Can parking in your own car space be considered a nuisance?

In a recent decision of The Owners Strata Plan No 2245 v Veney [2020] NSWSC 134 (Veney Case), the Supreme Court of NSW was asked to consider: whether they could make a declaration implying an additional term into an exclusive use by-law, being a by-law which gave the relevant owner the exclusive use of a common property car…

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NSW: Q&A Smoke Drift From Neighbour Who Smokes Outside

Question: How do we handle the other duplex lot owners who smoke outside their lot. Smoke drifts over the dividing fence and into my aging father’s lot. We are looking for information about how to handle the other lot owners who smoke in the back yard of their duplex. The smoke drifts over the dividing…

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NSW: Q&A Can You Run a Business from Your Apartment Garage?

Question: A tenant is setting up a physiotherapy business in their garage. Could you please tell us what procedures are required for a resident to run a business from their apartment garage? One of the tenants in our building has decided to set up a business in her Unit’s garage. They are in the process…

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NSW: Q&A How To Deal With the Noisy Tenants In The Apartment Above

Question: I’d like the noisy tenants in the apartment above me to be aware of the disturbance they are creating and the lot owner to change the flooring and comply with sound proofing requirements. Is this achievable? The lot owner upstairs changed their flooring from carpet to timber floor without approval from strata. Since then,…

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NSW: Q&A How to Regulate Taxis on Common Property

Question: We get up to 4 taxis a day in the complex. The taxis blow their horn, park on common property and block the driveway. How can we control this? I own a townhouse in a complex. What can we do about taxis on common property areas like driveways? We get up to 4 taxis…

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Q&A: Noise from floor of unit above

  Question: I have a problem with the neighbours upstairs. I hear every footstep as their dining room is directly above me. They have parquetry flooring and no rugs or other floor coverings in their living areas. Visitors to my apartment agree the noise is unbearable. I do not have a good relationship with these…

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NSW: Q&A Water Dripping Over Balcony From the Neighbour Above

  Question: How can I stop my upstairs neighbour from washing down their outdoor area, sometimes with bleach, causing water dripping over my balcony? This disturbs the use of my property. What rights do I have to make them stop? Answer: Your neighbour may not use their lot in such a way that causes nuisance…

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NSW: Q&A Noisy Neighbour Replaced Carpet with Noisy Vinyl

  Question: A noisy neighbour has replaced carpet with vinyl boards. This renovation was done without owners corporation approval. The increased noise transference permitted through the new vinyl flooring is unacceptable to neighbours who have complained accordingly. Answer: The Owners Corporation would need to show their reasonableness in refusing the floorboards for the benefit of…

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Is a by-law prohibiting AirBnB accommodation lawful?

Is a by-law prohibiting AirBnB accommodation lawful? After some 3 years of community and industry consultation, last Tuesday, the NSW government announced its proposed new laws to empower Owners Corporations to ban AirBnB rentals and similar online short-term letting accommodation. Residents will remain unaffected by the proposed new laws. In other words, owners and tenants…

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NSW Q&A: What to do about noise complaints?

A LookUpStrata reader was told by her strata manager that the water pump on the other side of her bedroom wall was within the required limits. The Council inspector who came to measure the noise also confirmed that there was no case for them to take action. She wanted to know if there is anything else…

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How do new strata laws impact DIY renovators?

We covered this in an earlier article on the imminent strata law changes. however we thought this article was worthwhile sharing. In this article, Jimmy Thomson from the Flat Chat column in the Domain explains how DIY renovators need to be mindful that many activities will need prior approval by the strata committee before commencement of…

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Q&A: Neighbours cigarette butts – what can I do?

Leanne has provided a response to a reader’s question received by LookUpStrata. The reader has residents of higher apartments who overlook her balcony, dump waste and cigarettes butts over their balustrades, which end up in her outdoor area. Naturally, the reader wanted to understand what can be done. You can read the full question, and Leanne’s response…

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