Strata

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:

Unauthorised Parking - What Can Owners Corporations Do?

Parking is a vexing question. Owners corporations and their strata managing agents have been struggling with it for years. They are not helped by uncertainties in the law, limited police and council powers, restrictive strata management laws and widespread misconceptions about what is permissible.

 

Mad about Magnesite?

What is Magnesite Flooring?

 

Magnesite flooring was commonly installed in Australia throughout the 1960’s and up until the early 1980’s. It involved the mixing of magnesium oxychloride cement with organic fillers, and was installed as a slab topping or as a self-levelling topping to prepare the slab for the installation of other type of floor coverings such as carpet or tiles.

 

Don’t be a Nuisance

What is "nuisance"?

 

Nuisance is defined by the Oxford Dictionary as: “a person or thing causing inconvenience or annoyance.”

 

In NSW, private nuisance laws are generally derived from case law (the common law), rather than statutes and legislation.

 

BY-LAWS: Referee won’t blow the Whistle?

A sporting game can become an ugly affair when the referee blows the whistle for every infringement, seems to be blowing it in favour of one team or fails to blow it all. It works the same way with enforcement of strata by-laws. A scheme can quickly become dysfunctional when the strata committee is over or under active or seems to be favouring one group of owners over another.

 

Out of Sight, Vermiculite!

What is Vermiculite?

 

Vermiculite is a naturally occurring mineral which is utilised in building products for its superior fireproofing and soundproofing properties.

 

Can I use that Document too? – Not without Copyright

One great way to incur a large debt is to reuse a commercial document without the consent of the copyright owner. We see this regularly and it rarely ends well.

 

New Short-Term Rental Accommodation Legislative Regime in NSW

On 9 April 2021, the NSW government announced a new statewide policy for Short-Term Rental Accommodation (STRA) including the Environmental Planning and Assessment Amendment (Short-term Rental Accommodation) Regulation 2021 and State Environmental Planning Policy Amendment (Short-term Rental Accommodation) 2021 which introduced a number of important reforms for the industry.

 

Control of Unauthorised Parking – Common Sense Prevails

Bannermans Lawyers’ clients recently achieved a great result in the NSW Civil & Administrative Tribunal (“Tribunal”), which we expect will bring to an end long standing parking problems.

 

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.

 

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