A recent decision of the NSW Court of Appeal has found that the owners corporation of a leasehold strata scheme located in Manly, Sydney and owned by the Roman Catholic Church, had no right to make a claim against the builder or developer of its scheme for building defects.

Are owners corporations of leasehold strata schemes required to foot the bill for the costs to repair building defects?   Leasehold Strata Schemes and Building Defects

Do you need advice on building defects and/or leasehold strata schemes, speak to the experts?

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.

In a recent NSW Supreme Court case the builder brought an application to the Court seeking an order that the owners corporation provide security for costs to protect the costs of the builder in the litigation in the event the builder was successful and unable to recover his costs from the owners corporation.

So, did the court grant with the builder’s application? Owners Corporation Litigation Security for Costs

For NSW strata legal or levy collection advice contact us here or call 02 9562 1266, we’re happy to assist.

A common property rights by-law is a special type of by-law that confers on the owner of a lot special privileges over common property such as exclusive use of part of common property.

While a by-law normally can be made, amended or repealed by a special resolution passed by an owners corporation’s general meeting, a common property rights by-law can only be made, amended or repealed with the prior written consent of the owner of the lot benefited by that by-law.

However, there is one exception to the need to obtain that consent.

So, what is that one exception Common Property Rights By-law

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.

Is an owners corporation able to terminate the appointment of a caretaker with whom it is dissatisfied?

In some cases this is possible.

But in recent years, there have been several cases involving attempts by owners corporations to rid themselves of caretakers who they consider are underperforming and these attempts have been spectacularly unsuccessful.

In this article, we review one of those cases Strata Caretaker Agreements

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.

The strata legislation contains a number of requirements which must be met for any AGM.

These include requirements for the AGM agenda to contain certain motions and for the AGM notice to be accompanied by various documents.

So, what happens if these requirements are not met? Is the AGM invalid?

A recent decision of the Supreme Court provides helpful guidance on this issue – Supreme Court Strata AGM Guidance.

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.

In a recent case in which JS Mueller & Co Lawyers acted for the successful owners corporation, the Supreme Court took an interesting journey back in time to land dealings in the early days of the British penal colony in New South Wales, and clarified one aspect of cases where easements are sought pursuant to section 88K of the Conveyancing Act 1919.

Interestingly, the Supreme Court upheld the validity of easements over land created in 1839 and the validity of easements over the same piece of land ordered by the Supreme Court in 2003.

This highlights the difficulty a party will have in challenging property rights that have existed for almost 200 years.

So, what iconic Sydney buildings did this involve? Supreme Court Upholds Validity of Easements

For NSW levy collection or strata legal advice please contact us here or call 02 9562 1266, we’re happy to assist.

The Supreme Court recently ordered a lot owner who succeeded in litigation against an owners corporation to pay the owners corporation’s legal costs.

This is one of the first times a litigant has been punished by an adverse costs order for approaching the Supreme Court for relief which could have been given by NCAT.

We recently wrote about this case and the decision of the Supreme Court. The Court decided that an owners corporation of an apartment building in inner Sydney could not upgrade or build on common property in a way that would prevent a lot owner gaining access to, and egress from, a car space lot with a regular sized car.

So, what was the outcome after the Court handed down its judgment? Why did the Court decide that the lot owner should pay the litigation costs?

Read the full details here Supreme Court Orders Winner to Pay Legal Costs.

For NSW strata legal or levy collection advice contact us here or call 02 9562 1266, we’re happy to assist.

In a surprising move, the Supreme Court has just upheld a decision made at an informal executive committee meeting.

Click here to read the full article – Supreme Court Rules Executive Committee has Power

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.