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Should an Owner’s Corporation Get Legal Advice on a Remedial Contract? Yes, in many instances!

Strata

Posted 21 December 2022

A sample survey carried out by the Law Department of Melbourne University in 2014 found that the only sector of the construction industry where there was virtually no substantive incidence of amendmen…

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Pet Disputes: An animal is more than one animal

Strata

Posted 08 December 2022

The recent decision in Bruce v The Owners Strata Plan No. 98803 [2022] NSWCATCD 83 gave consideration to the restrictions on tenants keeping pets in strata schemes. The matter was brought by two ten…

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If you just stand by and watch the NCAT Proceedings – You can’t appeal later on

Strata, NCAT and Court Proceedings

Posted 08 February 2023

The Appeal Panel in the matter of The Owners – Strata Plan 2010 v Kahn [2022] NSWCATAP 9 considered an appeal regarding an order made an order to appoint a strata managing agent to exercise the fu…

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Claims by Owners for Damages caused by Water Ingress under S106(5)

Strata

Posted 27 November 2022

As a result of recent heavy rainfall, many lot owners have suffered significant water ingress/penetration issues and consequential water damage within their lots. These include, but are not limited to…

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Encroaching Walls – What can you do?

Strata, Easements

Posted 24 November 2022

The recent decision in Hickey v The Owners Strata Plan 78825 [2022] NSWLEC 135 gave consideration to the characterisation of the Encroaching and Adjacent Owner under the Encroachment of Buildings Act …

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Exempt Development Update

Strata

Posted 22 November 2022

Many in the strata industry will be surprised to discover that what they thought was exempt, is not exempt development. If planning approval is required for remedial works it’s important to obta…

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Passing on Unnecessary Costs Caused by Owners & Occupiers – How far can you go?

Strata

Posted 11 December 2023

Managing unnecessary costs or charges to strata schemes caused by owners and occupiers can be a major source of frustration for owners corporations and their strata managing agents. Such costs and cha…

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Is replacing an external Balustrade exempt development?

Strata, Renovations, Planning Approvals

Posted 17 November 2022

Replacing a balustrade might not be exempt development, why so? Individual buildings will need to obtain specialist advice to determine if these works are exempt development, but some of the reason…

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