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The podcast for strata property owners
I am very pleased to announce the launch of “Your Strata Property”: my podcast for property owners looking for reliable, accurate and bite-sized information about strata and community living. Episodes can be accessed here. Subscribe to the Your Strata Property mailing list to have new episodes delivered straight to your inbox.Read more
Tribunal Confirms its Jurisdiction to Award Damages for Breach of Statutory Duty
In an August 2017 decision, the NSW Civil and Administrative Tribunal has confirmed its jurisdiction to award damages for a breach of the Strata Schemes Management Act 2015 (NSW). Rosenthal v The Owners – SP 20211  NSWCATCD 80 (29 August 2017) concerned the duty that an owners corporation has under section 106(1) of the Strata […]
October 3rd, 2017
A nuisance for Owners Corporations: damages awarded to lot owner
In February this year, we reported on the case of McElwaine v The Owners- Strata Plan No 75975  NSWSC 1589. To remind you of the facts, lot owner McElwaine pursued his Owners Corporation in a common law claim of nuisance, after alleging that his lot was damaged by water penetration caused by defective waterproofing. McElwaine […]
October 2nd, 2017
NCAT confirms: appeals from adjudicator are to single Tribunal Member
There has been some confusion since the commencement of the Strata Schemes Management Act 2015: are appeals from an adjudicator’s order made under the old Act heard by a single Tribunal member (ie: an “external appeal”), or are they heard by the Tribunal’s Appeal Panel (ie: “an internal appeal”), on which sit three Tribunal members. […]
May 30th, 2017