The appeals panel of the NSW Civil and Administrative Tribunal (NCAT) has considered the interpretation of a by-law in the recent decision of The Owners – Strata Plan No 91157 v Yoolee Holdings Pty Limited; Yoolee Holdings Pty Limited v The Owners – Strata Plan No 91157 [2020] NSWCATAP 6 (Yoolee Decision)    Read the article…………………………….

The unwieldy and often complex nature of the Queensland strata legislation provides plenty of stories, which can lead to the creation of a myth!  Following on from co-presenting with Commissioner Irons at the Southport Sharks last week, I thought it might be interesting to discuss one of the most prevailing myths – there must always […]

If a matter is urgent and time sensitive, an applicant can seek urgent interim orders in the NSW Civil and Administrative Tribunal (the Tribunal). Key to any interim application is establishing urgency.   Read the article……………………..

A successful development requires years of meaningful planning with architects and city planners.  Bringing this vision to life is an exciting and challenging role for developers when designing and creating housing to meet demands of this generation.  It is important for a developer to work with their strata manager in the early stages of a […]

The commencement of the Strata Schemes Management Act 2015 (“SSMA”) on 30 November 2016 changed the rules concerning pet ownership in strata buildings. Recent cases have clarified how this is impacting in key areas. Those key areas seem to be:    Read the article………………..

The Victorian Civil and Administrative Tribunal (“Tribunal”) handed down an award on 28 February 2019, which ultimately holds the Builder liable for breach of statutory warranties with the Building Certifier, Architect and Fire Design Engineer liable to indemnify the Builder for 97% of the $5.7 million losses assessed to date, which included $100,000 for strata […]

The Australian Human Rights Commission is the body to whom a complaint is lodged if you feel that you may have been discriminated against.  Owners and occupiers can have very different ideas about what arrangements are appropriate for assisting those with special needs to access and use their lots and common property facilities, participate in […]

The Strata Titles Amendment Act 2018 and the Community Titles Act 2018 passed through the Western Australian Parliament on 1 and 6 November 2018 respectively.  These Acts represent over 10 years of industry and community consultation by government, for significant reforms to strata and survey-strata titles and to introduce the new form of community title.  […]

He bought into a small block of strata-titled townhouses in Sydney several years ago.  The first sign of trouble was a request for money to cover work that had been completed on the building before he lived there.  “The difficulty is the personality,” Grant said.    Read the article………………….

With new legislation coming into effect from 1 October 2018, we hosted community education seminars across the state, educating stakeholders on the obligations and timelines to achieve compliance with the 3 stage regulations.    Read the article………………………

If William Shakespeare was a Queensland strata title property owner (particularly in North Queensland), he might at this very stage be writing: To insure, or not to insure, that is the question: Whether ’tis nobler in the mind to suffer The slings and arrows of outrageous cyclones, non-conforming cladding, terrorism risks and the like, Or […]

We regularly get asked the question; “why do we need to have a written fire and evacuation plan?” In this article we cover who needs one and what the plan needs to include to be compliant with the QLD Fire and Emergency Service (QFES) requirements.  The following information is extracted from the QFES website – […]

The Strata Schemes Management Amendment (Building Defects Scheme) Bill 2018 (the Bill) was introduced into Parliament on 15 August 2018. The Bill would amend the strata building defect bond and inspection scheme (the Scheme), which commenced on 1 January 2018.    Read the article………………

Do you ever feel like it’s impossible to predict how the law will apply to your community titles scheme, or how your by-laws will be interpreted if they are ever disputed?  Working out how the law applies to your scheme and circumstances can be challenging.  In previous articles, I’ve briefly touched on the benefits of […]

The Office provides two functions: information and dispute resolution services under the Body Corporate and Community Management Act 1997 (“the Act”).  The dispute resolution service resolves matters in dispute either through department conciliation or a formal adjudication process.  The Office is not a complaints forum, nor an investigations body. We do not provide advocacy services, […]

Strata properties are a legal development whereby title of an individual portion of a property can be assigned to a person or corporate entity, as part of a greater parcel of area. Examples of strata properties include townhouse communities and apartment buildings.  A body corporate manages strata properties, whereby individual members of the corporation (title […]

High-rise apartment fires and the risks posed by the use of combustible external cladding are in sharp focus in Australia following a significant fire that occurred at the Lacrosse Docklands apartments in Melbourne on 24 November 2014. This update summarises the risks for property, public liability, and professional indemnity insurers who operate in the Australian […]

From early in the 1990’s, aluminium composite panel (ACP) has become a standard material for medium and high-rise buildings across Australia. It revolutionised the building sector by providing a low-cost, aesthetically pleasing skin or layer that was easy to attach to a building’s framework.  Benefits of this cladding included its ability to stop wind and […]

NSW residential developers are no longer required to implement the defects bond scheme from 1 July 2017.  The NSW Parliament today passed the Electronic Transactions Legislation Amendment (Government Transactions) Bill 2017, which delays until 1 January 2018 the commencement of the NSW Strata Defects Regime set up under Part 11 of the Strata Schemes Management […]

A perfect storm of shoddy building practices, the fear and ignorance of apartment residents and a history of pro-developer politics means a high-rise building blaze like the Grenfell Tower tragedy in London is almost inevitable here in Australia.  With new apartment buildings defects often including missing or faulty fire dampers, there are very real concerns […]

The National Broadband Network (NBN) rollout has placed under the spotlight the powers of telecommunications carriers (telcos) to enter private property, including strata-titled properties. Telcos can already access strata-titled land to install telecommunications equipment that bolsters existing infrastructure, increase signal strengths and of course, install the cabling necessary for the NBN. This article looks at […]

As a result of the changes to strata law in New South Wales contained in the Strata Schemes Management Act 2015 (NSW), where an Owners Corporation fails to comply with its duty to repair and maintain the common property, it may now be liable to pay damages for loss caused by its breach.  This eBulletin […]

Now more than even, strata living is a part of our lives. Strata describes a unique system of property ownership that can cause a great deal of confusion because of its numerous rules and levels of authority. This FAQ, the first in LegalVision’s Strata Series, tackles some commonly asked questions and key definitions to help […]

Developers and builders of residential and mixed use high rise strata buildings are being urged to familiarise themselves with the introduction of the Building Defect Bond Scheme introduced under the new Strata Schemes Management Act 2015 (NSW) (the Act). The Building Defect Bond Scheme will commence on 1 July 2017, and will require developers to […]

There are more than 90 changes to the strata laws that come into force in NSW on November 30. Here are the 21 that will affect you in ways you might actually notice.    Read the article…………….

When renovating a strata property, you need to ask the owners corporation for permission because it owns the building. It is different when renovating a house because you are renovating your own building.  Up until now, almost all strata renovations have required the owners corporation to give approval by way of a special resolution (a […]

It’s four years since the government’s plan to revise strata laws were announced, and three years and one month will have passed since the details were exclusively revealed in this newspaper.  Since then there have been thousands of discussions, emails, letters, false starts and tweaks, not to mention four government ministers in charge.   Read the […]

The building bond scheme applies to strata developments over 3 storeys and requires the developer to provide the Office of Finance with a bond equal to 2% of the price for the building work. The bond must be provided prior to the issue of the occupation certificate for the strata scheme. The purpose of the […]

The NSW strata reforms are almost complete with draft regulations being released for comment. This has re-ignited interest in strata and we have received a number of calls and emails from strata occupants excited about the smoke free by-laws that will take effect  Part 1…………     Part 2…………

Defective building work in new multi-level apartments remains a thorn in the side for the NSW Government. As multi-level apartments are exempted from the insurance under the Home Building Compensation Fund, purchasers of apartments can be left without a remedy for defective building work in the event of builder insolvency   Read the article…………..

Anyone who has dealt with strata regulations knows that, at times they can be a little unreasonable and annoying. As frustrating as many of them can be, they do aim to take into consideration the wellbeing and safety of all residents. Here are some of the most common regulations that people find annoying!  Band together […]