This article about dealing with residential noise and construction noise in strata after the COVID-19 order has been supplied by Allison Benson, Kerin Benson Lawyers. With the coronavirus restrictions, many people are now either working from home or at home much more than previously. One side effect has been that the noise from nearby construction sites and the neighbours … [Read more...]
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NSW: Q&A Short Term Letting, Airbnb and Coronavirus
This Q&A about Coronavirus (COVID-19), Airbnb and short term letting in NSW strata schemes has been supplied by Allison Benson, Kerin Benson Lawyers. The information contained in this article is correct at time of publishing. Question: We have a lot owner who short term lets their unit on Airbnb. Most residents in the complex are elderly and we are concerned about … [Read more...]
NSW: Coronavirus (COVID-19) and NSW strata schemes
This article about Coronavirus (COVID-19) and NSW strata schemes has been supplied by Allison Benson, Kerin Benson Lawyers. We received a concerned call from a strata manager worried about the impact of COVID-19 in their building. The building contained a doctors office and pathology which will be used by people seeking referrals for testing and testing prompting the … [Read more...]
NSW: Defamation in Owners Corporations – When Communications Spiral Out of Control: An Update
This article about Defamation in Owners Corporations has been supplied by Allison Benson, Kerin Benson Lawyers. The issue of what conduct can constitute defamation has been a topic for the NSW Courts recently. GET NOTIFIED WHEN WE PUBLISH NEW Q&AS, NEWS AND ARTICLES TO THE SITE The case of Raynor v Murray [2019] NSWDC 189 in the District Court related to a claim for … [Read more...]
NSW: Claiming Consequential Damages Against an Owners Corporation: An Update Post Shih
This article about awarding damages to a lot owner for their losses incurred by the Owners Corporation’s breach of its duty - referencing the case Shih v The Owners – Strata Plan No. 87879 [2019] NSWCATAP 263 has been supplied by Allison Benson, Kerin Benson Lawyers. In a decision handed down yesterday, the Appeal Panel of the NSW Civil & Administrative Tribunal has held … [Read more...]
NSW: Works approval orders under the Strata Schemes Management Act 2015: How do they work in practice?
This article about works approval orders and how they work has been supplied by Allison Benson, Kerin Benson Lawyers. What do you do if you want to do work (or have done work) but you can’t get the approval of your owners corporation? Section 126 of the Strata Schemes Management Act 2015 enables a lot owner (or lessee in a leasehold scheme) to apply to the NSW Civil & … [Read more...]
NSW: Are you speaking legalese? – The need for easily understandable by-laws
This article about easily understandable bylaws has been supplied by Allison Benson, Kerin Benson Lawyers. For instructions to be followed, they need to be easy to understand. Likewise, we believe by-laws should use language and a structure which is immediately apparent and understandable, avoiding the use of legal jargon or overly complicated terms and phrases known as … [Read more...]
NSW: Commissions and Training Services | What does my Strata Manager have to disclose?
This article about the what your strata manager needs to disclose has been supplied by Allison Benson, Kerin Benson Lawyers. Section 60 of the Strata Schemes Management Act 2015 (NSW) places a responsibility on strata managing agents of strata schemes to report the following matters at annual general meetings: Whether any third-party commissions or training services … [Read more...]
NSW’s First Strata Renewal Decision Unpacked: Procedural Tips For Your Scheme
This article about NSW's first strata renewal decision and what it may mean for your scheme has been supplied by Allison Benson, Kerin Benson Lawyers. On 8 August 2019 the Land & Environment Court handed down the first decision in respect of giving effect to a collective sale under the strata renewal provisions of Part 10 of the Strata Schemes Development Act 2015 (the Act) … [Read more...]
NSW Building Defects: Flammable Cladding Crisis. An Update
This article about the building defects crisis and flammable cladding in NSW has been supplied by Allison Benson, Kerin Benson Lawyers. The flammable cladding crisis continues with the NSW state government claiming that the 444 buildings on its list of potential buildings with flammable cladding is privileged due to its security risk. It is claimed that making those … [Read more...]
