Strata

One Man's Trash is Another's Man's Treasure

Dealing with Hoarders

Question:            Why don’t other lot owners like hoarders?

Answer:               Typical issues that arise from lot owners who are considered “hoarders” are bad odours emanating from their lot and also issues with cockroaches, rats and mice which arise as a result of the lot being full of the “possessions” of the lot owner.  Such lot owners tend to compulsively collect all manner of items and do not dispose of anything.  Because there are so many items in their lots this can create fire hazards and make it difficult for firefighters to deal with the fire.

Challenging Unfair By-Laws - Recent Cases Give Some Guidance

The commencement of the Strata Schemes Management Act 2015 (“SSMA”) on 30 November 2016 changed the rules concerning strata by-laws. In particular, Section 139(1) provides that a by-law must not be “harsh, unconscionable or oppressive” and Section 150 gives the NSW Civil & Administrative Tribunal (“NCAT”) power to make orders invalidating such a by-law on application by “a person entitled to vote on a motion making a by-law”.

Short Term Lettings - New Rules on the Way

The NSW Government has passed the Fair Trading Amendment (Short-term Rental Accommodation) Act 2018 (“Act”), which is expected to commence in 2019 and which implements a new approach to short term lettings, including those negotiated through Airbnb, Stayz and similar online services. Some aspects of the new laws are not yet clear, as the regulations and code of conduct contemplated by the Act have not yet been released and as associated changes to planning laws have not yet been made. However, this much is already clear:

What's a Rock Anchor Between Neighbours Worth?

Question: What is the definition of a rock anchor?
Answer: $15,000 or a limit set by the general meeting decision limiting the committee below that amount or restricting that type of decision.

ISSUES CONCERNING EXECUTION OF ANNUAL FIRE SAFETY STATEMENTS

A letter from Bannermans Lawyers to NSW Planning & Response Received 09.08.18

How Will the Proposed AirBnB Changes Affect Me?

The NSW Government has announced a new approach to short term lettings, including those negotiated through AirBnB and similar online services. These are to be subject to restrictions and regulation. This seems to have been driven by concerns that:

What's a Crane Between Neighbours Worth?

Question:     Are developers required to seek consent from adjoining owners prior to operating cranes over your property?

Answer:      The land owner of a non-strata title building or the owners corporation of a strata title building will normally own the air-space that a crane would swing through and their consent is required.

Air Conditioning Issues Heating Up Your Scheme?

Issues concerning installation and maintenance of air conditioning systems are a common source of disputes in strata schemes. There are a number of reasons for this, but the major problem is the answer to questions like “what approvals do I need to install equipment” and “who is responsible for maintenance of the equipment” depend on circumstance, preventing schemes from adopting a “one size fits all” solution.

Are Termites Eating Away At You?

Managing termites and the damage they can cause is a tricky issue in strata schemes. This is partly because of the wide range of potential scenarios and partly because there are many different views on how far the owners corporation’s obligations go.

Leaf Me Alone: Tree Disputes Between Neighbours

Trees are a frequent source of disputes between neighbours. They can provide privacy and enhance amenity, but they can also annoy neighbours and damage their property. This often leads to disputes, generally involving a person wanting a tree removed or pruned and the neighbour on whose land it is situated refusing to do so.

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