This article about losses arising from a failure to maintain common property has been supplied by Bannermans Lawyers.The NCAT Appeal Panel has recently found that NCAT has unlimited jurisdiction when it comes to making an owners corporation pay compensation to a lot owner for reasonably foreseeable loss arising from a failure to maintain common property.In the case of … [Read more...]
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NSW: Facilitate Or Discriminate
This article about assisting those with special needs to access and use their lots and common property facilities has been supplied by Bannermans Lawyers.One of the greatest difficulties for strata schemes and their strata managing agents is balancing the parallel objectives of efficient cost effective administration and an inclusive harmonious environment. Those objectives … [Read more...]
NSW: What’s A Rock Anchor Between Neighbours Worth?
This article about NSW: What is a Rock Anchor Between Neighbours Worth? has been supplied by Bannermans Lawyers.Question: What is the definition of a rock anchor?Answer: An anchor inserted below the ground and used to stabilise earth, sand or rock adjacent to excavation work, and which may be safely de-stressed or removed upon completion of the works.GET THE LATEST … [Read more...]
NSW: Leaf Me Alone: Tree Disputes Between Neighbours
This article about trees disputes between neighbours has been supplied by Bannermans Lawyers.Trees are a frequent source of disputes between neighbours. They can provide privacy and enhance amenity, but they can also annoy neighbours and damage their property. This often leads to disputes, generally involving a person wanting a tree removed or pruned and the neighbour on … [Read more...]
NSW Strata Renewal: Tips For Oc’s – Finding A Way Through The Renewal Maze
This article about Strata Renewal in NSW has been supplied by Bannermans Lawyers.The level of interest in the strata renewal of existing strata schemes continues to increase despite a fall in property values in the Sydney market.This interest is either from lot owners working collaboratively together to find a buyer, where owners are achieving inflated prices for their … [Read more...]
NSW: How Do We Make Money From Visitor Spaces?
This article about making money from visitor spaces has been supplied by Bannermans Lawyers.Owners Corporations have a variety of options to generate revenue from their common property. A question which frequently arises is whether schemes can sell or lease their visitor car parking spaces on the common property to lot owners or third parties.However, it is important to … [Read more...]
NSW: Last Gasp For Smokers in Strata
This article about smoking laws has been supplied by Bannermans Lawyers.Smoking is one of the major sources of disputes in strata schemes. It can cause numerous problems for strata schemes, potentially undermining the amenity of the building, increasing common property repair and cleaning costs and causing fire hazards. It can even result in compensation orders being made … [Read more...]
NSW: Dealing with Hoarders – One Man’s Trash is Another Man’s Treasure
This article about dealing with hoarders has been supplied by Bannermans Lawyers.Question: Why don’t other lot owners like hoarders?Answer: Typical issues that arise from lot owners who are considered “hoarders” are bad odours emanating from their lot and also issues with cockroaches, rats and mice which arise as a result of the lot being full of the “possessions” of … [Read more...]
NSW: Challenging Unfair By-Laws – Recent Cases Give Some Guidance
This article about air conditioning issues has been supplied by Bannermans Lawyers.The commencement of the Strata Schemes Management Act 2015 (“SSMA”) on 30 November 2016 changed the rules concerning strata by-laws. In particular, Section 139(1) provides that a by-law must not be “harsh, unconscionable or oppressive” and Section 150 gives the NSW Civil & Administrative … [Read more...]
NSW: What’s a Crane Between Neighbours Worth?
This article about air conditioning issues has been supplied by Bannermans Lawyers.Question: Are developers required to seek consent from adjoining owners prior to operating cranes over your property?Answer: The land owner of a non-strata title building or the owners corporation of a strata title building will normally own the air-space that a crane would swing … [Read more...]
