This article discussing NCAT changes to strata applications has been provided by Adrian Mueller, JS Mueller & Co.HOT OFF THE PRESS!NCAT has recently released new application forms for strata disputes.GET NOTIFIED WHEN WE PUBLISH NEW Q&AS, NEWS AND ARTICLES TO THE SITE The new forms introduce some changes to the way NCAT will handle strata applications. The … [Read more...]
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NSW: Replacing Items of Common Property Just Got Much Harder
This article discussing replacing common property items in NSW has been provided by Adrian Mueller, JS Mueller & Co.The NSW Supreme Court has recently handed down a decision that will have a considerable impact on the practice of strata managers across the State. The Court’s decision answers the following often asked questions:What type of resolution does an owners … [Read more...]
NSW: You’re on Your Own: Leasehold Owners Corporations Given No Right To Make Building Defect Claims
This article discussing NSW Leasehold Owners Corporation's claims on the cost to repair building defects has been provided by Adrian Mueller, JS Mueller & Co.A recent decision of the NSW Court of Appeal has found that the owners corporation of a leasehold strata scheme had no right to make a claim against the builder or developer of its scheme for building defects. This … [Read more...]
NSW: NCAT Approves Security Fob By-Law
This article discussing NCAT's approval of a security fob by-Law has been provided by Adrian Mueller, JS Mueller & Co.In a recent decision, NCAT upheld a security fob by-law made by an owners corporation. This is a good decision as it demonstrates that appropriately worded security fob and access key by-laws can be made by owners corporations. Introduction Many strata … [Read more...]
NSW: 5 Most Useful By-laws: 5. Repairs By-Law
This factsheet for number 5 of the Top 5 Useful Bylaws: Repairs By-law has been provided by Adrian Mueller, JS Mueller & Co. Check out the other 4 Bylaws here: NSW Five Most Useful By-laws. Transferring Responsibility for Repairs – Why?Owners corporation must repair all common property unless:Special resolution is passed not to repair specific item of property; … [Read more...]
NSW: 5 Most Useful By-laws: 4. Proxy By-Law
This factsheet for number 4 of the Top 5 Useful Bylaws: Proxy By-law has been provided by Adrian Mueller, JS Mueller & Co. Check out the other 4 Bylaws here: NSW Five Most Useful By-laws.Proxies By-Law – Why is it Needed?Anti-proxy farming laws (cl. 26(7), Sch 1) The total number of proxies that may be held by a person is:if the strata scheme has 20 lots … [Read more...]
NSW: 5 Most Useful By-laws: 3. Parking By-Law
This factsheet for number 3 of the Top 5 Useful Bylaws: Parking By-law has been provided by Adrian Mueller, JS Mueller & Co. Check out the other 4 Bylaws here: NSW Five Most Useful By-laws. Parking Notice By-Law – What Does it Do?Contains rules for parking:No parking on common propertyOwners responsible for tenants’ parkingInvitees to only park in … [Read more...]
NSW: Owners Get to Keep Balcony
This article discussing who is responsible for fixing a balcony has been provided by Adrian Mueller, JS Mueller & Co.Who is responsible for fixing a balcony on common property that has fallen into disrepair but was constructed without the approval of the owner's corporation? The answer may surprise you. Introduction It is not uncommon for owners to build structures on … [Read more...]
NSW: Give Me Back My Hot Shower!
This article discussing authority to disconnect of hot water supply to common property has been provided by Adrian Mueller, JS Mueller & Co.Can the chairperson of an owners corporation disconnect the hot water supply to common property showers in a swimming pool area without the authority of his owners corporation? A recent NCAT case grappled with this interesting … [Read more...]
NSW: 5 Most Useful By-laws: 2. Master Renovations By-law
This factsheet for number 2 of the Top 5 Useful Bylaws: Master Renovations By-law has been provided by Adrian Mueller, JS Mueller & Co. Check out the other 4 Bylaws here: NSW Five Most Useful By-laws.Master Renovations By-law – Why?The Act divides renovations into three categories (ss. 108-110):Cosmetic work Minor renovations Major renovations … [Read more...]
