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In Marks v Owners SP 30190 [2023] NSWCATAP 21, the Appeal Panel made a number of findings about the requirement of an owners corporation to repair, maintain, renew and replace the common property when resolving a dispute about resolutions for works and a special levy to pay for the work. Factual background The dispute […]
The decision handed down on 8 December 2025 in Nicholson v Woodrow & The Owners – Strata Plan No. 104042 [2025] NSWCATCD has shed further light on this restriction in relation to a by-law regulating short term rental accommodation arrangements. Facts Ms Angela Nicholson (“the Applicant”) was the owner of a lot in a […]
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 […]
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 […]
