NSW: Q&A Enforcing By-laws by Issuing Notices to Comply

  Question: A lot owner with a dog causes nuisance to surrounding lots. What can the owners corporation do? Is there a legal way to handle this? We have a problem with a lot owner who owns a dog on our building. The dog is left for long periods unattended causing excessive barking, excrement is…

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NSW Q&A: Smoking Inside Your Apartment

Question: We live in a high rise apt block and a few years ago we voted against a no smoking building, but we are not allowed to smoke in all common areas. That is fair enough. I’m not a smoker. But living in the western suburbs with a reasonably large amount of tenanted apartments, most…

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NSW Q&A: Noisy Neighbour, Renovations and Construction Noise

Question: Is there a requirement to notify residents of the commencement date of noisy renovation/repairs to the apartments and common areas? Is there a requirement to notify residents/lot owners of the commencement date of noisy renovation/repairs to the apartments and common areas? Recently we had a neighbour jackhammering with less than a 12-hour notice, and…

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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 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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