Recent Articles

Are Long Tail Building Management Agreements still Enforceable?

A common source of frustration for owners corporations trying to ensure good building management is the long-term building management agreement negotiated by the developer and inherited by the owners corporation. Frequently, this involved sale of building management rights, with little if any regard to the owners corporation's needs and best interests. However, a recent case suggests that the NSW Civil & Administrative Tribunal may be able and willing to terminate such agreements and that an owners corporation stuck with one should consider taking legal advice to assess whether that is an option for them.

Claims by Owners for Damages caused by Water Ingress under s106(5)

As a result of recent heavy rainfall, many lot owners have suffered significant water ingress/penetration issues and consequential water damage within their lots. These include, but are not limited to:

Strata Hub – FAQ's

New regulations under the Strata Schemes Management Act 2015, made by way of the Strata Schemes Management Amendment (Information) Regulation 2021 will impose new reporting requirements on strata schemes.

FAQ 1. When does this law start?

Who wants Electric Vehicle (EV) Charging and who Should Pay?

With the current rise in fuel prices affecting Australia, the demand for Electric Vehicles (EV) is at an all-time high. Discussion around EV charging are attracting all sorts of attention as recently set out in this Sydney Morning Herald article.

What Happens if you Miss the Warranty Period?

Question: What Happens to your Statutory Warranties If You Do Not Settle or Commence Proceedings Within The Relevant Period?

Answer: You have lost that warranty and your claim will be dismissed and if legal proceedings have been subsequently commenced you could be facing a large adverse costs order, as what transpired below.

Who Owns the Structure when an Owner attaches items to Common Property?

When a lot owner attaches or installs items to lot property, it becomes part of the lot property. The concept flows from the basic definition of fixtures, which means “an asset or piece of equipment that is installed or otherwise fixed to the land, so as it becomes part of the land.” But what happens when a lot owner affixes equipment or assets to common property? Would the asset, otherwise owned by the lot owner become part of the common property? Does it amount to trespass of lot owner’s airspace?

Who’s a Good Dog? – Assistance Animals Update

There are certain provisions in the Strata Schemes Management Act 2015 (“SSMA”) in relation to assistance animals that an owners corporation or lot owner should be aware of. Sections 139(5) & (6) of the SSMA provide in effect that:

The DO’s and DON’TS in By-Law Drafting: How far can an Unenforceable By-Law take you?

The very nature of strata ownership and its close proximity of living environment increases the likelihood of disputes occurring and it is common to see that many owners corporations take a proactive approach to create rules and procedures to ensure that things run smoothly within the scheme. While the Strata Schemes Management Act 2015 (SSMA 2015) recognises the rights of an owners corporation to make by-laws for the purpose of the “control, management, administration, use or enjoyment of the lot or lots and common property”, the provisions under the SSMA 2015 also impose certain restrictions on the by-law making power. 

Owners Corporations withholding consent to the Lodgement of Development Applications

Who Owns the Embedded Network Infrastructure when it is Attached to the Common Property?

A “fixture” refers to objects that are attached to the land in such a manner that they become part of the land. Once an object becomes a part of the property, it belongs to the property owner. But how does the concept of fixture and ownership play out in context of strata scheme buildings?