Understanding the Initial Period of a Strata Scheme in NSW: A Comprehensive Guide for Developers and Owners Corporations
In the dynamic realm of property management, strata schemes have become an integral aspect of New South Wales’ (NSW) real estate landscape. These schemes, governed by regulations and obligations, play a pivotal role in defining the relationship between developers, Owners Corporations, and individual unit owners. One key element in this intricate web is the ‘initial […]
Compulsory Strata Management in NSW: a Comprehensive Guide
Strata properties are usually maintained by the owners corporation, who are obligated to do the maintenance and repair of any common property and personal property vested in it. With the rise in strata-titled properties in New South Wales (NSW), an increasing number of cases are coming forward where the owners corporation fails its duties to […]
Guide to the Statutory Duty of Care under Section 37 of the Design and Building Practitioners Act: Implications for Strata Property Owners and Building Practitioners in NSW
In the intricate landscape of property law, the Design and Building Practitioners Act 2020 (NSW) (DBP Act) stands as a pivotal piece of legislation, particularly Section 37. It introduces a statutory duty of care in section 37 of the DBP Act that directly affects construction professionals and property owners alike. For homeowners and strata corporations, […]
Can strata lot owners recover damages where owners corporation fails to repair and maintain common property in NSW?
In NSW, the owners corporation are statutorily obligated to maintain and keep all common property in a state of good and serviceable repair. Unfortunately, in many cases, the owners corporation are negligent in fulfilling this duty causing financial loss to lot owners and the owners corporation indirectly. NSW statute allows for strata lot owners to […]
Breaching Strata By-Laws: Comprehensive Guide to Strata By-Law Breaches
Navigating the world of strata living in New South Wales (NSW) can be tricky, especially when it comes to understanding its unique set of rules commonly known within the strata schemes – strata by-laws. In essence, strata by-laws are certain stipulations and guidelines that strata owners, residents, and stakeholders must adhere to ensure the smooth […]
Can I prevent the Builder from rectifying defective building work? the Right to Fix Construction Defects: Balancing Owner’s Rights and Builder’s Obligations
Construction defects can be a major concern for owners, requiring crucial decisions on whether to allow the original builder to rectify the issues. Understanding the legal principles and lessons derived from relevant court cases can help owners and builders navigate these disputes effectively. In this article, we will explore key lessons learned from two notable […]
Dealing with Mould Issues in Strata Properties: Responsibilities and Financial Compensation in NSW
Mould problems within buildings are increasingly prevalent in New South Wales, posing a significant and growing concern for lot owners. These issues not only jeopardise the structural integrity of properties but also have detrimental effects on the health and financial well-being of those affected. The rise in mould-related incidents in the last few years has […]
Resolving Strata Disputes: NCAT’s Power and Limitations Explained
In recent times, the powers bestowed upon the NSW Civil and Administrative Tribunal (NCAT) to settle strata disputes have been the subject of much debate. Specifically, the question arises as to whether NCAT has jurisdiction over all strata disputes or only certain ones. In this article, PBL Law Group aims to help both Owners Corporations, […]
Project Intervene in NSW: A Comprehensive Guide how Project Intervene Approaches Defect Resolution in NSW
In response to the prevalent issue of serious defects in residential apartment buildings, the NSW Building Commissioner launched “Project Intervene.” This innovative initiative aims to address defects in recently completed and occupied residential apartments in a timely and cost-effective manner, providing an alternative to lengthy and expensive litigation. In this article, we explore the background, […]
How Owners Corporations Can Sue for Building Defects in NSW: A Comprehensive Guide
The surge in high-rise buildings and multi-unit developments throughout New South Wales (NSW) in the past two decades has resulted in an increase of building defect disputes, creating significant challenges for Owners Corporations. In this comprehensive guide, we will shed light on how Owners Corporations can effectively manage and sue for building defects, by examining […]
