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Is your strata scheme owed money?

Revenue NSW has a database recording unclaimed money it holds on behalf of strata schemes – often due to unpaid insurance claims or unclaimed trust account monies. Download the spreadsheet here and see if your building (or one you manage) is on the list.  This spreadsheet collated by Oaky Boy – one of the diligent members inside…
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Vehicle and Goods Removal Notices – templates

These Word templates are adaptable for your use when dealing with abandoned/illegally parked motor vehicles and abandoned goods on the common property in NSW strata schemes. The templates are compliant with Reg 32 and 34 of the Strata Schemes Management Regulation 2016 (NSW). Use this template for vehicles Use this template for goods I recommend…
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Sample motion to appoint a new strata manager

I am regularly asked to advise buildings on how to legally appoint a new strata managing agent. Click the link below for a Word copy of my standard or ‘template’ agenda for a general meeting convened for the purpose of appointing a new strata managing agent: Motions to appoint new strata managing agent   Be…
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How To Enforce By-Laws Under The New Strata Law

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The by-laws of a strata scheme are binding upon lot owners and occupiers alike (see section 135 of the Strata Schemes Management Act 2015 (“Act”)). If a lot owner or occupier breaches one or more of a strata scheme’s by-laws, the owners corporation has the ability to take steps to enforce those by-laws. In summary,…
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Lot owner successfully avoids bankruptcy notice by alleging OC negligence

A lot owner has convinced the Federal Court of Australia to ignore a bankruptcy notice – issued by an owners corporation in an attempt to recover unpaid strata levies and associated costs – by establishing her own counter claim against the owners corporation. In this case, the owners corporation served the lot owner – Ms Blair –…
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No more Adjudications

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Under the new Strata Schemes Management Act 2015 which commences today, 30 November 2016 (“New Act”), the process of strata adjudication has been done away with. Instead, all strata applications will be determined in hearing by the NSW Civil & Administrative Tribunal (“Tribunal”). Under the Strata Schemes Management Act 1996 (“Old Act”), applications for adjudicator’s…
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Q&A with a strata manager on the new NSW law

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This week I was asked a number of questions by a strata manager on different aspects of the new NSW strata law, due to commence in a few weeks. I have recorded the Q&A in this document, so that you can have the benefit of this information too. We cover: the committee approving training services…
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By-law: Denied.

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In the case of Colbert v MacDonald & Ors [2016] NSWSC 1291 (15 September 2016) the Supreme Court considered (a) the requirements of Adjudicators in complying with any statutory preconditions before exercising a power, and (b) whether Owners Corporations are required to circulate orders and notices from the Tribunal, in order to prevent individual lot…
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No Obligation on Landlord Re Tenant’s Quiet Enjoyment

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In the recent decision of Abdel-Messih v Mao [2016] NSWCATAP 223, the NSW Civil and Administrative Tribunal found that a landlord was not liable for a third party’s actions disrupting the ‘quiet enjoyment’ of a tenant. Mr Abdel-Messih (‘tenant’) entered into a residential tenancy agreement with Mr Mao ‘(landlord’). Mr Abdel-Messih sub-let the premises (a strata lot).…
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Review Your Agency Agreements Now

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With the Strata Schemes Management Act 2015 (NSW) set to commence on 30 November 2016, strata managers need to be paying attention to the terms of the agency agreements they (a) currently have with their buildings and (b) are issuing to new buildings they are tendering for. I have seen a number of agreements in…
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Legal Professional Privilege: Disputes Between Owners Corporations And Lot Owners

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Broadly speaking, legal professional privilege can be claimed over confidential communications and documents made for the dominant purpose of: giving or receiving legal advice; or use in existing or anticipated litigation. In general, an owners corporation is entitled to claim legal professional privilege against a lot owner with whom the owners corporation is involved in…
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