Breaking the Glass Wall? When a Lobby is not a ‘Shared Facility’

Natalee VenegasFebruary 27th, 2017

In the recent decision of The Owners – Strata Plan No 72381 v The Owners – Strata Plan No 71067 [2016] NSWSC 1857 the Supreme Court of NSW had to look into a confusing strata management statement to decide whether the installation of a glass doorway within the lobby area of the World Tower building […]

The mullet that launched a thousand memes: is it defamation or fair game?

Bianca BarryOctober 29th, 2016

  You may be familiar with the viral image accompanying this article. Its subject, Ali Ziggi Mosslmani, brought proceedings against three major news organisations for publication of the image on 21 July 2015 in the Daily Telegraph (both online and in print), on DailyMail.com, on 961.com.au, on kiis1065.com.au, and on KIIS 1065’s Facebook page.   […]

Owners corporation ordered to pay $150,000 to injured lot owner

Bianca BarrySeptember 28th, 2016

In Allen v Strata Plan 54664 an owners corporation was ordered to pay over $150,000 in damages to Mrs Allen, an elderly lot owner who tripped over a rubber mat in a common property lift. The owners corporation had put in place a code of conduct which required certain rules to be followed when the […]

Failing to be clear is fatal in litigation

Amanda FarmerSeptember 30th, 2015

In APX Projects Pty Limited v The Owners Strata Plan No. 64025, a lot owner attempted to:- argue that a large payment made to settle debt recovery proceedings should have been allocated to sinking fund levies rather than outstanding legal fees; and bring an action against the treasurer, on behalf of the owners corporation. The owner failed […]

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 […]

Strata levy recovery: the requirement for expenses to be reasonable, but not proportionate

Amanda FarmerAugust 31st, 2015

The NSW Supreme Court has reminded us of the requirement for section 80 levy recovery expenses to be ‘reasonably incurred’ and ‘reasonable in amount’. If there is any doubt, costs will be referred for assessment. IIB Australia Pty Ltd v Owners Strata Plan 76024 (No 2) [2015] NSWSC 929 (16 July 2015) was an appeal […]

Recovering unpaid strata levies

Amanda FarmerApril 23rd, 2015

Due to popular demand, I have prepared this paper setting out my advice on the best practice to be applied when recovering unpaid strata levies, including my thoughts on the practice of recording ‘expenses’ on owner ledgers. Amanda Farmer strata debt recovery paper 22.04.15   The information contained in this article is not legal advice. […]

Court of Appeal finds strata schemes may restrospectively approve legal action

Amanda FarmerJanuary 21st, 2015

December 2014 saw two decisions of the NSW Court of Appeal confirm the effect of section 80D of the Strata Schemes Management Act. This is the section that requires legal action to be approved by the general meeting if the reasonably estimated costs of taking that action exceed the amounts stipulated in the Regulation (currently $1000 […]

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.

Executive committees (and lawyers) beware: section 80D of the Act

Amanda FarmerSeptember 25th, 2013

The Owners Strata Plan 70798 v Bakkante Constructions Pty Ltd is a case about the relationship between an executive committee and an owners corporation, specifically in the context of an owners corporation taking legal advice and commencing legal action. Section 80D of the Strata Schemes Management Act (“the Act”) imposes certain restraints on the executive committee’s conduct in these circumstances.