Strata disputes in small schemes often arise not from major building defects, but from everyday decisions about maintenance and expenditure. A 2021 decision of the NSW Civil and Administrative Tribunal (NCAT), Taylor v The Owners Strata Plan No 53919 [2021] NSWCATCD 2, provides important guidance fo...

Strata disputes involving water damage are increasingly common in New South Wales, particularly as many strata schemes age and infrastructure deteriorates. Section 106 of the Strata Schemes Management Act 2015 (NSW) imposes a strict duty on the Owners Corporation (OC) to maintain and repair common p...

The main piece of legislation regarding the management of strata schemes is the Strata Schemes Management Act 2015 (NSW).  Time and time again, clients ask us about the rules for 2 lot strata schemes, and in particular, whether there needs to be an owners corporation and strata levies.

Because of t...

Proper procedure should be followed when changing by-laws within a strata scheme – this includes adding, modifying or repealing a by-law. But in some circumstances a resolution in relation to a by-law may still be effective even if the proper procedure was not followed.

The validity of a by-law was...

Section 162 of the Strata Schemes Management Act 1996 (NSW) provides that a Fair Trading Strata Schemes Adjudicator can order for the compulsory appointment of a strata managing agent to exercise all of the functions of an owners corporation, or only specified functions, as well as the functions of ...