This article about change of ownership has been supplied by Bannermans Lawyers.Question: An owner of a lot in our complex passed away 2 months ago. A family member is now residing in the deceased owner's lot. What are the rules and timelines around the issue of notification and disclosure to the owners corporation?GET NOTIFIED WHEN WE PUBLISH NEW Q&As, NEWS AND ARTICLES … [Read more...]
About David Bannerman, Bannermans Lawyers
NSW: Owners Given New Retrospective Rights to Claim Money Defects
This article about owners given new retrospective rights to claim money defects has been supplied by Bannermans Lawyers.Reform FinallyAfter years of rising concern about declining standards of residential property construction and narrowing of options available to strata owners corporations and lot owners in defective buildings, the NSW Government has passed reform … [Read more...]
NSW: Disposing of Goods Abandoned on Common Property – New Laws
This article about the new laws surrounding disposing of goods abandoned on common property has been supplied by Bannermans Lawyers.GET NOTIFIED WHEN WE PUBLISH NEW Q&As, NEWS AND ARTICLES TO THE SITEAs from 1 July 2020, new laws apply to disposal of goods abandoned on common property and association property of strata schemes and community associations. New … [Read more...]
NSW: Renovations By-Laws – How Much Detail Do I Need To Include?
This article about the detail you need to include in renovation bylaws has been supplied by Bannermans Lawyers.Determining the level of detail to include in a renovations by-law can be a daunting experience. The following must be included:Adequately describe the works and the common property areaGET NOTIFIED WHEN WE PUBLISH NEW Q&As, NEWS AND ARTICLES TO THE … [Read more...]
NSW: COVID-19 Legal FAQs: Strata Solutions & Toolkit – Dispute Resolution
This article about dispute resolution during the COVID-19 pandemic has been supplied by Bannermans Lawyers.The restrictions on physical attendance have changed the way that litigation is commenced and progressed, however all of the courts and tribunals remain open and functioning. The below FAQs address common queries in relation to commencing and progressing litigation in … [Read more...]
NSW: Others Claiming or Using Your Land: Encroachments & Adverse possession Claims
This article about others claiming or using your land has been supplied by Bannermans Lawyers.With the increasing cost and reducing size of city residential properties, exactly what land is owned by you is becoming a far greater issue.If you are either an owner of land upon which an encroachment extends (adjacent owner) or are an owner of a property that encroaches upon … [Read more...]
NSW: COVID-19 Legal FAQs: Strata Solutions & Toolkit – Maintenance & Safety
This article about maintenance & safety during the COVID-19 pandemic has been supplied by Bannermans Lawyers.Owners Corporations still have strict obligations under the Strata Schemes Management Act 2015, particularly in relation to the repair and maintenance of common property. The following FAQs will assist owners in complying with their duties safely and … [Read more...]
NSW: COVID-19 Legal FAQs: Strata Solutions & Toolkit – Finances
This article about finances during the COVID-19 pandemic has been supplied by Bannermans Lawyers.Some FAQ’s on this post have been modified by the introduction of the Strata Schemes Management Amendment (Covid-19) Regulation 2020 and the Community Schemes Management Amendment (Covid-19) Regulation 2020 which came into effect on 5 June 2020.Covid-19 has contributed to … [Read more...]
NSW: COVID-19 Legal FAQs: Strata Solutions & Toolkit – Meetings and Processes
This article about conducting the affairs of the owners corporations during the coronavirus pandemic has been supplied by Bannermans Lawyers.Some FAQ’s on this post have been modified by the introduction of the Strata Schemes Management Amendment (Covid-19) Regulation 2020 and the Community Schemes Management Amendment (Covid-19) Regulation 2020 which came into effect on 5 … [Read more...]
NSW: Recommended Electronic Strata Meeting Processes to Reduce the Spread of Coronavirus
This article and Q&A about recommended electronic strata meeting processes to reduce the spread of coronavirus has been supplied by Bannermans Lawyers.Question: In readiness for our upcoming teleconference AGM, our strata manager has requested a proxy form from a Committee member to validly opening the meeting. We have not previously approved teleconferencing as a valid … [Read more...]
NSW: What’s Holding You Up? Neighbouring Excavations: The Right to Support
This article about neighbouring excavations has been supplied by Bannermans Lawyers.Sydney’s GeologyStarting 300 million years ago, a swamp forest started to subside, forming what we now know as the Sydney Basin. Then a river, 5 times bigger than the Amazon, with its origins south-west of Broken Hill, ground down a mountain range in Antarctica (which was then attached … [Read more...]
NSW: Preventing Pesky Parking = $ For the Owners Corporation
This article about parking bylaw breaches at strata properties has been supplied by Bannermans Lawyers.Pesky parking practices by owners and occupiers can be a nightmare for strata schemes. However, this source of stress can be translated into a source of revenue for a savvy owners corporation.It presents a perfect opportunity for an owners corporation to obtain a … [Read more...]
NSW: Update on ‘No Pets’ By-Laws in Strata – The Miniature Schnauzer That Roared
This updates on 'no pets' by-laws in NSW strata has been supplied by Bannermans Lawyers.Update on ‘No Pets’ by-laws in Strata – The Miniature Schnauzer that Roared The issue of pets in strata schemes has always been a controversial and fiercely contested issue. Pets are often viewed as a member of the family by some, or conversely, an unpleasant annoyance by … [Read more...]
NSW: How Far Can 5% Ratchet Increases in Management Agreements Go?
This article about 5% ratchet increases in management agreements has been supplied by Bannermans Lawyers.The majority of strata schemes across the country have builder managers, caretakers and strata managers in place to assist the owners corporation in managing and maintaining common property. Under legislation, these management companies are required to be appointed by a … [Read more...]
NSW First Cladding Decision
This article about NSW's first cladding decision has been supplied by Bannermans Lawyers.NSW’s First Cladding DecisionThe recent Tribunal decision in SP92888 v Taylor Construction Group and Frasers Putney [2019] NSWCAT has held that combustible external cladding installed on residential buildings is a major defect for the purposes of statutory warranties under the Home … [Read more...]
Disputes Involving Residents Outside NSW: Does NCAT Have Jurisdiction
This article about whether NCAT has jurisdiction for interstate disputes has been supplied by Bannermans Lawyers.A recent High Court case, Burns v Corbett [2018] HCA 15, has cast doubt on the scope of the jurisdiction of the NSW Civil and Administrative Tribunal (“NCAT”) and other tribunals to hear disputes between residents of different states. This is potentially a … [Read more...]
NSW: Stuck With An Embedded Network? Looking For A Way Out?
This article discussing embedded networks has been supplied by David Bannerman, Bannermans Lawyers.Embedded networks are becoming more and more common in strata developments and more and more new lot owners are becoming aware too late what an expensive trap these can be.Although these arrangements most commonly involve electricity, they can involve a wide range of other … [Read more...]
NSW: “Off the Plan” Purchase Regrets + Top 5 Potential Solutions
This article discussing "Off the Plan" Purchase Regrets has been supplied by David Bannerman, Bannermans Lawyers.Sale of strata apartments “off the plan”, i.e. before they are built, are common with new developments. In a rising market, purchasers are keen not to miss out or to lock in a price which they expect to be less than the value of the apartment when … [Read more...]
NSW: My Unit Has Been Leaking for Years And The Owners Corporation Is Doing Nothing – What Can I Do?
This article discussing repairs and maintenance of the common property has been supplied by David Bannerman, Bannermans LawyersIs the owners corporation required to repair and maintain the common property?Yes. Generally speaking, there is a strict obligation for the owners corporation to repair and maintain the common property under the Strata Schemes Management Act … [Read more...]
NSW: The Unintentional Impact Of The NSW Government’s Strata Renewal Reform On Lower-Income Earners
This article about The Unintentional Impact Of The NSW Government's Strata Renewal Reform On Lower-Income Earners has been supplied by Bannermans Lawyers.With the commencement of Part 10 of the Strata Schemes Development Act 2015 on 30 November 2016, the NSW Government introduced a reform which is aimed to deal ‘proactively with the issue of ageing strata schemes and … [Read more...]
