Climate change is driving insurance premiums higher – in strata properties premiums are set to rise nationally by 15-20 per cent from the start of FY24, according to Honan Insurance Group, driven by “claims costs inflation, rising building valuations, and insurers raising rates after periods of losses”. 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 [2023] 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 […]
Australia: Strata association produces insurance disclosure guide
Strata Community Association (SCA) has produced a best practice guide that aims to improve disclosure in areas such as commissions, conflicts of interest and the allocation of remuneration. The release of the guide comes after recommendations made by consultant John Trowbridge in the first phase of an independent review of strata insurance practices and draws […]
Australia: Serious defects found in more than 50% of NSW strata buildings
More than half of NSW strata buildings have serious defects, with an estimated $79 million being spent by owners’ corporations to rectify the issues, a survey has found. The joint initiative between Strata Community Association (SCA) NSW and the Office of the Building Commissioner found 53% of buildings had serious defects between 2016-2022, up from […]
South Africa: Community Harmony: Your Guide to Ideal Living Spaces
It doesn’t matter if you’re a potential tenant, first-time home owner, investor owner, new family, empty nester or retired, if you’re looking for a community of like-minded individuals, with a mutual interest in protecting your investment with priorities of security, aesthetics, financial stability and maintaining value, then community scheme living is for you. Read the […]
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 […]
Australia: Dispute resolution in strata communities: strategies for keeping the peace
We all need somewhere to live – housing is a fundamental human right. Rent, own or share housing – all are valid and reasonable ways to live. For those looking to buy on a budget, a strata community such as an apartment block, unit or townhouse development can be a great way to break into […]
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…………………………
Netherlands: The Dutch homeowner’s association (VvE) explained
I’ve come across several cases recently in which buyers have been hit with unexpected bills, but this can be avoided if you are aware of your rights and obligations with regard to the VvE. Your makelaar (real estate agent) and notary are better placed than I am to help you with questions about the VvE […]
Philippines: Structural hazards found in Davao City condo
A unit owner, choosing to remain anonymous, disclosed in a Messenger interview with SunStar Davao that they have already evacuated their unit. They sought repairs for the unit after feeling an intensity 4 earthquake in the city on Friday afternoon, November 17. Read the article…………………………
Australia: Victorian government cracks down on bizarre three-storey rule after 77 apartment owners ruined
The Victorian government is considering a major change to the process of building apartment blocks after multiple homeowners were stung by a blind spot in the law. Read the article…………………………………
Nigeria: Tension grips prestigious 1004 estate in lagos as resident go on the “warpath
Tempers are currently flaring today (November 18th) in the 1004 Estate, as residents have massed up in protest over what they have regarded as years of neglect by the management of the prestigious housing complex. Read the article………………………..
Malaysia: JB condo owners ‘left in limbo since 2019’
The 160 owners say there has been no AGM of the management board since 2019 and the city council had also failed to act on their complaints. 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 […]
Thailand – Condominiums Cannot Be Used For Hotel Operations
On November 6, 2023, Thailand’s Department of Lands issued a circular letter clarifying that the use of units in condominium buildings for hotel business operations is not allowed. Circular Letter No. Mor Tor 0517.3/Wor 23302, which was sent to all provincial governors in Thailand, explains this by emphasizing that although the Condominium Act (No. 4) […]
Philippines: Residents around condominium in Davao City told to leave after quake
A total of 174 individuals residing around the construction site of the high-rise condominium tower The Paragon Davao of Cebu Landmasters were advised to vacate after a crane collapsed in the magnitude-6.8 earthquake that rocked this city and a southern Mindanao on Friday, November 17. Read the article……………………………….
Singapore: Man fined S$1.4 million for running illegal short-term rental business at 19 properties
A man ran a lucrative illegal business renting out short-term stays to locals and tourists at 19 properties, roping in four of his former maids to help run the operations. 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 Government grant program will assist buildings become EV ready
The NSW Government is investing $10 million to assist NSW strata apartments by co-funding the assessment and installation of electric vehicle infrastructure upgrades. Find out more about the Electric Vehicle Ready Buildings (EVRB) grants in this webinar with the program. Read the article……………………………..
India: 3 balconies collapse at unsafe Chintels tower
Incident a stark reminder to events of February last year when 6 floors collapsed partially in a similar domino like fashion, killing two residents Read the article………………………………
Uganda: Seven years of disappointing condominium ownership
The condominium contract states that all problems found on the property must be reported in the first year so that the developer rectifies them at his own cost. Any problems that arise after the Defects Liability Period (DLP), the condo owners must rectify them at their own cost. Read the article…………………………………..
Malaysia: You Can Be Sued For Forwarding A ‘Defamatory’ Text Message
Earlier this month, the Kuala Lumpur High Court held two condominium unit owners in Puchong, Selangor, liable for defaming a housing developer. Justice Nazlan Ghazali found that libellous statements about the developer posted by the duo in a chat group set up among the owners of condominium units in a housing development were sufficient to […]
India: Condo lift death: 4 AOA members among 8 named in chargesheet
Police in Noida have submitted a 45-page chargesheet regarding the death of a 73-year-old woman who died after the lift she was in fell from the eighth floor to the basement. Eight people have been named in the chargesheet, including the directors of the private firm responsible for lift maintenance, the facility manager, and members of the apartment […]
Malta: MDA welcomes reform of condominium act, says it should have stronger presence
The Malta Development Association on Thursday welcomed the reform the government is planning for the Condominium Act, but requested to have a stronger presence in the process. In a statement, the MDA said it welcomed the government’s commitment to amend the current legislation given that a legislative intervention to address the current realities and the […]
Malta: Government releases White Paper for Condominium Act Reform
The government has released a White Paper for public consultation on the reform of the Condominum Act, with proposals to establish a condominiums regulator and tribunal. 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………………………………..
Jamaica: Airbnb lockout – Court bars short-term rental operation from gated residential community
A row over the operation of an Airbnb in a gated community in Hope Pastures, St Andrew, which has been described as a “nuisance” by residents and was being operated in breach of the rules governing properties in that area, has been settled by the Supreme Court. Read the article……………………………….
South Africa: Battle within Paradise: Power Struggle Erupts in Johannesburg’s Elite Estate
In the sprawling green expanse of Johannesburg’s elite Eagle Canyon Golf Estate, a conflict has hatched that echoes far beyond its manicured lawns and gleaming facade. The dispute is not about the rising price of property or a disagreement over the color of a fence. It’s a battle about governance, about power, about the right […]
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 […]
India: At condo, ‘influential’ man vs others in encroachment row
Residents of Civitech Stadia, a condominium in Noida, are upset over encroachments of the common area………………. Read the article…………………………….. ..
Australia: Backroom deals in strata insurance and how they’re costing you
There are a lot of moving parts when it comes to strata insurance, and a lot of the movement is hidden from the people who pay for it. It all comes down to the complex dealings between strata managers and the insurance industry – dealings that often involve undisclosed commissions and payments. Read the article………………………………..
Malaysia: Most condos and apartments in Malaysia still against allowing EV chargers – right-to-charge law soon?
Having access to an electric vehicle (EV) charger at home is certainly convenient, as it’s more cost-efficient as compared to relying on public chargers. If you live in a landed property, it’s pretty easy to get an EV charger installed, but if you reside in a high-rise building like a condominium or apartment, it’s far […]
India: Builder told to expedite refunds to flat owners of unsafe Chintels towers
The district administration on Friday held a review of the ongoing settlement process of Chintels Paradiso condominium in Sector 109 and directed the developer to speed up refunds to flat owners of towers D, E,F, G, and H, which have been deemed unsafe for habitation by an expert committee of IIT-Delhi. Read the article…………………………………
Australia: Fees for pet owners to be banned amid overhaul of strata laws (NSW)
The Minns government will seek to overhaul strata laws to close a loophole that has stymied Sydney apartment redevelopments while also making it easier for people who own pets to live in unit blocks. Read the article……………………………
Malaysian guidelines for EV charging bays installation in existing and new buildings
In a significant move towards promoting electric mobility and reducing carbon emissions, Malaysia has taken a leap forward with the introduction of comprehensive guidelines for electric vehicle charging bays (GPP EVCB). 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 [2022] 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 […]
Netherlands: Sustainability plans for Amsterdam flats faltering over homeowner association fights
Plans to make thousands of Amsterdam apartments and flats more sustainable are faltering because the homeowners’ associations can’t agree on what to do, interest group VvE Bond warned in a new report. Because apartment owners can’t agree on sustainable heating alternatives, for example, many just keep buying new gas boilers, Parool reports. Read the article………………………………
Singapore: Surge in EV chargers installed in condos with support of govt grant
The number of electric vehicle (EV) chargers installed in condominiums with the support of a government grant has more than doubled in the space of five months. Read the article…………………………….
Philippines: Problems continue to hound residential communities
Remember that posh and gated subdivision in Pasig hounded by problems such as the alleged lack of transparency from its homeowners’ association? I wrote about it last June 27 in a column titled “Problems hound posh residential subdivision.” That story seemingly opened a can of worms. It turns out, so say readers, many residential villages, […]
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 […]
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 […]
India: Uncovering the Truth: Exploring the Taxable Nature of Condominium Fees
Unit owners may be separately assessed for condominium fees to account for the expenses for their maintenance and other services benefiting the common areas of their building, pursuant to Republic Act No. 4726, otherwise known as the Condominium Act. 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………………………..
Europe: Mastering the Art of Strata Management Transformation
Strata management, often regarded as the backbone of well-run residential complexes, is a multifaceted discipline with a profound impact on daily life. For residents in condominiums or apartment complexes, the seamless operation and maintenance of these properties are attributed to the art of strata management. Far from a simple task, strata management involves a meticulous […]
Philippines: What can be done in case of an illegal takeover of condominium?
It took a while before Ilonggos started to get a hang of “condo-living.” For the longest time, even if in Metro Manila, condominiums were already all over, people from Iloilo City still literally had their feet planted on the ground by living in bungalows. Read the article………………………..
Maldives: Government implements new strata regulation
The government has implemented a regulation on the long-term lease of tourist properties through strata. This regulation, identified as Regulation No. 2023/R-154, was implemented under the Maldives Tourism Act. 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………………………..
South Africa: Enforcement of BEE in community schemes must be rejected (Op/Ed)
A month ago, Minister of Human Settlements, Mmamoloko Kubayi, delivered an address at the Community Schemes Ombud Service (CSOS) Indaba in which she said that community schemes (which include sectional title complexes, homeowners’ associations, retirement housing schemes, share block companies and housing cooperatives) should be subject to mandatory ‘economic transformation’. Read the article………………………..