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Community Land Management Act 2021 and Regulations – Time To Review Your Management Statement

Strata and Community Title Developments

Posted 13 October 2021

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 legislat…

How to Terminate a Strata Scheme (Even if Required Consent is not provided by all parties)

Strata, Urban Renewal

Posted 14 September 2021

There are numerous ways to terminate a strata scheme such as approaching the Registrar-General or forcing a sale pursuant to the strata renewal process, but how do you achieve this if the required con…

Partitioning – When tenancy in common is not working

Building Defects, By-Laws, Renovations, Urban Renewal, Conveyancing

Posted 14 September 2021

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 par…

Rock anchor Easement or deed?

Strata

Posted 03 September 2021

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 Practitio…

New Pet Reform Laws Commenced on 24 August 2021: Why you may need a new By-Law

Strata, By-Laws

Posted 21 August 2021

Amendments to the Strata Management Schemes Act 2015 (NSW) (SSMA) and its regulations came into effect on 24 August 2021. These changes significantly move the legal position on pets from the recent Co…

10 Years and Terminated: Court upholds cap to Pre-2003 Building Management Agreement

Strata, Management Agreements

Posted 24 August 2021

There has been a widespread practice of extending caretaking or building management agreements to get around the 10 year cap in the Strata Schemes Management Act 2015 (SSMA 2015). In the recent appeal…

Beware of SOPA – 10 or Less Business days to Dispute Invoices

Security of Payments

Posted 11 August 2021

Owners corporations and owner occupiers entering into contracts with builders need to be aware of the Building and Construction industry Security of Payment Act 1999 (NSW) (SOPA) to avoid payment disp…

When “Off the Plan” goes “Off the Rails”

Conveyancing

Posted 10 August 2021

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.…

“I am going to shoot you” – When Levies go too far

Levy Recovery

Posted 10 August 2021

Just when we thought our levy recovery team had heard it all….we were wrong. “I’m going to get a gun and shoot you”. Not the most conventional way to get out of paying levies but there it w…