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In relation to strata disputes concerning building defects, it is important to know the difference between lot and common property to determine whether the lot owner or the Owners Corporation respectively is liable for rectifying such defects. Under the Strata Schemes Management Act 2015 (NSW) (SSMA), an Owners Corporation has a strict statutory duty to […]
The Strata Schemes Development Act 2015 (NSW) (‘the Development Act’) provides three principal avenues for altering or bringing an end to a strata scheme: a court-ordered variation following damage or destruction (ss 130-131), a court-ordered termination (s 136), and an administrative termination by the Registrar-General on the application of those holding registered interests (s 142). […]
Introduction It is probable that your strata scheme is ruled by a set of model by-laws. If that is the case, the by-law governing the appearances of the lot will contain a paragraph in terms similar to the following: the owner or occupier of a lot must not, without the prior written approval of the […]
Introduction Keeping pets in NSW strata properties can be complex due to changing strata laws and regulations. Around 69% of Australian households own a pet, and another 15% want to. Tenants are allowed to own pets in NSW strata properties, provided that the pet does not ‘unreasonably interfere’ with another tenant’s use and enjoyment of […]
Access to information is central to the effective operation of any strata scheme. Owners, prospective purchasers and other interested parties often require accurate information about a scheme’s financial position, governance and potential liabilities before making important decisions. The Strata Schemes Management Act 2015 (NSW) (‘Act’) provides mechanisms that facilitate this transparency, including the right to […]
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 […]
