The importance of correctly serving levy notices
Georgia Kate MorganSeptember 26th, 2014
In this case the NSW Court of Appeal left undisturbed the Supreme Court’s earlier decision that a lot owner had been properly served with notice of levies and was therefore liable to pay. Before the Supreme Court, the lot owner, Mr Chua, claimed he never received the levy notice. The issue was whether or not Mr […]
Self-managed strata: when is it time to call in the experts?
Georgia Kate MorganAugust 27th, 2014
Many smaller strata schemes in NSW are “self-managed”: they do not employ a professional strata managing agent to run their scheme. Whilst many of these self-managed schemes run smoothly, often it is only when a new owner buys in or there is a dispute (sometimes arising because of a ‘personality clash’), that anyone realises just […]
Local council appointed to represent strata lot owners in legal proceedings
Georgia Kate MorganJuly 30th, 2014
A recent NSW Court of Appeal decision saw a local Council appointed to represent over 300 strata lot owners in legal proceedings.
Burwood Council brought proceedings against the developer and private certifiers of a large residential strata scheme in Burwood because the design and construction of the building was inconsistent with the development consents issued by Council.
“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 […]
Registration of swimming pools – update
Georgia Kate MorganApril 30th, 2014
In November last year we posted about the upcoming amendments to legislation with regard to all pools in NSW. (Just in case you didn’t see it, here is a link – http://lawyerschambers.com.au/register-your-swimming-pool-now/). The deadline to register all pools in NSW was 19 November 2013, though you can still register online at http://www.swimmingpoolregister.nsw.gov.au/. Prior to selling […]
Your role as an executor – simplified
Georgia Kate MorganApril 30th, 2014
It is common for those appointed as executors to deceased estates to feel stressed and overwhelmed with the role they are to play. Losing a loved one is hard enough, so we have prepared a breakdown of the general functions of an executor to help make it simpler for you if you find yourself in […]
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.
Doesn’t the strata manager do that? The consequences of delegating power
Georgia Kate MorganFebruary 13th, 2014
The short answer is: not necessarily. No lot owner, executive committee or owners corporation should assume that their strata manager will automatically carry out particular managerial tasks, merely because they are ‘the strata manager’. The duties and responsibilities of strata managers differ from one strata scheme to the next and depend on the functions which the owners corporation has delegated […]
When can an owners corporation commence legal action without the approval of the General Meeting?
Georgia Kate MorganDecember 18th, 2013
Section 80D of the Strata Schemes Management Act (“the Act”) requires an owners corporation to pass a resolution in general meeting before seeking legal advice or the provision of any other legal services, or initiating legal action for which any payment may be required. There is an exemption to this requirement in Regulation 15 of the Strata Schemes Management Regulation: section 80D does not apply if the reasonably estimated cost of seeking the legal advice, having the legal services provided or taking the legal action would not exceed (a) $1000 for each lot in the strata scheme; or (b) $12,500 in total – whichever is the lesser.
Register your swimming pool now!
Georgia Kate MorganNovember 15th, 2013
Did you know you need to register your swimming pool by 19 November 2013? The Swimming Pools Amendment Act 2012 was implemented on 29 October 2012, however different parts of it came into effect at different times. Below is a summary of the upcoming changes and deadlines for all owners, including strata property owners with […]
The court’s power to create easements over common property
Georgia Kate MorganOctober 22nd, 2013
The Supreme Court has granted a lot owner an easement over common property, permitting the lot owner to use a grease trap installed on common property without the consent of the Owners Corporation.