Savina Yang and I discuss two ways you can use part of the common property to increase the value and amenity of your unit. Link mentioned: Get the transcript here! Key Points/Timestamps 00:27 – Introduction and Overview 01:07 – How to increase the value of your Strata unit by extending into common property 02:27 -…
The NSW Supreme Court has reminded us of the requirement for section 80 levy recovery expenses to be ‘reasonably incurred’ and ‘reasonable in amount’. If there is any doubt, costs will be referred for assessment. IIB Australia Pty Ltd v Owners Strata Plan 76024 (No 2) [2015] NSWSC 929 (16 July 2015) was an appeal from a decision…
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…
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…
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…
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…
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…
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…
How To Ensure You’re Not In Breach Of Your By-Laws Resources / Links Mentioned Get the transcript here! https://yourstrataproperty.com.au http://lawyerschambers.com.au/ Books Mentioned Screw It, Let’s Do It – Richard Branson Key Points / Timestamps 00:24 – Intro and Overview 01:06 – Amanda Farmer invites the listeners to grab a copy of the Strata Essentials e-book…
Now and then I am called upon to attend strata meetings on behalf of lot owners, owners corporations or strata managers. Over the years, I have picked up a few tips comes to the way in which an efficient strata meeting is run. Here are 6:
Strata essentials: these are the 6 things you absolutely must know about owning a strata property: by-laws, levies, lot property vs common property, meetings, strata manager, committee.
Recently, 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 in preparation for answering the various aspects of that important question:
What do your owners think happens to the personal information they provide to you? Do you warn owners that their personal information may be made available to those inspecting the books and records of the scheme? This could include postal address, telephone number and email address.
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…
Due to popular demand, I have prepared this paper setting out my advice on the best practice to be applied when recovering unpaid strata levies, including my thoughts on the practice of recording ‘expenses’ on owner ledgers.
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