Blog
Michael Pobi presents to iCLE on strata by-laws
Due to Michael Pobi's keen interest in strata by-laws, Michael Pobi presented a seminar to iCLE titled "Strata By-Laws 101" in October 2014 which is directed towards property lawyers, general lawyers, strata managing agents, executive committees and lot owners. A link...
read moreThe Neighbour From Smell
The Neighbour From Smell We have all heard about or had to deal with the neighbour from smell at some point in our life. You know the one I am talking about. From unpleasant cooking smells to cigarette smoke, barbecue smoke to pet urine in common areas and rubbish...
read moreNoise Abatement Orders
Quite often residents living in strata schemes are unaware that their daily activities may cause a level of noise which another resident finds intolerable and/or offensive. Although by-law 1 (Noise) regulates noise in a strata scheme and an owners corporation can take...
read moreAdverse Possession of Common Property – Can It Exist?
I am surprised by the number of lot owners who have approached me claiming that they have had possession and use of a specified part of common property for many years and believe it would be unjust or unfair in the circumstances for the owners corporation to remove...
read moreCommunity Schemes Law Reforms in NSW
The NSW government has recently released its Position Paper outlining the reforms it proposes to make in relation to community scheme laws in NSW. According to the Position Paper, there are approximately 700 community schemes, 40 precinct schemes and 1,460...
read moreIs Sufficient Compliance With Section 62 Good Enough?
Is Sufficient Compliance With Section 62 of the Strata Schemes Management Act 1996 Good Enough? There appears to be a body of supporters who take the view that Strata Schemes Adjudicators will usually decline to make orders under sections 138 and 62 of the Strata...
read moreProxy Farming in Strata
What is Proxy Farming? Proxy farming, also known as proxy harvesting or stacking votes, is a process where one or more owners in a scheme (the proxy farmer(s)) tell other owners in the scheme that their proxy form is required to either support a particular cause,...
read moreRetrospective By-Law Approval
Quite frequently new owners in strata schemes are unaware of the requirement to obtain owners corporation approval pursuant to a by-law under section 65A and/or section 52 of the Strata Schemes Management Act 1996 ("SSMA") before starting their renovation works which...
read moreConsumer Claims in NCAT
What Is A Consumer Claim? A consumer claim is defined under section 3A of the Consumer Claims Act 1998 (“CC Act”) and, for the purposes of the CC Act, it is: (a) a claim by a consumer for the payment of a specified sum of money, or (b) a claim by a consumer for the...
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