NCAT: You Can’t Talk Your Way Out of By-laws

Ellen WoffendenOctober 26th, 2017

A recent decision from the NSW Civil and Administrative Appeal Panel has emphasised the importance of having a basic understanding of how the law impacts your strata scheme. Eadie v Harvey [2017] NSWCATAP 201 (18 October 2017) concerned a two lot strata scheme and the use of a driveway which was partly common property, partly the property […]

How to enforce by-laws under the new strata law

Bianca BarryMarch 30th, 2017

The by-laws of a strata scheme are binding upon lot owners and occupiers alike (see section 135 of the Strata Schemes Management Act 2015 (“Act”)). If a lot owner or occupier breaches one or more of a strata scheme’s by-laws, the owners corporation has the ability to take steps to enforce those by-laws.   In […]

Smoking in Strata – NSW Strata Law Reforms

Savina YangSeptember 28th, 2016

In November 2015 we discussed a case where a landlord was ordered to pay $11,000 in compensation to his tenant when the unit was declared unsuitable for habitation due to the smoke that had drifted in to the unit from a chain-smoker downstairs. At the time when this case was determined by the NSW Civil […]

Renovation Works – NSW Strata Law Reforms

Savina YangAugust 30th, 2016

The new Strata Schemes Management Act 2015 (NSW) (“Act”) and the Strata Schemes Management Regulation 2016 (NSW) (“Regulation”) will commence on Wednesday, 30 November 2016. The new law has introduced a more simplified approval process for lot owners who want to carry out certain renovation works at their lots. In today’s article, we will explore the […]

The difficulty of repealing an exclusive use by-law

Savina YangFebruary 28th, 2016

In order for an owners corporation to repeal an exclusive use by-law that confers on the owner of a lot, or the owners of several lots, certain rights or privileges to use a part of the common property, section 52 of the Strata Schemes Management Act 1996 (“SSMA”) requires the written consent of the owner(s) […]

Short term letting in strata

Amanda FarmerNovember 29th, 2015

Last week, I was invited by strata management company Dynamic Property Services to sit on a panel, together with other strata ‘experts’, and answer a range of questions asked by strata owners. One of those questions was: what to do about short term letting in strata? Below I share with you my personal notes made […]

When the law is on your side

Savina YangSeptember 30th, 2015

In a previous article we set out the various options available to an owners corporation to enforce its by-laws. Recently, we acted in a matter where the Owners Corporation successfully undertook enforcement action against a lot owner who was in breach of a flooring by-law. The lot owner had installed hard flooring without the Owners Corporation’s […]

Resolving not to repair and maintain common property? Don’t forget the exclusive use by-law

Amanda FarmerMay 27th, 2015

In Owners Corporation SP 32033; Patrick and Valerie Mullins [2015] NSWCATCD 23 (27 February 2015) the NSW Civil and Administrative Tribunal upheld an Adjudicator’s order declaring a special by-law invalid. The by-law in question recorded a resolution by the Owners Corporation not to maintain external common property windows. The by-law purported to place the obligation […]

What makes an exclusive use by-law invalid?

Savina YangSeptember 26th, 2014

What are exclusive use by-laws? Sometimes an owners corporation will grant an owner of a lot the right to exclusively occupy part of the common property (for example, a car parking space or storage area) or give an owner a right to do a particular thing which impacts upon the common property (for instance, install […]

“I need approval? But I’ve already done the work!”

Georgia Kate MorganJune 26th, 2014

Do you own a strata unit and have you just completed renovation works only to be told later by a neighbour or strata manager that you should have had the work approved before you started? Don’t worry – it may not be too late. With the support of the owners corporation, it is possible to […]

Why do I need a by-law for my renovations?

Georgia Kate MorganMay 1st, 2014

Open plan living: the modern choice. So you purchase your 1960s vintage strata unit thinking “I’ll just knock out this wall between the kitchen and the lounge room. Voila.” It then occurs to you: “This wall just might be structural”. You get an engineer out to have a look. Sure enough, it is. But there’s […]

Can I have a pet? Please? Keeping an animal in strata – Part 1

Savina YangApril 30th, 2014

When I was a kid, my Christmas wish-list every year included a puppy. But all I remember was receiving different pairs of I-swear-they-are-fashionable-funky-socks and some you-will-grow-into-them-sweaters from my parents. I must admit, Santa and I were not on the best of terms for a long time. But eventually, I realised the real obstacle standing between […]

But what now? Options available to enforce by-laws

Georgia Kate MorganMarch 20th, 2014

Unfortunately many of us have to deal with lot owners or residents who simply will not comply with the building’s by-laws. The breaches can range from parking in the wrong place to making excessive noise or causing damage to common property. It is not only very frustrating to owners and residents, but can also be dangerous.

Continuing breaches of by-laws are not something that owners should just have to ‘put up with’, so it is important to understand the options available to ensure compliance and, if necessary, take steps to enforce the by-laws.