Buying off the plan – part 3

Bianca BarryNovember 29th, 2015

In September I wrote about the risks of buying off the plan. Last month I reported on the case of Wang v Kaymet Corporation, in which a group of off the plan buyers was caught out by a sunset clause. This month, the Parliament of New South Wales passed the Conveyancing Amendment (Sunset Clauses) Bill 2015 to rid […]

Developer wins in “off the plan” case

Bianca BarryOctober 29th, 2015

Last month I wrote about the risks associated with buying strata units off the plan. One particular risk is that the developer may be entitled to rescind the contract and resell the unit once a certain date has passed. This date is known as the “sunset date”.   On 6 October 2015 judgment was handed […]

Developer caretaker agreements and fiduciary duties

Bianca BarryApril 22nd, 2015

The NSW Supreme Court continues to consider the many and vexing issues between Meriton Apartments Pty Limited and The Owners Strata Plan No. 72381, with the Supreme Court’s most recent decision delivered last month. This case involves a dispute between the developer of the World Tower building in the centre of Sydney and the owners corporation of […]

“Just claim on your contents insurance”

Amanda FarmerFebruary 16th, 2015

When a water leak emanating from common property damages a lot owner’s property, including furniture, managing agents will often advise lot owners to make a claim on their contents insurance. The explanation usually runs like this: “the building insurer won’t cover it because our policy doesn’t extend to lot owner’s property, so it’s up to […]

No need for unanimous approval under the govt’s proposed model for the sale and redevelopment of strata schemes

Amanda FarmerNovember 17th, 2013

As part of its comprehensive reform of strata title laws, the NSW government has proposed a process to facilitate the collective sale or redevelopment of a strata scheme.