Short term letting in strata

Last week, I was invited by strata management company Dynamic Property Services to sit on a panel, together with other strata ‘experts’, and answer a range of questions asked by strata owners. One of those questions was: what to do about short term letting in strata? Below I share with you my personal notes made […]

Landlord fined $11,000 for smoking neighbour

The NSW Civil and Administrative Tribunal Appeal Panel has upheld a decision to order a landlord to pay a tenant over $11,000 in compensation, declaring a unit that was permeated by smoke from a smoker downstairs was unsuitable for habitation. This is an important case because the landlord was liable for compensation even though the […]

Failing to be clear is fatal in litigation

In APX Projects Pty Limited v The Owners Strata Plan No. 64025, a lot owner attempted to:- argue that a large payment made to settle debt recovery proceedings should have been allocated to sinking fund levies rather than outstanding legal fees; and bring an action against the treasurer, on behalf of the owners corporation. The owner failed […]

Court of Appeal finds strata schemes may restrospectively approve legal action

December 2014 saw two decisions of the NSW Court of Appeal confirm the effect of section 80D of the Strata Schemes Management Act. This is the section that requires legal action to be approved by the general meeting if the reasonably estimated costs of taking that action exceed the amounts stipulated in the Regulation (currently $1000 per lot or $12,500 […]

Appealing to the Tribunal? Don’t miss the deadline

Amended provisions in the Strata Schemes Management Act which came into effect 1 January 2014 were recently put to the test by Lawyers Chambers before the NSW Civil and Administrative Tribunal (“NCAT”). In the case of Malcolm Patrick and Margarita Patrick v The Owners-Strata Plan No 9079 [2014] NSWCATCD 232 (2 December 2014), the NCAT accepted our argument that it […]

A win for builders, yet another blow for owners

The High Court has found that there is no duty of care owed by a builder to an owners corporation in respect of pure economic loss flowing from latent defects in construction work: <a href=”http://www.austlii.edu.au/au/cases/cth/HCA/2014/36.html”>Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 [2014] HCA 36 (8 October 2014).</a> The building in question was a […]

Recovering unpaid strata levies

For those involved in strata living in NSW, the legal regime for the collection of unpaid strata levies can be confusing. That confusion is made worse when strata managers, lot owners and committee members receive conflicting advice from lawyers experienced in this area of the law. Some common questions include:- is an owners corporation entitled […]