NEWS & RESOURCES
Strata Meeting Notices: Timing Is Key!
When recovering strata levies or defending an application by a lot owner in respect of the validity of a meeting, it is essential that you have good processes in place and can demonstrate that you have followed due process when sending meeting notices and levy...
What McArthur v SP 30924 Means for Owners Corporations – Part 2 Sufficiency of Repairs & Damage Under s106
In addition to consider what constitutes an emergency, the Tribunal in McArthur v The Owners – Strata Plan No. 30924 [2025] NSWCATCD 207 also provided an interesting discussion in relation to section 106 of the Strata Schemes Management Act 2015. Specifically, the...
What McArthur v SP 30924 Means for Owners Corporations – Part 1 Emergency Repairs in Strata
The decision in McArthur v The Owners – Strata Plan No. 30924 [2025] NSWCATCD 207 provides a useful reminder of the difficult balancing exercise owners corporations often face when responding to urgent repairs. The case dealt with the all too familiar scenario in...
Unreasonable Refusal Of A By-Law? NCAT’s Ability To Make A Common Property Rights By-Law May Have Been Expanded By The Appeal Panel
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...
Exclusive Use By-Law, Strata Plan of Subdivision, Licence or Lease – What Are the Options to Gain Use of the Common Property? – Part 2
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...
Exclusive Use By-Law, Strata Plan of Subdivision, Licence or Lease – What Are the Options to Gain Use of the Common Property? – Part 1
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...
What Happens If I Find A Common Property Defect When I’m Renovating My Lot?
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...
LSJ Article – What’s Changed? Sustainability In Strata Schemes
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...
Construction Work As Reason For Refusal Of Works By-Law
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...
Inaugural Gary Bugden Essay Prize
Student prize: A$1,000 | Junior Lawyer prize: A$2,000 Essay: any topic in the theory or practice of strata and community title law Maximum 3,000 words Deadline: 30 October 2026 Full details and online submission: acsl.net.au/gary-bugden-essay-prize
A Lesson In How Incorrectly Pleading Your NCAT Application May Tank Your Case
In McGregor v The Owners – Strata Plan No. 74896 [2021] NSWCATCD 1, Mr Scott McGregor and his partner, Bernadette Eichner (Applicants) sought an order under s 157 of the Strata Schemes Management Act 2015 (SSMA) to be allowed to keep their 12 year old miniature fox...
Article on 106(6) retrospective – John Goubran Associates v The Owners Strata Plan 57150 2026 NSWDC 9
The extension of time from a two year limit to claim damages under section 106(6) of the Strata Schemes Management Act 2015 (SSMA) to six years on 30 June 2025 do not have retrospective effect if the time limit had expired as at 1 July 2026. This was the District...
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