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 […]

Are pets allowed in strata schemes?

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 […]

Understanding Your Rights to Inspect Strata Records in NSW

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 […]

Uses and alterations to common property by lot owners

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 […]

An owners corporation’s power to enter

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: […]

Does the owners corporation have a duty to repair and maintain common property?

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 […]