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Strata Management Statements

Strata Management Statements A Strata Management Statement (SMS) is an individually drafted document governed in New South Wales under the Strata Schemes (Freehold Development) Act 1973 and is used to regulate the relationship between individual owners corporations...

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Defamation in strata schemes

Defamation in strata schemes As with anything else in life, living in strata has its advantages and it's disadvantages. I'm often surprised at what people say about others and their lack of concern about defamation. Executive committee members have often been the...

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Home Building Regulation (Proof)

In NSW Parliament on 7 May 2014, the following question was directed to the Minister for Fair Trading, the Hon Matthew Mason-Cox: "What action is the Government taking to improve the regulation of home building?" The following is a brief summary of some of the "as...

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Council orders and by-laws

The Owners - Strata Plan No 47561 v Nowland [2014] NSWSC 483 Background The owners corporation sought orders compelling a lot owner to remove unauthorised structures from rooftop area of common property. By an amended summons the owners corporation sought access to...

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Thoo v Owners -Strata Plan No 50276 [2014] HCASL 79

Thoo v Owners - Strata Plan No 50276 [2014] HCASL 79 The High Court of Australia has refused the owners corporation's application for special leave to appeal the NSW Court of Appeal's decision of The Owners Strata Plan 50276 v Thoo [2013] NSWCA 270 which held, amongst...

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Which strata by-laws apply to a strata scheme?

                                                                       Summary Table  Date Applicable By-laws Strata plans registered prior to 1 October 1974 By-laws 1 to 29 of the Strata Titles Act 1973 ("STA") applicable to strata plans registered prior to 1 October...

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Do I Need a Strata By-Law to Renovate My Unit?

Frequently Asked Questions I want to renovate my unit and the owners corporation's strata managing agent or executive committee has directed me to obtain a by-law. Do I need a strata by-law? The starting point is to understand the effect of By-law 5 of the model...

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When the recovery of s80 expenses goes south

Local Court of New South Wales slams owners corporation trying to recover s80 expenses when levies had been paid: The Owners - Strata Plan No 52098 v Khalil [2014] NSWLC 2 The Court held: "53 Firstly, expenses are only recoverable "to the extent that such costs and...

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The offices of Pobi Lawyers will be closed from 1pm, Thursday 19 December 2024 and will re-open again on Wednesday, 15 January 2025 at 9am. Wishing you the compliments of the season and we look forward to assisting you in 2025.