Strata

Owners Corporations withholding consent to the Lodgement of Development Applications

In order to obtain development consent conditions from a development application the Local Council needs the consent of the owner of the land.

 

If an owners application involves the common property the owners corporation’s consent to the lodgement of that development application is required to enable development consent conditions to issue.

 

Owners’ Views and Sunlight Obstructed by Hedges - What can you do?

It is common for owners or owners corporations to have disagreements about how to deal with a hedge on a neighbour’s property that is obstructing views (such as water views) or sunlight.

 

These issues are primarily addressed under the Tree (Disputes Between Neighbours) Act 2006 (NSW) (“TDA”), though there are circumstances where the TDA may not be applicable.

 

Need to Install or Replace Smoke Alarms? Who is Liable?

Issues

 

Proper management of smoke alarms within strata buildings, including initial installation and ongoing maintenance, is an important safety concern, generally taken seriously by all concerned. However, depending on the equipment used, costs can be significant and issues can arise as to who is responsible for those costs.

 

Pet Owners in Strata Celebrate! Court of Appeal Invalidates No Pets By-Law

Update on ‘No Pets’ by-laws in Strata – The Miniature Schnauzer that Roared

 

The issue of pets in strata schemes has always been a controversial and fiercely contested issue.

 

Pets are often viewed as a member of the family by some, or conversely, an unpleasant annoyance by others.

 

What's an Easement Worth Between Neighbours?

Question: What is the definition of an easement?

 

Answer:  An easement gives a right to cross or otherwise use someone else’s land for a specific purpose.

 

Taxation of Strata Schemes - What is TR2015/3?

The ATO has clarified its position regarding a number of income tax issues pertaining to bodies corporate constituted under strata title legislation, issuing taxation ruling TR 2015/3. TR 2015/3 replaces the earlier draft ruling TR 2015/D1. The ATO considered numerous submissions and comments in relation to the draft ruling and made a number of changes in the final ruling, but these in virtually all cases involved clarifications and reframing of examples.

 

Disposing of Goods Abandoned on Common Property - NEW LAWS

As from 1 July 2020, new laws apply to disposal of goods abandoned on common property and association property of strata schemes and community associations. New legislation came into force on that date, amending various acts and effectively transferring regulation of goods abandoned on strata common property from the Strata Schemes Management Act 2015 (“SSMA”) to the Uncollected Goods Act 1995 (“Act”) and extending this to community associations.

 

Bannermans COVID-19 Legal FAQ's: Strata Solutions & Tool Kit

The rapid changes to strata management under COVID-19 have left owners corporations and strata managers alike with many operational questions.

 

To assist you to navigate this challenging time, we have prepared some answers, solutions and tools to assist with FREQUENTLY ASKED QUESTIONS arising from Covid-19 in respect of the following areas:

 

Electronic Transactions Legislative Amendments

As of 22 April 2020, video conferencing technology can be used in the witnessing of important legal documents under amendments made to the Electronic Transactions Regulation 2017 (NSW) (Regulation) by the Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020 (NSW).

 

Recommended Electronic Strata Meeting Processes to reduce the Spread of Coronavirus

In light of the current issues surrounding Covid-19 and the need to minimise potential exposure, prudent managing agents and committees for owners corporations are investigating means by which they can comply with their obligations to hold meetings under the Strata Schemes Management Act 2015 safely and effectively.

 

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