The Kerin Benson Lawyers Guide to ACT Strata Law was launched on Friday at the National Portrait Gallery by Caroline Le Couteur, MLA and Gary Petherbridge. The Canberra Times has run an article on the book. Please click here to view the full article.
In the light of the current crisis around building cladding, the NSW Government is sending Notices of Intention to Issue an Order to buildings it suspects of having flammable wall cladding. Please see the typical letter being sent to owners corporations by the NSW Government enclosing the Notices of Intention to Issue an Order. The…
B & T Constructions (ACT) Pty Ltd (ACN 105 358 825) was a builder that was responsible for the construction of numerous residential apartment buildings in the ACT. On 18 May 2017, administrators were appointed to B & T Constructions (ACT) Pty Ltd and following this, on 20 July 2017, RSM Australia were appointed as liquidators of this…
On 2 August 2017, the ACT Civil and Administrative Tribunal (ACAT) handed down its decision In the Matter of Ruling Tribunal, section 31 of the Unit Titles (Management) Act 2011 (Civil Dispute) [2017] ACAT 56. This is a long awaited decision which indicates what expenses an owners corporations can recover after suing a lot owner…
The Australian Building Codes Board has added a new page to its website entitled “Non-Conforming Building Products”. This webpage is presumably a response to various concerns raised about the risks of using substandard products or materials (‘non-conforming’), or using products and materials incorrectly (‘non-complying’). The new webpage has general information on non-conforming building products (NCBP)…
Introduction A dispute over the airspace between two balconies in Queensland has provided the most comprehensive authority to date as to what is considered an ‘unreasonable refusal’ by owners corporations for the purposes of granting a common property right. The High Court decision in Ainsworth v Albrecht [2016] HCA 40 (Ainsworth) turned on the exercise…
Strata Community Australia recently released a Strata Data update. According to the update at 15 February 2017 there were 821,044 lots registered with the NSW Land and Property Information. To give a comparison in September 2016 the LPI recorded 808,376 lots in NSW. The data as at February 2017 for the number of strata schemes…
The owners corporation is responsible for recovering unpaid contributions levied against owners. The Strata Schemes Management Act 2015 (the Act) came into force after 30 November 2016 and introduced some important changes to the levy recovery process. Pursuant to section 86 of the Act the owners corporation must not commence legal proceedings to recover an…
The Strata Schemes Management Act 2015 (NSW) has brought about many changes. Among the changes is a significant change to how an Owners Corporation or a Strata Committee can obtain legal advice and take legal action. Previously, section 80D of the Strata Schemes Management Act 1996 meant that legal advice or legal action that may have…
On 20 August 2016, the Building and Construction Legislation Amendment Act 2016 (the Legislation) commenced operation. The Legislation is the culmination of several years of consideration by the ACT Government and amends the following laws: Building Act 2004; Building and Construction Industry (Security of Payment) Act 2009; Building (General) Regulation 2008; Construction Occupations (Licensing) Act…
Energy efficiency is a concern for many strata schemes that we talk to with several schemes recently upgrading their common property to capitalise on new technology and the ability to save money. This is becoming increasingly important with energy costs rising and councils signing up to carbon emission reduction programs. For instance the City of…
Chris Kerin has been asked to present at the 2016 Fire and Hazmat Convention in Melbourne this year and will also take part in the group panel discussion. See link below for more details: httpss://www.fpaa.com.au/events/fire-australia.aspx