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Consent to By-Laws – Case Update
Jennifer Elizabeth James v The Owners Strata Plan No. SP 11478 (No 4) [2012] NSWSC 590 (4 June 2012) The strata scheme was subject to the appointment of a compulsory strata managing agent under section 162 of the Strata Schemes Management Act 1996 ("SSMA"). One of the...
read moreExclusive Use and Special Privilege By-Laws
Introduction to Exclusive Use and Special Privilege By-Laws Exclusive use or special privilege by-laws are contractual and not proprietary rights (see Northwind Pty Limited v The Proprietors Strata Plan No. 3143 (1981) 2 NSWLR 809). As these rights are not...
read moreMaintenance and repair of common property
The Owners Corporation's Duty to Maintain and Repair Common Property Section 62(1) of the Strata Schemes Management Act 1996 ("SSMA") states that an owners corporation must properly maintain and keep in a state of good and serviceable repair the common property and...
read moreIntroducing NCAT
Introducing NCAT The NSW Civil and Administrative Tribunal ("NCAT") will commence operations from 1 January 2014 where 23 of the state’s Tribunals will have merged into NCAT. The Civil and Administrative Tribunal Act 2013 received Royal Assent on 4 March 2013. It...
read moreThoo’s case – The Owners Strata Plan 50276 v Thoo [2013] NSWCA 270
The Owners Strata Plan 50276 v Thoo [2013] NSWCA 270 In The Owners Strata Plan 50276 v Thoo [2013] NSWCA 270, the NSW Court of Appeal has "closed the loop hole" on damages claims by lot owners for loss of rent or value as a result of the owners corporation's breach of...
read moreMichael Pobi becomes a member of ACCAL
Congratulations to our principal Michael Pobi who became a member of the Australian College of Community Association Lawyers (ACCAL) on 12 November 2013....
read moreRetaining Wall Disputes
This article gives a brief overview of the laws regulating retaining wall disputes in New South Wales. Dividing Fences Act 1991 NSW Since 2008, under amendments to the Dividing Fences Act 1991 (NSW), an adjoining owner can seek a contribution for the carrying out of...
read moreInterim Orders
Interim Orders An interim order is an urgent order made by an Adjudicator of the Consumer, Trader and Tenancy Tribunal of New South Wales which is made in an attempt to restrain action by another party pending the determination of the substantive (or final)...
read moreCompulsory Appointment of a Strata Manager
Compulsory Appointment of a Strata Managing Agent and Section 162 of the Strata Schemes Management Act 1996 This year has seen an influx of compulsory strata managing agent applications before the Consumer, Trader and Tenancy Tribunal of NSW. Despite the increase,...
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