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 […]
Is your Business Eligible for Rent Relief, and How Do You Make it Happen?
While many businesses are shut down entirely as a result of the response to Coronavirus (COVID-19), others are doing their best to make ends meet. Although the JobKeeper scheme recently introduced by the Australian government will assist with the largest expense that many businesses pay from month-to-month, the next most pressing concern for many Australian […]
The Claddostrophy – What Is the Combustible External Cladding crisis?
The Building Products (Safety) Act 2017 (BPA) was passed to regulate building products that are unsafe or could be deemed a safety risk. The catalyst for the BPA was the well-known Lacrosse fire in Melbourne in 2014, the Grenfell fire in London in June 2017 and most recent the Neo Apartments in Melbourne, which all […]
Important Changes to ‘Off the Plan’ Contracts and E-Conveyancing are Coming
Although not yet in force, as of 13 November 2018, there have been further changes to legislation on ‘off the plan’ contracts, primarily for the benefit of purchasers. Purchasing ‘off the plan’ essentially means purchasing property which does not exist at the time of the purchase, but which will exist at the time of settlement. […]
Adverse Possession – The Sleeping Giant
Adverse Possession – The Sleeping Giant You may recently have come across in the media the case of a developer called Bill Gertos, who successfully took possession and subsequent ownership of a property he entered, occupied, and ‘held out’ out to be his own. This is a timely reminder to landowners that even though you […]
Sunset Clauses in NSW
There has been a great deal of media attention in recent months about sunset clauses in property contracts. The stories usually involve a developer has relied on the ‘sunset clause’ in a contract to get out of the deal, resulting in a significant loss to the purchaser, who has wasted years locked into the contract […]
Property Acquired after Separation
It is not unusual for a couple who have separated to wait years or even decades before formally finalising their property division. It is important to note that there are only two ways to formalise a property settlement by agreement after separation: Consent Orders which are approved by the Family Court of Australia or a […]
Deposit Risks and Buying Off the Plan
Following the unprecedented housing boom in Sydney and Melbourne the affordability aspects of purchasing off the plan property has contributed to its popularity. Whilst purchasing off the plan sounds like a sound investment in theory, potential purchasers are quite often unaware, or do not understand the gravity of the risks involved! Whilst there are great […]
