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International Condo & HOA Articles

/ Owner - May 15, 2014
  • Netherlands: The Dutch homeowner’s association (VvE) explained December 6, 2023
    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 for a particular property, but there are some general things you should know.    Read the article……………………………….
  • Australia: Why do Good Owners make Bad Strata Decisions? November 17, 2023
    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…………………………………
  • Turks and Caicos Islands: A Guide To Purchasing Property October 2, 2023
    Purchasing a property can be one of the most stressful experiences in life, especially when also contending with a foreign country and unfamiliar jurisdiction. However, purchasing your dream property on a paradise island may not be as complicated or scary as you think. We have set out below a guide to the main steps involved when purchasing a property in the Turks and Caicos Islands (“TCI”).    Read the article…………………………………
  • Europe: Mastering the Art of Strata Management Transformation September 20, 2023
    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 blend of responsibilities aimed at fostering a harmonious coexistence among residents.  Read the article………………………..
  • Australia: Demystifying Unit Entitlement (WA) August 16, 2023
    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 August 16, 2023
    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………………………..
  • India: Key Insights into Homeowner Associations: An Overview of Important Information July 10, 2023
    Homeowner associations (HOAs) play a significant role in many residential communities, governing and managing various aspects of communal living. These associations are formed to maintain property values, establish rules and regulations, and provide shared amenities and services.   Read the article………………………..
  • India: Homeowners’ Association (HOA) Laws: Rights and Responsibilities of Owners May 23, 2023
    In this article, we will delve into the laws governing HOA’s and outline the rights and responsibilities of the owners.   Read the article………………………..
  • Australia: Stretching time under the Strata Schemes Management Act, but not the Home Building Act April 27, 2023
    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………………………..
  • South Africa: Is it legal to charge fines for speeding transgressions in estates to a homeowner’s levies? December 17, 2022
    A two-part article: Part 1: Is it legal to charge fines for speeding transgressions in estates to a homeowner’s levies? Part 2: Clearing up some common misconceptions about estates issuing fines to homeowners following the Mount Edgecombe-case
  • Australia: Does NCAT have the Power to Resolve all Strata Disputes? (NSW) November 3, 2022
    A recent hot topic has been the width of the powers given to NCAT to resolve strata disputes.  In particular, can NCAT resolve any strata dispute or just some disputes?  This interesting issue was considered in a recent decision of the Appeal Panel of NCAT.   Read the article………………………..
  • Philippines: How do homeowners’ associations operate? October 2, 2022
    The essence of community life is association and cooperation for without these such broader welfare goals cannot be attained, according to the Supreme Court in Bel-Air Village Association Inc. v. Dionisio.      Read the article………………………..
  • Australia: Effective from 1 September 2022, PSAR Regulation – New Provision about Handover of Records to Self-Managed Schemes September 12, 2022
    The primary change for strata and community managing agents relates to the expansion of the requirements under Schedule 4 Rules specific to strata managing agents and assistant strata managing agents (previously Schedule 6 of the 2014 regulations). Clause 1 of Schedule 4 is set out in full below:   Read the article………………………..
  • Israel: Condominium Buildings and Electric Vehicle Charging Stations – New Ruling July 18, 2022
    A recent ruling by the supervisor of the Israel Land Registration addresses, inter alia, the installation of an EV charging station in the car park of a condominium building.  The general meeting of a condominium building’s tenants is responsible for passing decisions about the use of common property in a condominium. A draft bill is currently pending, which would require the consent of a special majority of two-thirds of apartment owners to install an EV charging station in a common ...
  • Turks and Caicos Islands: An Overview Of Strata Titles And Homeowners’ Association Ownership June 11, 2022
    If you are looking at purchasing a condominium, apartment, or villa within a development/complex (as opposed to a standalone house or villa) in the Turks and Caicos Islands (“TCI”), title to the property will either be what is known as a “strata title” or will be part of a Homeowners’ Association. This article aims to give you a brief introduction/overview to strata titles and Homeowners’ Associations and how they operate. Read the entire article……………………………….
  • Australia: Building Defects: Who in Construction is Liable? June 8, 2022
    Is “a person who carries out construction work” limited to the entity that was contracted to do the work such as, the builder and developer or does it also include all persons involved in completing the project work such as a supervisor, director or project manager?  Read the entire article……………………………….
  • Australia: Stop! Considerations for strata lot owners before you pick up the hammer this long weekend April 12, 2022
    One of the most common questions that I receive from lot owners is along the lines of “why is the owners corporation picking on me, I just did a small bit of work”.  Read the entire article……………………………….
  • Australia: Who wants Electric Vehicle (EV) Charging and who Should Pay? April 5, 2022
    With the current rise in fuel prices affecting Australia, the demand for Electric Vehicles (EV) is at an all-time high. Discussion around EV charging are attracting all sorts of attention as recently set out in the Sydney Morning Herald article.  In a group setting such as an owners corporation where you have owners and tenants with different agendas, often people will need to put forward something which benefits them but needs approval from the other members where it has no ...
  • The new case South Africans living in complexes and estates should know about February 27, 2022
    The issue of short-term rentals in residential complexes is a thorny one, says BBM Law director Marina Constas.  “For permanent residents, units rented out on a short-term basis – whether through Airbnb or other channels – can be bad news, jeopardising the development’s reputation, property values and security. For many property investors, however, short term rentals are their bread and butter,” she said.    Read the entire article……………………………….
  • Thailand – Condominium Disputes: Rights And Responsibilities Of Joint Owners September 15, 2021
    “Condominium” combines the Latin roots com (“together”) and dominium (“right of ownership or property”) into a word that literally means “shared property.” This shared ownership of property—which in the condominium’s case has come to mean a large building of residential units—has been enormously popular in Bangkok and other Thai cities,      Read the entire article……………………………….
  • UAE: Jointly Owned Property Regulations in Dubai March 3, 2020
    Being a part of the Owners Association necessitates a payment known as the annual service charge, which will be utilized for the maintenance and preservation of the community. In Dubai Law Number 27 of 2007 was introduced as the Strata Law, to establish the regulations with regards to the ownership of jointly owned real property and the establishment of an owner’s association. The reason for beginning this article with this case was to illuminate the readers of the rights of ...
  • Australia: Combustible Cladding, Class Actions & Australian Consumer Law December 17, 2019
    One of the potential routes to recovery for strata owners faced with the cost of council orders requiring the replacement of combustible cladding may be actions against the manufacturers under the Australian Consumer Law.  At present Federal Court Class Actions are on foot representing all person who are effected by the apparent failure of Alucobond and Vitrabond cladding panels to meet BCA fire standards.  Those cases, rely on alleged breaches of the guarantees section 54 of the Australian Consumer Law ...
  • Ghana: What you need to know about condominiums April 10, 2019
    Condominiums or condo is a term used in the United States and most provinces in Canada. Condos are more complicated than buying and living in a single family home. You must understand what it is you are purchasing and whether the lifestyle will suit you and your family.   Read the article……………………..
  • Romania: Real Estate Law: Important news on condominiums January 29, 2019
    On 28 September 2018 a new law (the law) came into force, providing new regulations relevant in practice for properties jointly owned by several persons. The law replaces in full the previous law on the establishment, organization and functioning of ownership communities. It is relevant to owners and purchasers.  It applies to every owner, tenant, and owner and tenant communities in condominiums. [Condominiums are properties consisting of one plot of land and one or more buildings, if there are at ...
  • Malaysia: Strata management tribunal – Classification of claims July 19, 2018
    A claim that is filed with the Strata Management Tribunal (SMT) may be classified either for negotiation or for hearing pursuant to the Strata Management (Strata Management Tribunal) Regulations 2015 (SMT Regulations).  The term negotiation is defined by BusinessDictionary.com as bargaining (give and take) process between two or more parties (each with its own aims, needs, and viewpoints) seeking to discover a common ground and reach an agreement to settle a matter of mutual concern or resolve a conflict. Uslegal.com ...
  • Defects in Strata Buildings – the strata building bond explained May 3, 2018
    Defects in newly constructed high-rise developments are becoming more and more prevalent, especially in Sydney.  With the aim of addressing this, there are now new obligations on property developers in New South Wales pursuant to Part 11 of the Strata Schemes Management Act 2015.     Read the article……………….
  • Cayman Islands: Restrictions on short-term letting and Strata by-laws March 16, 2018
    For some time there has existed a potential conflict between Strata by-laws which expressly seek to limit strata owners from short-term letting of their units, usually for less than a month or requiring the use of a particular rental manager, and Para 21(4) of the Strata Titles Registration Law (Revised) (the Strata Law) which reads:  “No by-law shall operate to prohibit or restrict the devolution of strata lots or any dealing therewith or to destroy or modify any easement ...
  • Myanmar: Passing Of Condominium Regulations January 30, 2018
    In December 2017, the Ministry of Construction passed the much anticipated Condominium Rules under notification No. 267/2017 (the “Condo Rules”), almost two years following the enactment of the Condominium Law (2016) (the “Condo Law”). With investment in Myanmar’s condominium market slowing considerably over the last year, the introduction of the Condo Rules reflects the Myanmar government’s continued recognition of the need for a robust framework in the sector to encourage continued foreign and domestic investment and has been the source ...
  • Can a strata by-law restrict Airbnb style holiday lettings? A new legal decision is a game changer January 2, 2018
    The news from London is that the Privy Council has decided to uphold a strata by-law which bans holiday lettings of less than one (1) month.  The decision is O’Connor (Senior) and others v The Proprietors, Strata Plan No. 51 UKPC 45 (21 December 2017). Lord Carnwath gave the judgment on behalf of the Judicial Committee of the Privy Council, Parliament Square, London.    Read the article…………………….
  • Get ready for the new NSW Strata Defects Regime December 7, 2017
    The new Strata Defects Regime will have short- and long-term effects on developers, and they should be getting ready now.  New South Wales’ new Strata Defects Regime established under the Strata Schemes Management Act 2016 is about to commence on 1 January 2018, and with the release of the Strata Schemes Management Regulations 2016 developers have more clarity about their various obligations under the scheme.    Read the article…………….
  • Overview of Strata Structures in Dubai November 1, 2017
    Common areas in certain real estate projects in Dubai belong jointly to the owners of units in the project. The management of such common areas is governed by the provisions of Law No. 27 of 2007 and a set of directions and regulations.   This article summarises the various entities and documents involved with the management of common areas in single use developments and common elements in mixed use developments.    Read the article………………
  • Thailand: Condominium Disputes: Concerns for Joint Owners July 7, 2017
    Condominiums have long been one of the most popular properties for people living in Thailand’s big cities. The different units in a condominium are individually owned, while common properties, such as lobby areas or swimming pools, are jointly owned by the owners of individual condominium units.  Unfortunately, disputes among joint owners (the owners of units in the building of each condominium) or between joint owners and the condominium juristic person are sometimes unavoidable. Therefore, it is prudent for joint owners ...
  • Special Economic Zones – Quietly Advancing Freedom And Transforming Countries April 12, 2017
    Though not special economic zones in the modern sense, zones governed by special rules have existed almost as long as government itself.  The astonishing growth in SEZs over time qualifies as a revolution of sorts, but not the usual, political kind.  Instead of being imposed by domestic or foreign enemies, this revolution has come from within, allowed or even encouraged by existing authorities.  Read the article…………….
  • Japanese Condominium Bans Greetings Within the Condominium Property December 15, 2016
    It was recently reported that a Japanese condominium has implemented a rule that prohibits residents from greeting each other while on the condominium property. This rule was adopted out of concern for the safety of elementary school-age children living in the condominium.  As parents were instructing their children to run away if they were greeted by strangers, it was decided that it would be better for all residents if everyone in the condominium complex refrained from extending greetings to each ...
  • Community Democracy in Cayman Islands’ Strata Corporations June 8, 2016
    A recent decision of the Grand Court may affect role of developers of strata corporations in the Cayman Islands, particularly where the strata development forms part of a larger resort complex, perhaps incorporating timeshare apartments or a hotel.    Read the article…………
  • A Quick Guide to the New Abu Dhabi Strata Law May 1, 2016
    For those in the real estate industry, the easiest way to understand the new Abu Dhabi strata law is to compare it with the already familiar Dubai strata law. The two Emirates’ laws, in most cases, reach the same place by similar means. For property developers and owners’ association managers working across both jurisdictions, the transition should be relatively easy provided they are alert to and comply with the differences.   Read the article………….
  • Understanding Homeowners Association Reserve Accounts (India) October 20, 2015
    A significant cost, when buying a property that is part of a small common interest development, can often be the monthly or other periodic fees due to the homeowners association. A lot of homeowners mistakenly look on this money as part of their investment and while they are not entirely wrong, once the money is paid it becomes the property of the homeowners association rather than being directly linked to their property.
  • South Africa: Liquidators vs Home Owners Associations: title deed conditions are binding on liquidators April 26, 2015
    In two recent cases decided in the Supreme Court of Appeal (SCA), namely,Willow Waters Homeowners Association (Pty) Limited v KOKA NO and others ZASCA 221, the SCA was asked to consider:     Read the articles………..
  • Home ownership Rights (Philippines) March 15, 2015
    MANY people living in subdivisions and villages are not aware that a law had been passed mandating the rules and regulations that have to be observed in so far as their right to organize in these subdivisions and villages is concerned.  This is where the Magna Carta of Homeowners and Homeowners Associations under Republic Act No. 9904 come in.
  • Jamaica: Destroying A Strata Plan January 4, 2015
    Destruction is a word that connotes damage, so how then can this be a suitable remedy to rectify errors on a strata plan?  Individual ownership of strata apartments was facilitated by the passing of The Registration (Strata Titles) Act in 1969. This allowed individual certificates of title to be issued for each apartment in the strata complex. At the heart of this application is the strata plan.     Read more……….
  • Indonesia: Rights and obligation of owner and tenant in a condominium or strata title unit June 9, 2014
    Condominium is a multistory building for residential purpose, which every unit of it can be owned separately. As a residential building that can be owned separately, tenants of condominium have boundaries in making use of spaces and facilities inside of condominium. In a condominium there are common equipment, common facility, and common land. Those things are shared rights of a condominium which cannot be owned individually because they are one functional unit of condominium that cannot be separated.   Read more……..
  • Indonesia: Rights and obligation of owner and tenant in a condominium or strata title unit May 20, 2014
    Condominium is a multistory building for residential purpose, which every unit of it can be owned separately. As a residential building that can be owned separately, tenants of condominium have boundaries in making use of spaces and facilities inside of condominium. In a condominium there are common equipment, common facility, and common land. Those things are shared rights of a condominium which cannot be owned individually because they are one functional unit of condominium that cannot be separated.     Read ...
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