Strata

Recent changes to the laws relating to how documents must be served and when they are taken to have been served, indicate that owners corporations and their strata committees and strata managing agents need to urgently review their records relating to current activity, to ensure that where notices are required, they have given sufficient notice.

 

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:

Most people may already know that an owners corporation has a strict duty to repair and maintain the common property of a strata scheme. But do they know that if the owners corporation fails to fulfil its strict duty of repair and maintenance that they have a right to claim damages (compensation) in the sum of tens of thousands of dollars for its breach of such statutory obligation?

This will depend on the circumstances.

 

On 1 July 2020, the Design and Building Practitioners - Particulars for Regulated Designs Order 2021 (Regulated Designs Order) came into effect. Under section 5(3) of the Design and Building Practitioner Act 2020 (NSW) (DBPA), the Minister may, by order published in the Gazette, specify particulars that are additional to those prescribed by the regulations for regulated designs or regulated designs belonging to a particular class.

A “fixture” refers to objects that are attached to the land in such a manner that they become part of the land. Once an object becomes a part of the property, it belongs to the property owner. But how does the concept of fixture and ownership play out in context of strata scheme buildings?

 

There have been many enquiries about 10-year sinking fund plans.

 

Legislation

Owners corporations, strata committees, lot owners, tenants and many other people rely heavily on the information and services provided by strata managers to make informed decisions in the management of their schemes.

 

Many strata managers, owners corporations and owners will now need to consider the wide ranging effect of the new Commonwealth standards which require the installation of disability access and became effective on 1 May, 2011.

We have recently seen a significant increase in the number of disputes concerning retaining walls, dividing fences and damage by trees from adjoining properties.

 

This area of law has undergone considerable legislative reform in recent years and there are many interesting aspects to consider, including:

On the 1 January 2012 provisions in the Work Health and Safe Regulation 2011 (“the WHSR”) commenced which includes requirements relating to identification of asbestos, creation of an asbestos register and creation of an asbestos management plan.