Strata

Annual Fire Safety Statements: What Are They Good For? Sometimes, Absolutely Nothing!

Building owners will be familiar with the legal requirement to lodge a fire safety statement with the local council and fire brigade every year. This requirement is set out in the Environmental Planning & Assessment Regulation 2000 (Regulation).

Fire Safety Upgrade Orders

Council, or other consent authority, has the power to issue orders to the owner of a building requiring them to do such things as are necessary to promote adequate fire safety in the building under section 121B of the Environmental Planning and Assessment Act 1979 (NSW).

Security Cameras - Who is Watching and Listening to you?

Security cameras in strata schemes are becoming more common. What these cameras can legally record, who retains the footage and who has a right to view the footage are all important issues for owners corporations that already have, or are considering installing security cameras.

How Secure is your Strata Scheme?

Security measures strata schemes can and should consider taking

Security can sometimes be a tricky issue for owners corporations who need to balance the rights of owners and occupiers to access and use both common property and lot property with the scheme’s obligations to restrict unauthorised third parties from accessing the building and to minimise the risk of crimes such as break ins, theft or damage.    

Tenacious Owners Corporation Smashes Through Resistance to Access Order: Court of Appeal Clarifies Obligations and Rights to Reinstate Common Property

- The Owners – Strata Plan 21702 v Krimbogiannis [2014] NSWCA 411 (“the Connaught case”) -

In a Nutshell

Defamation and Strata Title - What to do when things get Heated

Things can get very heated in a strata context. Disputes can be very personal and can span long periods of time, allowing issues and frustrations to build up over time. Those frustrations can lead to emotional reactions and in some cases comments or actions which may be defamatory. Defamation may have occurred where the statements made involve publication of material which contains defamatory imputations about an identifiable individual.

Compulsory Acquisition of Strata Property

Compulsory acquisition of land by Commonwealth and State authorities has long been controversial, but anxiety has risen in recent years. A number of major infrastructure development projects have been commenced or proposed in recent years, e.g. the NorthConnex and WestConnex projects in Sydney. We understand that more than 1,000 properties have been compulsorily acquired over the past five years and several hundred more are likely to be acquired as a result of these projects.

Noise in Strata Schemes

Noise is one of the most common cause of complaints within residential strata buildings. Complaints may involve noise from hard floors and lack of appropriate floor coverings, mechanical noise from air-conditioning equipment, motor vehicles and alarms, noise from renovation works, noise from activities such as parties and music and noise from barking dogs and other pets.

Democracy Rules, OK? Well, Not Quite: Strata Managers and Section 237 Appointments

Introduction

In a democracy, majority rules even if those decisions are bad. If you are in the minority, there is not much you can do until the next election (or annual general meeting) at which time you may try to become the majority.

Strata Managing Agents - Tips on Managing Risk

Ever more is expected of strata managing agents, in terms of the broad range of issues they are required to deal with and in terms of the high standards expected of them. This can make strata management a risky undertaking, as confirmed by several recent cases, in which large damages awards were made against agents.

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