Strata Law Articles, Updates and Recognition

Defamation in strata schemes

Defamation in strata schemes As with anything else in life, living in strata has its advantages and it's disadvantages. I'm often surprised at what people say about others and their lack of concern about defamation. Executive committee members have often been the...

Home Building Regulation (Proof)

In NSW Parliament on 7 May 2014, the following question was directed to the Minister for Fair Trading, the Hon Matthew Mason-Cox: "What action is the Government taking to improve the regulation of home building?" The following is a brief summary of some of the "as...

Council orders and by-laws

The Owners - Strata Plan No 47561 v Nowland [2014] NSWSC 483 Background The owners corporation sought orders compelling a lot owner to remove unauthorised structures from rooftop area of common property. By an amended summons the owners corporation sought access to...

Thoo v Owners -Strata Plan No 50276 [2014] HCASL 79

Thoo v Owners - Strata Plan No 50276 [2014] HCASL 79 The High Court of Australia has refused the owners corporation's application for special leave to appeal the NSW Court of Appeal's decision of The Owners Strata Plan 50276 v Thoo [2013] NSWCA 270 which held, amongst...

Which strata by-laws apply to a strata scheme?

Summary Table Date Applicable By-laws Strata plans registered prior to 1 October 1974 By-laws 1 to 29 of the Strata Titles Act 1973 ("STA") applicable to strata plans registered prior to 1 October...

Do I Need a Strata By-Law to Renovate My Unit?

Frequently Asked Questions I want to renovate my unit and the owners corporation's strata managing agent or executive committee has directed me to obtain a by-law. Do I need a strata by-law? The starting point is to understand the effect of By-law 5 of the model...

When the recovery of s80 expenses goes south

Local Court of New South Wales slams owners corporation trying to recover s80 expenses when levies had been paid: The Owners - Strata Plan No 52098 v Khalil [2014] NSWLC 2 The Court held: "53 Firstly, expenses are only recoverable "to the extent that such costs and...

Ratification under section 80D

Supreme Court of New South Wales finds that the availability of ratification to an owners corporation where the mandatory requirements of section 80D have not been met in any particular case will depend on the precise circumstances: The Owners Corporation SP 70798 v...

Executive Committees

FACT SHEET: CONSTITUTION OF EXECUTIVE COMMITTEE OF THE OWNERS CORPORATION AND MEETINGS OF THE EXECUTIVE COMMITTEE PART 1: CONSTITUTION OF EXECUTIVE COMMITTEES FOR STRATA SCHEMES WITH MORE THAN 2 LOTS 1. This Part applies to an owners corporation for a strata scheme...

Insufficient Notice of General Meeting Invalidates Special Levy

Litigation & Dispute Resolution

Dividing Fence Damage – What Can I Do?

It is not uncommon for adjoining land owners, including owners corporations, to be drawn into disputes involving a fence. This can include damage to common property such as a wall, driveway or footpath, a neighbouring lot owner's property or a retaining wall. These...