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A bespoke contract to enable service charges direct to owners who want that special service that the committee does not wish to pay for.
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Contract between a strata manager and a developer for pre-registration services.
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A bespoke up-to-date building management agency agreement template and proposal, tailored for your firm.
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A tailored by-law for your renovation works.
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An agreement from the owners corporation to owners or occupants to supply amenities, such as, electric vehicle charging infrastructure, telecommunication services, window cleaning, garbage disposal and recycling services.
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Advice regarding losses following defective reports following property purchase.
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Posted 30 November 2020
Category: Strata, NCAT and Court Proceedings
Section 232 provides the NSW Civil & Administrative Tribunal (“NCAT”) with a general dispute resolution power. On its face, this is extremely broad. However, recent NCAT decisions indicate that:
Recent NCAT cases have struggled with the proposition that, for NCAT to be able to make an order, power to make the order must be conferred by the SSMA or the Civil and Administrative Tribunal Act 2013 (“NCAT Act”), compounded by the less than ideal drafting of these acts on this point.
Most of these cases concern NCAT’s power to award damages against an owners corporation for failure to comply with the owners corporation’s statutory duty to repair and maintain common property under Section 106(5) of the SSMA. A recent Court of Appeal decision has largely resolved that issue. Vickery v The Owners – Strata Plan No 80412 [2020] NSWCA 284. Key points:
The issue has come up in other contexts and this may continue. For example, the decision of the Tribunal in The Owners –Strata Plan No 76830 v Byron Moon Pty Limited [2020] NSWCATAP 186, suggests that the Tribunal doubts that Section 232 gives the Tribunal jurisdiction to order adjustment of levy contributions as between owners in response to incorrectly raised levy contributions. However, the reasoning in that decision on that point is dubious and probably inconsistent with the Court of Appeal decision in Vickery v The Owners – Strata Plan No 80412 [2020] NSWCA 284.
We have considerable experience in this area, having been involved in a number of cases of this type and could assist you should you be having problems with these issues.
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.