A Major Management Issue of all Strata Owners
In 2012, and major study by the University of New South Wales found that 85% of strata owners had to address costly building defects. Since then the problem seems to have grown even worse, with some notorious major developments and a state-wide fire safety issue with external cladding materials.
A Response to Notoriously Defective Buildings
The Design and Building Practitioners Act 2020 (NSW) is the major legislative response to public concerns regarding defective buildings in New South Wales. Major developments at Mascot Towers and Opal Towers have received notorious media attention, and residential owners have been exposed to eye-watering rectification costs. At the same time concerns regarding the fire risk associated with common external cladding products, have caused a state-wide need incur serious rectification costs.
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). However, in the recent case of Australia City Properties Management Pty Ltd v The Owners – Strata Plan No 65111 [2020] NSWSC 1505, Justice Darke held that deeds of variation used to extend the term of the agreement for a period of greater than 10 years by adding option periods were, in fact, capped at a term of 10 years.
Section 232 of the Strata Schemes Management Act 2015 (“SSMA”)
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:
Update on ‘No Pets’ by-laws in Strata – The Miniature Schnauzer that Roared
The issue of pets in strata schemes has always been a controversial and fiercely contested issue.
Pets are often viewed as a member of the family by some, or conversely, an unpleasant annoyance by others.
The ATO has clarified its position regarding a number of income tax issues pertaining to bodies corporate constituted under strata title legislation, issuing taxation ruling TR 2015/3. TR 2015/3 replaces the earlier draft ruling TR 2015/D1. The ATO considered numerous submissions and comments in relation to the draft ruling and made a number of changes in the final ruling, but these in virtually all cases involved clarifications and reframing of examples. TR 2015/3 represents the ATO’s current position regarding the assessment of income and the deduction of expenses.
In a recent case, Ippolito v Cesco [2020] NSWSC 561 (“Cesco”), the Supreme Court shed further light on this question. Essentially, it confirms previous Supreme Court decisions, especially The Owners – Strata Plan No 76674 v Di Blasio Constructions Pty Ltd [2014] NSWSC 1067 (“Di Blasio”) and The Owners Strata Plan 73162 -v-Dyldam Developments Pty Limited [2014] NSWSC 1789 (“Dyldam”).
When faced with defective residential building works and a builder unable to satisfy a claim, focus will obviously shift to home owner warranty insurance. However, having been intended as a last resort measure, this is subject to some significant limitations:
Question: What is the definition of an easement?
Answer: An easement gives a right to cross or otherwise use someone else’s land for a specific purpose.
The issue of pets in strata schemes has always been a controversial and fiercely contested issue.
Pets are often viewed as a member of the family by some, or conversely, an unpleasant annoyance by others.
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