Blog
Neighbour Disputes Over Water Damage – What Can I Do?
The flow of surface water, water leakage, run-off damage and overflow from an adjoining property's drains, sewers or burst pipes can be a source of dispute between adjoining land owners including a health and safety risk. Disputes between neighbours over water run-off...
read moreSupreme Court Declares By-Laws To Be Invalid
Noon v The Owners - Strata Plan No. 22422 [2014] NSWSC 1260 (16 September 2014) A recent Supreme Court of NSW decision is an important warning for owners corporations not to take short cuts when making by-laws otherwise they run the risk of court proceedings by future...
read moreOnline Strata By-Law Application Form
You spoke. We listened. We are the 1st strata law firm to offer an Online Strata By-Law Application Form on our website which provides our clients and potential clients a more user friendly experience in completing by-law requests.
read moreSolicitors Attending EGM’s On Behalf Of Their Clients
There has been some controversy recently regarding whether or not an executive committee or chairperson are within their rights to disallow a solicitor, who is acting on behalf of their client lot owner(s) and is present at a general meeting of the owners corporation...
read moreFixed 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...
read moreNegligence 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...
read moreOwners 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...
read moreCan 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...
read moreWho 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...
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