Strata Law Articles, Updates and Recognition

Fixed Fee Strata Adjudications

Fixed Fee Strata Adjudications At Pobi Lawyers, we know that lot owners and owners corporations want an experienced strata lawyer who is flexible, accessible, offers budget certainty, value for money and an efficient means of assisting them in resolving their strata...

Negligence Claim Against Owners Corporation For Failure to Maintain and Repair Common Property

Although the recent decision of the NSW Court of Appeal in Owners Strata Plan 50276 v Thoo [2013] NSWCA 270 decided that a breach of section 62 of the Strata Schemes Management Act 1996 does not give a lot owner a cause of action in damages against the owners...

Owners Corporation’s Duties Regarding Window Safety Devices/Barriers

Owners Corporation's Duties Regarding Window Safety Devices/Barriers We have received a number of enquiries lately in relation to the effect of the newly inserted section 64A of the Strata Schemes Management Act 1996 (“SSMA”) (which came into effect on 11 December...

Can A Strata Scheme Be Wound Up In Insolvency?

Can A Strata Scheme Be Wound Up In Insolvency? We have received some recent enquiries from lot owners in strata schemes seeking advice in relation to whether or not an owners corporation (strata scheme) can be wound up in insolvency by a Court. The starting point is...

Who Is A “Lot Owner Concerned” Under Exclusive Use and Special Privilege By-Laws?

This article explains the interpretation of the expression “the owner or owners of the lot or lots concerned” by reference to recent case law. Section 52 of the Strata Schemes Management Act 1996 (“SSMA”) applies where a by-law confers a right of exclusive use and...

Use of Building Intruder Alarms in Strata Schemes

How Long Can An Alarm Legally Sound? For strata scheme buildings in New South Wales, an occupier of any premises must not cause or permit a building intruder alarm installed on those premises to be used so as to emit noise that can be heard within a habitable room in...

Strata Mediation

What is strata mediation? Strata mediation is a type of negotiation process in which parties involved in a strata dispute seek the assistance of an impartial mediator appointed by NSW Fair Trading to assist them resolve their dispute and hopefully achieve a...

Thoo’s Case Continues To Haunt Owners One Year On

It has been almost one year since the handing down of the NSW Supreme Court, Court of Appeal's decision in Thoo's case. Click on the following webinar link to find out what has happened since last year:

Do I Need To Pay An Owners Corporation Money for an Exclusive Use By-Law?

Do I Need To Pay An Owners Corporation Money for an Exclusive Use By-Law? We have recently received an influx of enquiries from lot owners in strata schemes seeking advice on whether or not they are required to pay their owners corporation money (compensation), either...

Expert Evidence in Strata Litigation

Expert Evidence in Strata Litigation Expert witnesses play an important role in strata and defect litigation. We often engage expert witnesses during the course of matters that we are involved in. For example: matters involving common property building defects rely...

No Smoking By-Laws in Strata Schemes – How Far Can They Go?

No Smoking By-Laws in Strata Schemes – How Far Can They Go? The starting point is the decision of Salerno v Proprietors of Strata Plan No 42724 (1997) 8 BPR 15457 where the Supreme Court of New South Wales considered the issue of whether the "smoking within any lot"...

Disputes Between Adjoining Strata Schemes – What Can I Do?

Disputes Between Adjoining Strata Schemes - What Can I Do? At present, section 139(1) of the Strata Schemes Management Act 1996 (“SSMA”) states that an Adjudicator may make an order to settle a dispute between 2 strata schemes if the strata schemes concerned are...