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

  Question: If a strata block of units is zoned residential, can someone operate a manufacturing business from a unit? The person with the manufacturing business does not live in the building but owns the lot. It is like listening to someone urinating into a toilet bowl 24/7. Strata management is unable to offer any…

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NSW: Q&A Which ByLaws Apply to Our Strata Scheme?

  Question: I believe one of our bylaw is harsh, unconscionable or unreasonable. As a lot owner, should I apply to NCAT for the Tribunal to decide or should concerns first be raised to the Strata Committee or at a General Meeting? Answer: The procedure is to make an application for an Order declaring the…

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NSW: Q&A Special Levies, Levy Payments and Overdue Levies

Question: How can I stop the never-ending nightmare of raising special strata levies? We purchased a unit in April 2018 with special levies meant to finish in June 2020. The strata have continued to raise special levies and the quote agreed on in 2016 (apparently) has more than doubled. I want this money back. I…

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Latest Strata Developments for New South Wales

  The Strata Schemes Management Amendment (Sustainability Infrastructure) Act, 2021 No 1 (NSW) (the “Amendment Act”) has introduced important amendments to the Strata Schemes Management Act, 2015 (NSW)(the “Act”). Keeping of animals You may have seen the media coverage of the landmark NSW Court of Appeal decision in Cooper v The Owners – Strata Plan No. 58068 [2020] NSWCA 250 (“Cooper”) which…

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NSW: Q&A Owners Corporation Committee Decisions

Question: How do we force a decision in a 4 unit, self-managed complex? There are always 2 for and 2 against. Strata is a democracy and it comes back down to a vote. Generally a four lot scheme can create more work than a 400 lot scheme because of that one reason where you just…

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NSW: Q&A The Right to Access Your Strata Lot

  Question: My allocated parking spot has a tree in front if it which makes accessing the spot especially challenging. What can I do? I am currently renting a strata unit with an allocated parking spot. My allocated parking spot has a tree in front if it which makes entering and exiting the spot especially…

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Finalised Framework for Short-Term Rental Accommodation

  Following extensive consultation with the community and holiday-letting industry, the Short-Term Rental Accommodation (STRA) framework has been finalised. The new regulatory framework seeks to ensure local communities continue to enjoy the economic benefits of STRA, while managing potential adverse impacts. Importantly, the new STRA policy includes a deferred commencement clause and consultation is ongoing…

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NSW: Q&A Issuing and Enforcing a Notices to Comply with a By Law

  Question: Should legal representation be obtained by an Owners Corporation before applying to NCAT for a hearing for failure to comply with by-laws? Should legal representation be obtained by an Owners Corporation before applying to NCAT for a hearing for failure to comply with by-laws? At an NCAT hearing regarding continued failure to comply…

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