Strata

Unauthorised Parking - What Can Owners Corporations Do?

Parking is a vexing question. Owners corporations and their strata managing agents have been struggling with it for years. They are not helped by uncertainties in the law, limited police and council powers, restrictive strata management laws and widespread misconceptions about what is permissible.

 

New Short-Term Rental Accommodation Legislative Regime in NSW

On 9 April 2021, the NSW government announced a new statewide policy for Short-Term Rental Accommodation (STRA) including the the Environmental Planning and Assessment Amendment (Short-term Rental Accommodation) Regulation 2021 and State Environmental Planning Policy Amendment (Short-term Rental Accommodation) 2021 which introduced a number of important reforms for the industry. These are scheduled to take effect on 1 November 2021.

 

Control of Unauthorised Parking – Common Sense Prevails

Bannermans Lawyers’ clients recently achieved a great result in the NSW Civil & Administrative Tribunal (“Tribunal”), which we expect will bring to an end long standing parking problems.

 

Owners Corporations withholding consent to the Lodgement of Development Applications

In order to obtain development consent conditions from a development application the Local Council needs the consent of the owner of the land.

 

If an owners application involves the common property the owners corporation’s consent to the lodgement of that development application is required to enable development consent conditions to issue.

 

Retaining Walls & the Dividing Fences Act – What you & your Neighbours Need to Know!

The Dividing Fences Act 1991 (Act) now applies to retaining walls which provide support for a fence separating the land of adjoining owners, whether on the common boundary of adjoining land or on a line other than the common boundary. 

 

Every Dog has it's Day - the Massive Amendment to the Legislation on Pets By-Laws in Strata

Following the landmark Court of Appeal decision in Cooper v The Owners – Strata Plan No. 58068 [2020] NSWCA 250 (“Cooper”) that held that by-laws containing blanket bans on pets were harsh, unconscionable or oppressive, the Strata Schemes Management Act 2015 (“Act”) is now being amended to enshrine these provisions into legislation.

 

Owners’ Views and Sunlight Obstructed by Hedges - What can you do?

It is common for owners or owners corporations to have disagreements about how to deal with a hedge on a neighbour’s property that is obstructing views (such as water views) or sunlight.

 

These issues are primarily addressed under the Tree (Disputes Between Neighbours) Act 2006 (NSW) (“TDA”), though there are circumstances where the TDA may not be applicable.

 

Need to Install or Replace Smoke Alarms? Who is Liable?

Issues

 

Proper management of smoke alarms within strata buildings, including initial installation and ongoing maintenance, is an important safety concern, generally taken seriously by all concerned. However, depending on the equipment used, costs can be significant and issues can arise as to who is responsible for those costs.

 

Pet Owners in Strata Celebrate! Court of Appeal Invalidates No Pets By-Law

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.

 

What's an Easement Worth Between Neighbours?

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.

 

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