Strata Law Articles, Updates and Recognition

Strata Levies – FAQ’s

Strata Levies – FAQ's What is a unit entitlement? Unit entitlements: (a) define the proportion of levies paid by each lot owner in the strata scheme; (b) determine a lot owner's voting rights at general meetings of the owners corporation; (c) determine the proportion...

Season’s Greetings!

Seasons Greetings! The office of Pobi Lawyers will be closed over the Christmas and New Year holiday period from 5.00pm Friday 20 December 2013 and will re-open at 9.00am on Monday 6 January 2014. We would like to thank you for your support during 2013 and look...

Expert Determination Clauses – Are they Final and Binding?

Expert Determination Clauses and Strata Management Statements - Are they Final and Binding? Strata Management Statements often include dispute resolution clauses that include a mechanism to refer some or all disputes that might arise to an expert for determination....

Security for Costs

Security for Costs - Statewide Developments Realty Pty Ltd v The Owners Corporation, SP 77457 & Ors [2013] NSWSC 1750 The Facts The plaintiff carried on a business of providing caretaker services to owners corporations and other owners of buildings. There were 43...

Consent to By-Laws – Case Update

Jennifer Elizabeth James v The Owners Strata Plan No. SP 11478 (No 4) [2012] NSWSC 590 (4 June 2012) The strata scheme was subject to the appointment of a compulsory strata managing agent under section 162 of the Strata Schemes Management Act 1996 ("SSMA"). One of the...

Exclusive Use and Special Privilege By-Laws

Introduction to Exclusive Use and Special Privilege By-Laws Exclusive use or special privilege by-laws are contractual and not proprietary rights (see Northwind Pty Limited v The Proprietors Strata Plan No. 3143 (1981) 2 NSWLR 809). As these rights are not...

Maintenance and repair of common property

The Owners Corporation's Duty to Maintain and Repair Common Property Section 62(1) of the Strata Schemes Management Act 1996 ("SSMA") states that an owners corporation must properly maintain and keep in a state of good and serviceable repair the common property and...

Introducing NCAT

Introducing NCAT The NSW Civil and Administrative Tribunal ("NCAT") will commence operations from 1 January 2014 where 23 of the state’s Tribunals will have merged into NCAT. The Civil and Administrative Tribunal Act 2013 received Royal Assent on 4 March 2013. It...

Thoo’s case – The Owners Strata Plan 50276 v Thoo [2013] NSWCA 270

The Owners Strata Plan 50276 v Thoo [2013] NSWCA 270 In The Owners Strata Plan 50276 v Thoo [2013] NSWCA 270, the NSW Court of Appeal has "closed the loop hole" on damages claims by lot owners for loss of rent or value as a result of the owners corporation's breach of...

Michael Pobi becomes a member of ACCAL

Congratulations to our principal Michael Pobi who became a member of the Australian College of Community Association Lawyers (ACCAL) on 12 November 2013....

Retaining Wall Disputes

This article gives a brief overview of the laws regulating retaining wall disputes in New South Wales. Dividing Fences Act 1991 NSW Since 2008, under amendments to the Dividing Fences Act 1991 (NSW), an adjoining owner can seek a contribution for the carrying out of...

Interim Orders

Interim Orders An interim order is an urgent order made by an Adjudicator of the Consumer, Trader and Tenancy Tribunal of New South Wales which is made in an attempt to restrain action by another party pending the determination of the substantive (or final)...