The decision of Raynor v Murray [2019] NSWDC 189 which was decided in the District Court of the NSW in May has landed a resident in a strata building an order for $120,000 in damages, confirming the law of defamation can be applied to strata disputes.
If a matter is urgent and time sensitive, an applicant can seek urgent interim orders in the NSW Civil and Administrative Tribunal (the Tribunal). Key to any interim application is establishing urgency.
Typical scenarios
Typical scenarios where interim orders are appropriate:
The list of Sydney properties on the combustible cladding register has been made public and the results are shocking. 341 properties are on the register in Sydney alone and many of these are high profile, residential, retail and public buildings. Even more shocking is that no mandatory assessment regime has been imposed and that fire safety orders have been made in only 7 cases.
If you are intending to purchase a strata unit, you should obtain a strata inspection report before exchange or during the initial period. The report should provide you with important information that will assist in your decision to purchase the property.
A letter from Bannermans Lawyers to NSW Planning
Embedded networks are becoming more and more common in strata developments and more and more new lot owners are becoming aware too late what an expensive trap these can be.
Although these arrangements most commonly involve electricity, they can involve a wide range of other services, e.g. solar electricity or heating, gas, heating, air conditioning, potable water, hot water, chilled water for cooling, telephone, internet access, storm water and waste removal systems.
Is the owners corporation required to repair and maintain the common property?
Yes. Generally speaking, there is a strict obligation for the owners corporation to repair and maintain the common property under the Strata Schemes Management Act 2015.
The NSW Cladding Taskforce has already audited 185,000 buildings across NSW and has issued 33,000 safety letters to building owners and residents recommending certain actions. Out of 2,300 buildings inspected thus far, the Taskforce has identified 425 as high risk.
Following the Lacrosse Fire in Melbourne and the tragedy of the Grenfell fire in London, authorities in NSW have now taken action to start addressing the risks arising from flammable cladding.
Sale of strata apartments “off the plan”, i.e. before they are built, are common with new developments. In a rising market, purchasers are keen not to miss out or to lock in a price which they expect to be less than the value of the apartment when completed.
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