Recent Articles

Important Changes to Be Aware of Following Commencement of the Community Legislation

The NSW Government has proclaimed the commencement date for the Community Land Management Act 2021 (CLMA) and Community Land Development Act 2021, as well as their associated regulations – all set to commence on 1 December 2021.

Ahead of the commencement date stakeholders should be aware of some of the more significant changes coming in. A non-exhaustive list of the more notable changes for each of these groups, and generally, are set out below:

Community Land Management Act 2021 and Regulations – Time to Review your Management Statement?

The long awaited update to the Community Schemes legislation is expected to commence on 1 December 2021 this year. The changes are significant and apply to almost all aspects of the community legislation.

This article is directed towards some of the more significant changes relevant to Community Association’s Management Statements and by-laws:

Partitioning – When Tenancy in Common is Not Working

It is not uncommon for co-owners to have disputes over property. When these disputes occur, a co-owner may apply to the Supreme Court for the property to be held on the statutory trust for sale or partition. Part 4, Division 6 of the Conveyancing Act 1919 (the “Act”) outlines the relevant provisions for this application. The Court usually makes this order unless special circumstances exist. This article focuses on the statutory trust for sale.

Rock Anchor Easement or Deed?

This will depend on the circumstances.

On 1 July 2020, the Design and Building Practitioners - Particulars for Regulated Designs Order 2021 (Regulated Designs Order) came into effect. Under section 5(3) of the Design and Building Practitioner Act 2020 (NSW) (DBPA), the Minister may, by order published in the Gazette, specify particulars that are additional to those prescribed by the regulations for regulated designs or regulated designs belonging to a particular class.

When “off the plan” goes “off the rails”

Buying a strata apartment "off the plan", i.e. based on drawings and specifications, before it has been built, can go wrong, but there are potentially things you can do to protect your position.

Discovery of Defects or Missing Items After Purchasing a Unit

Owners often find themselves in the position where they purchase a unit off the plan, only to discover that there are items missing or there are defects present (i.e. cracking to the cupboards).

Have you Suffered Loss over a Pre-Purchase Inspection Report?

It is extremely important for any prospective purchaser to undertake enquiries and due diligence prior to purchasing a property. Pre-purchase inspection reports are crucial to ascertain the condition of a property and can usually be commissioned at a low cost. It is frustrating for any purchaser to find out that the property they have just bought has defects present which were not noted in the pre-purchase inspection report.

What's an Easement Worth Between Neighbours?

"Off the Plan" Purchase Regrets - Top 5 Potential Solutions

Sale of strata apartments “off the plan”, i.e. before they are built, are common with new developments. In a rising market, purchasers are keen not to miss out or to lock in a price which they expect to be less than the value of the apartment when completed.

"Off the Plan" Sales | What Vendors Need to do in the Current Market

Sale of strata apartments “off the plan”, i.e. before they are built, has long been common with new developments. Developers typically require pre sales to satisfy lending requirements. Purchasers have historically been keen not to miss out or to lock in a price which they expect to be less than the value of the apartment when completed.