Owners – Strata Plan No 2661 v Selkirk [2024] NSWSC 760
Introduction The recent decision in The Owners – Strata Plan No 2661 v Selkirk [2024] NSWSC 760 (“Selkirk”) provides useful guidance on the relationship between the obligations imposed upon owners corporations to maintain and repair common property under s62 of the...
View Full PostProposed Changes Under the Strata Schemes Legislation Amendment Bill 2024 – What You Need to Know
The Strata Schemes Legislation Amendment Bill 2024 has been introduced into the NSW Parliament, bringing forward a series of reforms designed to enhance the governance and oversight of strata and community schemes. These revisions incorporate a wide range of...
View Full PostProxy Fraud Claims Go South: Applications for Compulsory Management and Strata Committee Member Removal Refused: Read v The Owners – Strata Plan No. 5362
Background In the recently handed down decision of Read v The Owners – Strata Plan No. 5362 [2024] NSWCATCD 27, the Tribunal (NCAT) was faced with considering an application for the appointment of a compulsory strata managing agent under section 237 of the Strata...
View Full PostUnderstanding the Removal of Strata Committee Members Under Section 238 of the Strata Schemes Management Act 2015
Introduction Owners Corporations in New South Wales often encounter challenges in managing their strata schemes. Section 238 of the Strata Schemes Management Act 2015 (SSMA) equips the NSW Civil and Administrative Tribunal (NCAT) with the authority to issue orders...
View Full Post![Understanding the Non-Recoverability of Mediation Costs in Strata Disputes – A Key Appeal Decision Analysis – The Owners – Strata Plan No 21563 v Rutherford [2023] NSWCATAP 326](https://www.pobilawyers.com.au/wp-content/uploads/2024/01/slide-3-400x250.jpg)
Understanding the Non-Recoverability of Mediation Costs in Strata Disputes – A Key Appeal Decision Analysis – The Owners – Strata Plan No 21563 v Rutherford [2023] NSWCATAP 326
Understanding the Non-Recoverability of Mediation Costs in Strata Disputes - A Key Appeal Decision Analysis - The Owners – Strata Plan No 21563 v Rutherford [2023] NSWCATAP 326 Background This recent NCAT Appeal Panel decision addresses an appeal about the...
View Full Post![Echoes of Discontent: Navigating Noise Disputes – Jiang v Sui [2023] NSWCATCD 127](https://www.pobilawyers.com.au/wp-content/uploads/2024/01/businessman-reading-contract-closeup-400x250.jpg)
Echoes of Discontent: Navigating Noise Disputes – Jiang v Sui [2023] NSWCATCD 127
Background In an apartment complex in Ultimo, New South Wales, a disagreement emerged between two lot owners. Ms Jiang and Mr Wang, who own Lot 27, raised concerns about noise from Lot 35, owned by Mr Xin Sui (Sui). This noise issue began after Sui renovated his...
View Full Post
Costs Recovery By-laws Under the Microscope
Introduction In the realm of strata law, by-laws play a pivotal role in governing the rights and responsibilities of lot owners and the Owners Corporation. These by-laws, while essential, must be drafted with precision, fairness, and in accordance with the Strata...
View Full PostSydney Morning Herald Features Our Strata Law Expertise on NSW Fair Trading Issues
I recently had the privilege of being featured in an article by the Sydney Morning Herald. The article, accessible here, casts a spotlight on the significant challenges individuals often encounter when dealing with New South Wales Fair Trading. Notably, it addresses...
View Full Post