Question: One of our lot owners has experienced damage caused by tree roots from a neighbour. Who is responsible for the cost of the remedial works to the adjoining property, the strata neighbour or the strata body? Answer: What is within the lot owner’s boundary is the responsibility of that individual owner. However, it…
In the wake of the devastation of the London Fire, NSW Fair Trading is taking action concerning non-compliant aluminium cladding. Such action will include legal reform to give effect to: Having a specialist unit conduct an audit with a view to issuing orders against owners of buildings to remove non-compliant aluminium cladding materials. Requiring annual…
A LookUpstrata reader wanted to know how they can obtain a copy of a building defects report regarding building issues which is affecting their unit. The Owner’s Corporation does not want to release the report, and is not willing to cooperate. Leanne provided a response to this rather difficult question: If the reports are obtained…
We recommend this article by Bannermans Lawyers. It warns of the risks of accepting a builder’s quotation for remedial work without checking the terms and condition and the use of legal advice. These works are often very costly, and the marginal added cost (as a percentage of the total) of such advice are well worth it. It helps avoid…
The team at Kerin Benson Lawyers wrote an article on safety issues in strata titled buildings in Australia.They give 3 main reasons for why fire and life safety issues are still making headlines: 1.) The, what appears to be, endemic nature of building defects in buildings in Australia. “In a survey completed by the City Futures…
As part of its update of various strata laws, the NSW Government is proposing a 2 per cent defects bond on all new strata buildings, as a way to protect owners and to guarantee that building defects which might appear in the first two years, can be re-mediated. This new measure is expected to be…
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