Latest Blog Posts
QLD: Are recovery costs a body corporate debt?
Frank Higginson, Hynes Legal This has been a question vexing the strata management industry for some time. Most owners pay their levies on time. Some don’t. It is without doubt that the levies and interest are recoverable from the non-paying owner concerned. What has been a source of conjecture (and some inconsistent judicial decisions over the past few years) has been the recoverability of the costs tha………. Read more…..
Body Corporate Awarded Costs in Levy Recovery Dispute
Jan Degn, SSKB SSKB, strata manager of the Body Corporate for The Wave, welcomes a Supreme Court ruling holding Westpac liable for outstanding levy recovery costs expected to be in the vicinity of $450,000. Last Friday, the Queensland Court of Appeal ended a lengthy legal battle between the Body Corporate for The Wave and banking giant Westpac. Westpac, in its position as mo……… Read more…..
Minding Your Own Business
Bailey Compton, Leverage Australia Solicitors Strata management is starting to undergo a massive change. It has been creeping along for some time, but it’s only in the last two weeks, that I’ve seen images of a new emerging trend. It is well known that we are an ageing population. It is also equally well known that people are living longer, and not just living for longer, being able to live better for longer. People now can exercise for longer, make love for longer a……… Read more…..
NSW: Timing is Everything – Count the days in an AGM or you won’t be Counting the Levies
David Bannerman, Bannermans Lawyers In a recent decision in The Owners – Strata Plan No 62022 v Sahade [2013] NSWSC 2002 the Supreme Court agreed with the Local Court that a levy was not validly raised because the meeting was invalid because the notice peri………. Read more…..
What does the Privacy Act mean for management rights?
Frank Higginson, Hynes Legal By now, most of you may know the Federal government’s Privacy Act 1988 (the Act) has been amended. It applies to basically every business in Australia. If you are caught by the amendments there are now 13 Privacy Principles which you must abide by. The amendments deal primarily wit………. Read more…..
NSW: Do I Need a By-Law to Renovate My Unit?
Michael Pobi, Pobi Lawyers FAQ: I want to renovate my unit and the owners corporation’s strata managing agent or executive committee has directed me to obtain a by-law. Do I need a by-law? The starting point is to understand the effect of By-law 5 of the model by-laws in Schedule 1 of the Strata Schemes Management Act 1996 (“the Ac………. Read more…..Follow LookUpStrata
