by AllisonBenson | Aug 10, 2026 | By-Laws, Case Review, Legal Alert, News & Publications, NSW, Recent News
A recent decision of the Appeal Panel of the NSW Civil and Administrative Tribunal (“NCAT”) indicates NCAT may have a wide power to order the making of a by-law different to that which the owners corporation rejected. The case dealt with when NCAT will make a common...
by AllisonBenson | Aug 3, 2026 | By-Laws, News & Publications, NSW, Rules
There are generally four ways for a lot owner to gain use of a common property space such as a parking space, courtyard or roof space. These are by way of: an exclusive use by-law, registering a strata plan of subdivision, entering into a licence of the common...
by AllisonBenson | Aug 3, 2026 | By-Laws, News & Publications, NSW, Rules
There are generally four ways for a lot owner to gain use of a common property space such as a parking space, courtyard or roof space. These are by way of: an exclusive use by-law, registering a strata plan of subdivision, entering into a licence of the common...
by AllisonBenson | Jul 27, 2026 | Building Defects, By-Laws, Case Review, News & Publications, NSW, Strata Disputes
This situation can, and does, happen. More often than you would think and the case The Owners – Strata Plan No 865 v Carroll [2026] NSWCATAP 58 provides some guidance for us. In that case, a common property rights by-law had been passed authorising the lot owner...
by AllisonBenson | Jun 30, 2026 | By-Laws, News & Publications, NSW, Recent News
In New South Wales, under the Strata Schemes Management Act 2015 (NSW), inconvenience caused during construction work may not, on its own, constitute a reasonable reason to refuse a lot owners proposed works by-law. The determination of whether a refusal is reasonable...
