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 – […]

Owners corporations engaging lawyers under the new NSW law

Until 30 November 2016, owners corporations in NSW could not engage a lawyer or commence any legal action unless the engagement and the legal action was approved at a general meeting of the owners. There was an exception to that requirement if the lawyer’s costs were quoted at less than $12,500 or $1,000 per lot […]

The importance of correctly serving levy notices

In this case the NSW Court of Appeal left undisturbed the Supreme Court’s earlier decision that a lot owner had been properly served with notice of levies and was therefore liable to pay. Before the Supreme Court, the lot owner, Mr Chua, claimed he never received the levy notice. The issue was whether or not Mr Chua […]

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 […]

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 […]

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 […]