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Timing is Everything – Counting the days to an AGM or you won’t be counting the levies

Levy Recovery

Posted 22 October 2017

In the decision The Owners - Strata Plan No 62022 v Sahade [2013] NSWSC 2002 the Supreme Court agreed with the Local Court that a levy was not validly raised because the meeting was invalid as the not…

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Acquisition of Strata Management Agency Business

Strata, Management Agreements

Posted 21 October 2017

A number of legal and practical issues arise when one proposes to acquire a strata management agency business and wishes to obtain the full benefit of the business acquired.…

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Management Rights – Fiduciary Duties – Developers

Strata, Management Agreements

Posted 22 October 2017

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 b…

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Building Management Agreements

Strata, Management Agreements

Posted 21 October 2017

Building Management Agreements The Strata Schemes Management Act 2015 (the Act) uses the term “building manager” in place of the term “caretaker”, which had been used under previous legisla…

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For your eyes only – Owners Corporation Records and Legal Professional Privilege

Meetings and Records

Posted 10 October 2017

A strata managing agent acting for an owners corporations involved in a legal proceedings usually holds sensitive documents relating to the proceedings. Other parties in those proceedings may wish to …

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Defect Bonds and Insolvency Issues

Building Defects, Residential Building Works

Posted 19 September 2017

The new strata building bond and inspection scheme will now commence on 1 January 2018 (the “Scheme”).…

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Do you need the Owners Corporations consent to your DA?

Strata, Renovations

Posted 19 September 2017

The case of Owners Strata Plan No. 50411 & Ors v Cameron North Sydney Investments Pty Ltd [2003] NSWCA 5 (Cameron’s case) considered not only the question of when an owners corporation’s consent i…

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Strata Renewal – Lot Owner’s Consent is Required for DA

Strata, Strata and Community Title Developments, Urban Renewal, Planning Approvals

Posted 18 September 2017

Each lot owners’ consent is required for any DA relating to the ‘whole’ strata scheme Under the new Part 10 strata renewal provisions in the Strata Schemes Development Act 2015 (SSDA 2015) th…

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