Strata and Development Articles
Management Rights - Fiduciary Duties - Developers
Management rights issues
There have been a lot of enquiries about community associations and strata schemes being dissatisfied with caretaking/building management rights arrangements put in place by the developer and what the association or scheme can do about these arrangements.
There are a wide range of possible remedies that need to be considered when determining what an association or scheme should do. A new decision that may need to be considered relates to claiming secret commissions or damages against the developer.
Asbestos compliance under the Work Health and Safety Regulation 2011 for group title structures
On the 1 January 2012 provisions in the Work Health and Safe Regulation 2011 (“the WHSR”) commenced which includes requirements relating to identification of asbestos, creation of an asbestos register and creation of an asbestos management plan.
By-Laws in Residential Strata Schemes
The Strata Schemes Management Act 1996 and regulations contain a number of short form by-laws to assist to regulate the conduct of owners and occupiers.
Owners corporations and developers frequently create and adopt much more tailored by-laws to deal with the particular scheme and the specific issues that they encounter.
Fences, Trees and Retaining Walls
We have recently seen a significant increase in the number of disputes concerning retaining walls, dividing fences and damage by trees from adjoining properties.
This area of law has undergone considerable legislative reform in recent years and there are many interesting aspects to consider, including:
Disability (Access to Premises - Building) Standards 2010
Many strata managers, owners corporations and owners will now need to consider the wide ranging effect of the new Commonwealth standards which require the installation of disability access and became effective on 1 May, 2011.
Proxies in Strata
A recent Supreme Court decision, Vero Insurance Ltd v Kassem [2010] NSWSC 838 (“the Vero Decision”) illustrates the importance of ensuring proper execution of an instrument appointing a proxy. The decision, in which a chairman of a meeting was found to have properly rejected an instrument as invalid, concerned a meeting of creditors under the provisions of the Corporations Act 2001 (“the Act”), but is equally applicable to strata proxies executed on behalf of corporations. In that case, the problem was that the signatory relied on express or implied authority to execute the instrument on behalf of the corporation, but did not provide evidence of that authority.
Ethics in Strata
Owners corporations, executive committees, lot owners and tenants and many other people rely heavily on the information and services provided by strata managers and suppliers to make informed decisions in the management of their schemes.
Greening Your Building
There are many opportunities schemes can undertake in order to green their buildings.
Caretaker and Building Management Agreements
Caretaker and Building Management Agreements
- The Strata Schemes Management Act 1996 (the Act) is limited to caretaker agreements and does not specifically address building management agreements if they are not caught by the definition of a ‘caretaker’ – Section 40A of the Act.
Strata Management Agency Agreements
Agency agreements
- The appointment of a strata managing agent may take place only by an instrument in writing authorised by a resolution at a general meeting – Section 27(1) of The Strata Schemes Management Act 1996 (the Act).
Works by Owners
What are the correct forms of approval for works by owners and the use of those works?
Repair and Maintenance
Section 62 Strata Schemes Management Act 1996
- Section 62 of the Act provides that ‘An owners corporation must properly maintain and keep in a state of serviceable repair the common property...’
Strata Schemes Management Regulation 2010
On 1 September 2010, the Strata Schemes Management Regulation 2005 will be repealed and replaced with the Strata Schemes Management Regulation 2010. Some key changes are set out below.