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What is common property? As stipulated in section 4(1) of the Strata Schemes Development Act 2015 (NSW) (‘Development Act’), common property refers to the area of land and buildings in a strata scheme which is not included in any lot. The owners corporation legally owns the common property, but it holds it for the benefit […]
Introduction When buying into a strata scheme, lot owners must be aware that in some situations, including in an emergency, an Owners Corporation, can enter into lot property. In New South Wales, an Owners Corporation has legal authority to enter a lot pursuant to section 122 of the Strata Schemes Management Act 2015 (NSW) when: […]
Pursuant to section 106(1) of the Strata Schemes Management Act 2015 (NSW) (Management Act), the owners corporation have a duty to “properly maintain” common property and ensure it remains in a state of “good and serviceable repair”. The scope of this duty extends not only to rectifying damage caused by normal wear and tear but […]
By-laws are the key governance mechanism of strata schemes, regulating the conduct and behaviour of residents, owners and visitors to a strata complex. NSW by-laws are regulated by the Strata Schemes Management Act 2015 (NSW) (‘Management Act’) and the Strata Schemes Management Regulation 2016 (NSW), which provide guidelines as to the type of by-laws which […]
