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 | Jul 12, 2026 | Legal Alert, News & Publications, NSW, Recent News
Sustainability has become a key issue for strata and community title schemes, reflecting changing social expectations and the environmental and economic drivers underpinning recent legislative reform and litigation. Legislative change has been incremental. This...
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...
