Home > Australia Strata Articles Archive
0 views 4 sec 0 Comment

Australia Strata Articles Archive

/ Owner - July 3, 2012
  • Australia: Don’t get caught out! Changes to strata title legislation
    The NSW Government reviewed the Strata Schemes Development Act 2015 (‘SSDA’) and the Strata Schemes Management Act 2015 (‘SSMA’) with some 139 reforms recommended. As stated by the Hon. Mark Buttigieg in the second reading speech, the aim of the Strata Legislation Amendment Act 2023 is ‘to improve the governance, accountability and effectiveness of strata and community land schemes’. Read the article…………………………….
  • Australia: Repairs v Improvements to the Common Property: When is a repair a repair?
    This is a tricky question and it will always depend on the facts of your owners corporation’s situation. In Marks v Owners SP 30190 NSWCATAP 21 the Appeal Panel made a number of findings about the requirement of an owners corporation to repair, maintain, renew and replace the common property when resolving a dispute about resolutions for works and a special levy to pay for the work.    Read the article……………………………..
  • Australia: Mascot Towers: A termination order is not in order
    On 24 November 2023, Her Honour Justice Peden gave judgment in The Owners – Strata Plan No 80877 v Lannock Capital 2 Pty Ltd NSWSC 1401 (‘Lannock Capital 2’) in the ongoing saga that is better known as ‘Mascot Towers’.   Read the article………………………….
  • Australia: Resolving Ripples: The Art of Diplomacy in Strata Disputes
    In the tapestry of communal living, disagreements are like ripples on the surface of a tranquil pond. Strata living, with its shared spaces and interconnected lifestyles, often witnesses the emergence of disputes, creating waves that can either disrupt harmony or be skillfully navigated to maintain equilibrium. Welcome to the realm of “Resolving Ripples,” where the art of diplomacy takes center stage in resolving strata disputes.    Read the article……………………………….
  • Australia: Is Mascot Towers a Wake Up Call for Strata Owners?
    In today’s guest-writer article by well-known strata commentator and consultant, Michael Teys, he discusses the latest setback for the ill-fated Mascot Towers building after a NSW Supreme Court decision, explains his alternate view of their situation, and reminds us of his strata ownership mantras. It’s a bit of tough strata love.   Read the article…………………………
  • Australia: Why do Good Owners make Bad Strata Decisions?
    Even though strata buildings are full of good, smart and well-intentioned people, they don’t always make great decisions. And sometimes strata buildings delay important decisions or, worse still, actually make really bad decisions. Why is that and what dynamics create those kinds of counterinitiative outcomes? The many potential reasons for the phenomenon should be studied by experts.   Read the article…………………………………
  • Australia: Your Strata Scheme is Being Sued for $850 Million
    Generally we use these bulletins for educational purposes, but it’s getting toward that time of the year when everything goes a little crazy in the world of strata title, and so today the emphasis is on providing you with sheer relief that your strata scheme is not tied up with the sort of case in which a decision was recently made by the Supreme Court of New South Wales, where a lot owner commenced proceedings against the owners corporation claiming damages of $850 million!  Read the article……………………………..
  • Australia: Our most frequently asked strata management questions
    This month we asked our Strata Managers what their most frequently asked questions of the year were – and the answers were surprising! Over the last 5 years, ESM Strata has prioritised educating our stakeholders and customers to ensure they are empowered with as much knowledge about their strata property as possible.    Read the article………………………………..
  • Australia: NSW Strata Reforms – The New Laws Explained!
    Since last week’s article where we spoke about ‘phase 1’ of the strata law reforms, the proposed amendments to the Strata Schemes Management Act 2015 (NSW) have been released.    Read the article…………………………………..
  • Australia: Residential Focus: The Building Legislation Amendment Bill 2023 has been introduced to parliament (NSW)
    On 12 October 2023, the NSW Government introduced the Building Legislation Amendment Bill 2023 (the Amendment Bill) to the NSW Parliament. It passed the NSW Legislative Council on 19 October 2023, read the Second Reading Speech here and is currently with the Legislative Assembly, awaiting concurrence.   Read the article……………………………..
  • Australia: NSW Strata Reforms Finally Moving Forward!
    The NSW Government is moving ahead with phase one of the reforms to strata laws providing benefit to those living in strata    Read the article………………………………..
  • Australia: Court Clears Up Cladding Construction Confusion
    ……..they explain the results and impacts on strata title stakeholders of a recent NSW Court of Appeal decision on our old favourites: strata building defects, combustible cladding, and Toplace. It’s a timely reminder that hard legal cases sometimes need to be pursued properly and completely to get the right results, as this strata building successfully demonstrates.    Read the article……………………………..
  • The Tragedies of the [Strata] Commons
    The overuse and misuse of pithy catchphrases is commonplace and annoying. So, when strata stakeholders glibly refer to the tragedy of the commons in thier buildings what are they saying and what do they really mean? It’s probably not what you think, and it may in fact be the exact opposite.   Read the article…………………………………..
  • Australia: Does the Joy of Keeping a Pet in Strata come at a Cost?
    Keeping a pet in some strata schemes can be costly when schemes charge an additional fee or bond for the joy of having a pet! The good news is that the NSW Government as part of the reform has labelled these fees and bonds as being costly, unreasonable, and unnecessary as lot owners already pay levies. Read the article…………………………….
  • Australia: Evolving limitations on the power to make by-laws in strata and community title schemes
    The Supreme Court handed down its decision in Walker Corporation Pty Ltd v The Owners – Strata Plan No. 61618 NSWSC 1246 (‘Walker 2022’) on 16 September 2022. On 5 June 2023, the Court of Appeal upheld the original decision and found that a clause in a strata management statement which required constituent owners corporations to appoint a particular strata managing agent was invalid     Read the article………………………………..
  • Australia: By-laws and Strata Community title schemes Management Statements and the effect of uncertainty, inconsistency and power
    This has been a question in a number of strata scheme cases following the introduction of section 136(1) of the Strata Schemes Management Act 2015 (which is mirrored in the Community Lands Management Act 2020). SSMA as to whether a by-law is harsh, unconscionable and therefore invalid.   Read the article………………………………..
  • Australia: Strata committees can cause grief for apartment owners. Here’s where conflict starts, and how to avoid it
    There are almost 3 million apartments or townhouses around the country that have one thing in common: they’re covered by a strata scheme.  It means the people who own those properties pay regular strata fees to cover any costs related to shared space.   Read the article…………………………………..
  • Australia: BBQs, Pools, Gyms, Summer! Get your By-laws Right!
    Hot summer weather and the festive season is upon us and what a better time for lot owners and tenants to get fit, have a dip and pull out the barbie on a balmy summers day.   Read the article………………………………….
  • Australia: Is there a way to reverse a resolution or election at a meeting of the owners corporation?
    In brief: An owner or mortgagee may be able to apply to the Tribunal to have a resolution or election of the owners corporation invalidated or nullified. Whether the Tribunal makes the order will depend on the individual circumstances but in its decisions the Tribunal has offered some guidance as to how it will apply the legislation.   Read the article………………………..
  • Australia: Is there a way to reverse a resolution or election at a meeting of the owners corporation?
    In brief: An owner or mortgagee may be able to apply to the Tribunal to have a resolution or election of the owners corporation invalidated or nullified. Whether the Tribunal makes the order will depend on the individual circumstances but in its decisions the Tribunal has offered some guidance as to how it will apply the legislation.    Read the article………………………..
  • Australia: Strata reforms in Queensland: Introducing the Body Corporate and Community Management and Other Legislation Amendment Bill
    Originally announced earlier this year by the Queensland Government as a key measure arising from the 2022 Housing Summit, on 24 August 2023 the Queensland Government introduced the Body Corporate and Community Management and Other Legislation Amendment Bill 2023 (the Bill) into the Queensland Parliament.   Read the article………………………..
  • Australia: Decoding Strata Insurance: What Does It Cover?
    With the tightening market, insurers are choosing what risks they take on, if any. Whilst it is required that Strata Schemes must have insurance in accordance with the legislation, it is not compulsory for insurers to provide a policy. It is becoming common that some buildings are left with reduced terms or no insurance.  Read the article………………………..
  • Australia: Building Managers: How to transfer or terminate agreements
    Hi, this is Allison Benson from Thoughts from a Strata Lawyer and Kerin Benson Lawyers. Today I am following up on my previous post about building managers and I’m going to be talking about how to transfer a building management agreement and how to terminate one under the Strata Schemes Management Act 2015.   Read the article………………………..
  • Australia: Get Proactive With Strata Maintenance
    It may be time to review your strata maintenance.  Maintenance is so important for buildings, for resale and rentability. It’s also vital to ensure resident and visitor safety and security and help avoid legal issues or future, more costly repairs.   Read the article………………………..
  • Australia: Dealing with Adjoining Owners
    Strata disputes and common property come in all shapes and sizes, especially when dealing with neighbouring property owners.  As owners of real property, owners corporations find themselves dealing with the owners of neighbouring land in a multitude of circumstances.    Read the article………………………..
  • Australia: Strata Management Statements and the Strata Schemes Management Act 2015: Inconsistencies in Owners Corporations’ rights (NSW)
    The case of Walker Corporation Pty Ltd v The Owners – Strata Plan No 61618 NSWCA 125 highlights the importance of ensuring Strata Management Statements (SMS) are in accordance with the Strata Schemes Management Act 2015 (NSW) (SSMA) and the Strata Schemes Development Act 2015 (NSW) (SSDA). A clause in a SMS that acts to extinguish the rights of the owners corporation to appoint a strata managing agent or to terminate that agent’s services will likely be considered inconsistent with the SSMA and the SSDA and therefore invalid.   Read the article………………………..
  • Australia: One contract, one cause of action for defective building work
    The Owners Corporation (owners) of a residential strata development in Haymarket commenced proceedings against Parkview Constructions Pty Ltd (builder) and The Quay Haymarket Pty Ltd (developer) for breach of the warranties in section 18B of the HB Act due to 85 alleged major and other defects.   Read the article………………………..
  • Australia: 10 Common Maintenance Challenges in Strata Properties
    Living in a strata property in Western Australia offers a range of benefits, including shared amenities, reduced maintenance responsibilities, and a sense of community. However, like any type of housing arrangement, strata properties come with their own set of maintenance challenges that require careful attention and proactive management.   Read the article………………………..
  • Australia: The Crucial Role of an Effective Strata Council
    In the sprawling landscape of Western Australia, strata communities have emerged as a prominent housing choice, offering a blend of shared amenities, reduced maintenance burdens, and a sense of communal living. However, at the heart of every flourishing Strata Company lies a well-organised and efficient Strata Council.   Read the article………………………..
  • Australia: Demystifying Unit Entitlement (WA)
    If you’re a proud strata owner in Western Australia, understanding “Unit Entitlement” (UE) is vital. This term plays a pivotal role in defining your rights, responsibilities, and financial commitments within WA’s unique strata landscape. In this article, we’ll delve into the intricacies of Unit Entitlement as outlined by the current Strata Titles Act in Western Australia.  Read the article………………………..
  • Australia: Don’t You Dare Sue Me – Overstepping the Mark
    Is it legitimate for a lot owner to pressure an owners corporation not to sue her or defend legal action she takes against the owners corporation? And what happens when the lot owner oversteps the mark? Can the owner be held in contempt of court? A recent NCAT case considered that very issue.   Read the article………………………..
  • Australia: There is nothing common about this strata property
    Strata title doesn’t exist without a building: it’s fundamental.  There must be a strata building to create a strata corporation, define the common property, and, give life to boundaries for the strata lots. Strata owners’ property is defined by the walls, floors, and ceilings of the strata building. Asset values depend on the preservation of the strata building. And, most strata insurance applies on a whole strata building basis too.   Read the article………………………..
  • Australia: Building managers: how to appoint them and time limitations
    Today I am following up on my previous post about building managers and I’m going to be talking about how to transfer a building management agreement and how to terminate one under the Strata Schemes Management Act 2015.   Read the article………………………..
  • Australia: Telco’s Still Flexing their Powers – Be Warned Strata!
    Earlier this year we wrote about an increasing rise of telecommunications providers who are licensed under the relevant Commonwealth telecommunications legislation, using their powers to gain compulsory access (at no cost to them!) to owners corporation’s buildings.   Read the article………………………..
  • Australia: Is your Building Missing a few Strata Dollars? (NSW)
    You’d think that strata buildings would notice if money is missing, given how frugal they are. But, in NSW there’s more than half a million dollars of uncollected strata money just sitting around in government coffers. Read on to find out how and why that’s happened, and, what strata buildings can do about it.   Read the article………………………..
  • Australia: Preventing Winter Fire Hazards
    Winter is well and truly upon us and statistics show that almost half of unit fires are started in the kitchen and 58% of all fire fatalities occur in winter. With winter well and truly here, let’s take the time to brush up of safety measures and be prepared if you haven’t already to reduce the risk of fires occurring which can lead to loss of property, major burns and even worse, the loss of a life.   Read the article………………………..
  • Australia: 20 years later, Grellman’s Ghost leaves Strata Owners in a Top Place Nightmare (NSW)
    Recent news about the collapse of a major NSW developer and builder of strata apartment complexes leaves tens of thousands of strata owners in a building defects nightmare. One of the major causes for their problems is a ghost from 20 years ago that’s still haunting strata stakeholders. And, here’s the sad and sorry tale …    Read the article………………………..
  • Australia: Who’s minding the gap in your big strata budget?
    As rising living costs and mortgage interest rates bite at our heels, it seems levy (or fee) payments are often among the first financial commitments to suffer when household budgets are recalculated  Read the article………………………..
  • Australia: NCAT, Common Property and Water Leaks
    There are more than 85,000 strata schemes in NSW with approximately one in seven NSW residents living in strata apartments and it’s estimated by 2040 this will grow by 50 percent in Greater Sydney!  So, it’s no suprise that the number of people living in strata applying to NCAT for orders to resolve strata disputes has significantly increased by 45% over the last 5 years.   Read the article………………………..
  • Australia: Does Government have a Strata Plan?
    Australian strata title buildings, owners, and stakeholders are regulated by extensive & complex strata laws that are created, tweaked, and managed by state governments. But, do those governments have any clear policy objectives, strategies, or medium to long-term plans for strata title, or, are they just reacting to more and more strata buildings crises? And, if so, what should we do about that?  Read the article………………………..
  • Australia: Who’s minding the gap in your big strata budget?
    Annual strata budgets can run into the millions, yet there are no requirements for office bearers to possess financial or legal skills.   Read the article………………………..
  • Australia: Improving Strata 03: Does Government have a Strata Plan?
    Australian strata title buildings, owners, and stakeholders are regulated by extensive & complex strata laws that are created, tweaked, and managed by state governments. But, do those governments have any clear policy objectives, strategies, or medium to long-term plans for strata title, or, are they just reacting to more and more strata buildings crises? And, if so, what should we do about that?   Read the article………………………..
  • Australia: ‘More blocks in danger’ of Mascot Towers-style evacuations
    There could be as many as five apartment blocks in NSW teetering on the brink of forced evacuation – as befell both Mascot Towers and Opal Towers four years ago – because their owners corporations (or body corporates) are too scared to come forward and ask for help with building defects.   Read the article………………………..
  • Australia: Owners Corporation – NCAT Enforces By-laws
    Does an owners corporation have to enforce its by-laws? If an owners corporation decides to ignore breaches of its by-laws, can NCAT force the owners corporation to take action and enforce its by-laws? A recent NCAT case provides the answer to these questions.   Read the article………………………..
  • Australia: Noisy Strata Neighbours – The Top Noise Complaints
    Strata apartments come with many perks for owners and tenants but of course, there’s also a downside with one of the biggest complaints being noise. As more and more people enjoy apartment living noise complaints have increased in recent times by 33%* and they continue to rise.   Read the article………………………..
  • Australia: Councils call for Strict Caps on Short Term Letting
    Short-term rental accommodation (STRA) in strata properties will continue to be a highly contentious topic in 2023 with even more scrutiny and increasing backlash to the industry because of the current housing crisis.   Read the article………………………..
  • Australia: Stretching time under the Strata Schemes Management Act, but not the Home Building Act
    In a recent decision (Hua Nan Trading Pty Ltd v The Owners – Strata Plan No 32396 NSWCATAP 66) concerning the period of time within which parties may commence proceedings under section 106 of the Strata Schemes Management Act 2015 (NSW) (SSMA), the Appeal Panel held that the NSW Civil and Administrative Tribunal (NCAT) has power to extend that time period, arising under section 41 of the Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act).    Read the article………………………..
  • Australia: By-Law Review: How strong will your by-laws stand in front of the current legislative framework?
    Following our previous article on this topic, our suggestion remains that a scheme should regularly be reviewing their by-laws and considering if their by-laws are still appropriate and valid in accordance with the current legislative framework. Despite the question of enforceability, it is pertinent to have the review completed regularly to ensure that they meet the needs of the scheme, which could change from time to time.   Read the article………………………..
  • Australia: The Subcontractors Conundrum: How the D&BPA Empowers Owners Corporations to Pursue Justice
    The Design and Building Practitioners Act 2020 (the D&BPA) is a relatively new piece of legislation in New South Wales, that has significant positive implications for owners corporations and their ability to claim against subcontractors for defective building work. Previously, a claim against a subcontractor for breach of statutory warranties arose if the builder and developer were the same entity, which was rare. However, with the introduction of the D&BPA an owners corporation now has an avenue of recourse against subcontractors.  Read the article………………………..
  • Australia: Stretching time under the Strata Schemes Management Act, but not the Home Building Act
    In a recent decision (Hua Nan Trading Pty Ltd v The Owners – Strata Plan No 32396 NSWCATAP 66) concerning the period of time within which parties may commence proceedings under section 106 of the Strata Schemes Management Act 2015 (NSW) (SSMA), the Appeal Panel held that the NSW Civil and Administrative Tribunal (NCAT) has power to extend that time period, arising under section 41 of the Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act).   Read the article………………………..
Comments are closed.