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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...
read moreUse 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...
read moreStrata 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...
read moreThoo’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:
read moreDo 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...
read moreExpert 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...
read moreNo 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"...
read moreDisputes 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...
read moreCommon Property, Lots and Strata Title Issues
Common Property, Lots and Strata Title Issues Introduction To distinguish between common property and lot property in a strata scheme one must consider the following: Understanding the strata plan for the scheme concerned Knowing the definitions and boundary rules for...
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