Strata

What Can You Do When The Developer Retains Control Of Your Strata Building?

Despite legislative restrictions on developers retaining control of new apartment buildings, developers are coming up with new ways to continue their control after completion.

What To Do When Neighbours Want Access To Your Land

Owners corporations and other property owners are often asked by the owner of an adjoining property, usually a developer, to allow access to their land. This can be temporary or permanent and can be for a variety of reasons, e.g. movement of workers, vehicles and/or materials to carry out works on the adjoining property, operation of a crane over the property to facilitate works on the adjoining property or running services and/or storm water under the property. Temporary access is generally granted by way of a licence, while permanent arrangements generally involve an easement. In either case, there are many complex legal and practical issues for an owner to resolve, about which legal advice is generally required and best obtained sooner rather than later.

Fact Sheet - Swimming Pool Laws

The Swimming Pools Act 1992 (“Act”) has been amended to impose additional requirements on pool owners. Key points:

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.

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