NSW has experienced unprecedented wet weather this year which has made it difficult to find contractors who are able to repair common property defects in strata blocks.  However, the duty to repair common property is a strict one and there are limited exceptions to that rule. So does the recent inclement weather provide an owners […]

Over the past few months NSW has experienced widespread and heavy rainfall. This has resulted in increased and prevalent claims against owners corporations, however the recent weather events and delays in construction is no defence to a breach of s106 of the Strata Schemes Management Act 2015 (NSW) (SSMA) or a nuisance claim.  Read the entire […]

A common source of frustration for owners corporations trying to ensure good building management is the long-term building management agreement negotiated by the developer and inherited by the owners corporation. Frequently, this involved sale of building management rights, with little if any regard to the owners corporation’s needs and best interests   Read the entire article……………………………….

As a result of recent heavy rainfall, many lot owners have suffered significant water ingress/penetration issues and consequential water damage within their lots. These include, but are not limited to:  Read the entire article……………………………….

Since the commencement of the Strata Schemes Management Amendment Act 2002 (NSW) (SSMA) in 2003, the NSW Civil and Administrative Tribunal (Tribunal) has had the power to terminate a building management agreement (formerly known as a caretaker agreement) in circumstances where:    Read the entire article……………………………….

Australia recently had its wettest November in 122 years. March and April 2022 have seen unprecedented rainfall in New South Wales. Extensive rainfall events test the patience of every strata manager because they result in numerous complaints about water leaks into strata lots.Faced with apparently endless demands, owners corporations need to be very clear about […]

Although, for many people, the idea of apartment living is an attractive alternative to a suburban home, there has been a large deterrent preventing more people from exploring this option – strata fees.  The reality is that buying a home, whether an apartment, house or unit, is expensive. With Western Australia’s population and migration set […]

On 30 June 2022 a new information regime comes into effect for strata schemes. That regime is as a result of the Strata Schemes Management Amendment (Information) Regulation 2021.  What effect does this mean for strata managers and self-managed strata schemes?   Read the entire article……………………………….

The very nature of strata ownership and its close proximity of living environment increases the likelihood of disputes occurring and it is common to see that many owners corporations take a proactive approach to create rules and procedures to ensure that things run smoothly within the scheme. While the Strata Schemes Management Act 2015 (SSMA […]

While this may not be a very interesting topic for some, for others I’ll have just hit on a sore point. Why? Gardens can be very personal, for instance I love my slightly untidy but very liveable low maintenance native garden but for some all they would see is wasted space.   Read the entire article……………………………….

Maybe the Irwins were onto something when they got involved with Crocodiles….  They don’t move around much or leave their home (at Australia Zoo), sleep a fair bit, just lay in a pool, don’t bark, don’t wander around depositing nasty surprises everywhere, don’t attack people on common property, don’t shed hair that may give allergies […]

Taylor Construction Group Pty Ltd v Strata Plan 92888 t/as The Owners Strata Plan 92888 [2021] NSWSC 1315  In an Australian first, the NSW Supreme Court has looked at compliance of a combustible cladding product, other than aluminium composite cladding (ACP). Developers and builders must understand the risks of using combustible cladding, even if it is […]

On 1 December 2021 the new community title legislation came into effect. Of interest are the restrictions on the by-laws for an association and in particular, section 130(1) of the Community Lands Management Act 2021 (the “Act”) states:   Read the entire article……………………………….

In a semi bizarre twist, a few positive developments in New South Wales strata have converged with unexpected and surprisingly ironic results for a group of strata owners. So, is this the ultimate strata slap down …      Read the entire article……………………………….

If you’re a REALTOR® who has clients involved in strata property transactions, you may get asked questions about owners renting out their units and the implications on the Speculation and Vacancy Tax (SVT). Until now, strata owners who were not permitted to rent out units may have qualified for an SVT exemption. That changes in […]

The NSW Government is considering introducing a requirement for owners corporations to report and verify information each year on the NSW Government’s Strata Hub. Strata managing agents, lot owners, residents and members of the public will then be able to go to the Hub to access the information.   Read the entire article……………………………….

I received an interesting query this week, and it is not the first time that I have been asked a similar question. The question was how does the Owners Corporation stop a person selling drugs out of a lot? Variations on this question which I have received over the years are: how do I stop […]

The NSW Court of Appeal decides Trentelmans Case by holding the hotel/motel operator to promises made at a strata meeting and giving the strata owners and corporation permanent rights to the pool despite them voting to give them away as part of a redevelopment proposal. Seems a fair enough decision, but there are also a […]

For more than 25 years I’ve pursued strata developers and builders over strata building defects, but whilst they affected building compliance and strata owners’ and residents’ amenity, they could still live in their apartments. That seems to have changed and I wonder what’s going on …   Read the entire article……………………………….

A breach of by-laws notice may be issued by the Council of the Strata Company to an owner. This is typically sent by the strata management company when an owner, occupier or visitor is engaging in behavior that contravenes the registered by-laws of the complex.  Read the entire article……………………………….

Do strata committees and strata owners squabble instead of dealing with important issues or is that just an easy trope? Let’s consider a recent US story arising after the Surfside Condo collapse and why it might be true there, here, and elsewhere.   Read the entire article……………………………….

A “fixture” refers to objects that are attached to the land in such a manner that they become part of the land. Once an object becomes a part of the property, it belongs to the property owner. But how does the concept of fixture and ownership play out in context of strata scheme buildings? As […]

The 10-Year Maintenance Plan assists the Council of the strata company in planning for future maintenance expenses across a diverse group of strata management companies so that large, unexpected special levies may not have to be raised in the future. The report itself has to cover almost everything that most strata management companies will require […]

It’s very common for some strata owners to believe their lot entitlements or liabilities are incorrect and want them changed. But, the processes are complex, lengthy, expensive and legally intricate as this overview of the VIC rules and cases demonstrate.   Read the entire article……………………………….

It looks like this time, I’m the one that did it again ….In my article ‘The [Not So] Social Strata Website’ I made a rookie mistake and forgot my own exhortations that decisions in lower Courts are notoriously unreliable by quoting the NSW District Court decision in Raynor v Murray [2019] NSWDC 189 as good […]

This article is about the pitfalls of the new strata laws dealing with pets in NSW strata buildings.  On 25 August 2021, new strata laws commenced which changed the rules regarding pet ownership in strata buildings. Those rules mark a shift in the NSW Government’s policy concerning pets in strata buildings and encourage pets in […]

A number of body corporate lawyers have recently published articles claiming that bodies corporate could use by-laws to ban holiday lettings, despite the Body Corporate and Community Management Act (BCCMA) prohibiting such by-laws.  The basis for the claim was a recent District Court decision which concerned a complex governed by the Building Units and Group […]

Sadly, after a relatively quiet period and apparent calm over combustible cladding we’ve seen another major apartment building facade fire in Milan, Italy. Luckily there were no fatalities, but there’s plenty of building damage and new uncertainty over materials and fire safety management techniques for affected high-rise buildings.   Read the entire article……………………………….

The laws and other controls on pets in strata buildings are getting a lot of attention lately. But, in reality, it’s the pet owners and animal basics that matter more. So, let’s focus on more fundamental issues from their perspective based on expert advice …   Read the entire article……………………………….

There has been a widespread practice of extending caretaking or building management agreements to get around the 10 year cap in the Strata Schemes Management Act 2015 (SSMA 2015). In the recent appeal decision of Australia City Properties Management Pty Ltd v The Owners – Strata Plan No 65111 [2021] NSWCA162, Chief Justice Bathurst affirmed […]

During the current lockdown pets are more important than ever, and from 25 August the NSW Government’s new laws will to put an end to blanket bans on animals in strata.  The changes follow a detailed review of the Strata Schemes Management Act 2015 (the Act) and extensive public consultation, focusing on the keeping of […]