Strata Law | Watson & Watson Lawyers Sydney CBD

Beware – Exception to the Position that you always should have an Expert to assist in a Quantum Meruit claim – Builder’s Claim – Expert Required

11/10/2024

It is prudent and in almost all cases, critical that the appropriate Expert evidence in Quantity Surveying should be consulted for his or her Expert opinion. This will require the Lawyer to understand what is required including what evidence is required from the Expert. Also the Expert needs to know what evidence is required to establish a quantum meruit claim. Not all Lawyers or Experts know, what is the appropriate evidence to establish a quantum meruit claim.
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Owner Corporations – Limits/Conditions on Spending by Owners Corporation

06/09/2024

Watson & Watson have been advising Lot Owners and Strata Schemes for many years and are aware that many Owners Corporations and Lot Owners take their responsibilities seriously and as a result, the Strata Scheme is conducted in a professional manner to protect the Strata Building.
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Lot Owners within a Strata Scheme claims for Damages (sometimes substantial) as a result of Failure in particular by the Owners Corporation to maintain the Common Property – Ongoing Problems – Urgent Consideration Required

16/08/2024

Watson & Watson Lawyers for many years have advised and acted for Lot Owners and Owners Corporations in relation to most aspects that arise from Strata Schemes and Strata Living.
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Owners Corporation eventually agree to an Order by NCAT to undertake works to stop water ingress into Lot Owners’ commercial Lot

12/10/2023

We refer to various articles in relation to the Owners Corporation’s obligations to maintain the common property and the risk of the Owners Corporation being liable for damages and losses in the event that the Owners Corporation fails in its duty to maintain or repair common property.
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Lot Owners – Loss of Rent Claim – Owners Corporation Settles Claim

04/10/2023

The Owners Corporation’s failure to properly maintain and repair common property resulted in water ingress to the Lot Owner’s property and the Lot Owner could not lease out the property.
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Claims for losses and damage for a Lot Owner due to Owners Corporation’s failure to maintain or repair common property under Section 106(5) of the Strata Schemes Management Act 2015 (NSW) – Update Beware time limits apply

27/09/2023

Section 106(5) and (6) of the Strata Schemes Management Act - Watson & Watson have for many years been advising clients in relation to strata matters and in relation to building and construction matters.
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TIME FOR OWNERS CORPORATIONS TO REGISTER WITH “PROJECT INTERVENE” RESIDENTIAL APARTMENT BUILDINGS (COMPLIANCE AND ENFORCEMENT POWERS) ACT 2020 EXTENDED TO NOVEMBER 2023

06/07/2023

On 11 June 2023 the Minister for Better Regulation and Fair Trading announced that the deadline for Owners Corporations to register for Project Intervene will be extended from 30 June 2023 to November 2023.
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The Design and Building Practitioners Act 2020 – The Importance of Pleadings when making a Claim

15/06/2023

The Design and Building Practitioners Act 2020 (“DBPA”) is the New South Wales Government’s response to issues that arise in building and construction in particular, relating to high rise residential buildings subject to a Strata Scheme. The High Court of Australia in the case of Brookfield Multiplex Limited v Owners Corporation Strata Plan 61288 (2014) 254 CLR 185 (“Brookfield Case”), found in those proceedings, that Builders and Engineers did not owe a common law duty of care to subsequent Purchasers in relation to commercial property until DBPA in 2020. Similar restrictions applied in relation to high rise residential strata buildings.
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Strata Buildings with Residential Units (Lots) - Defective Building Works Expanded Rights and Obligations since 2020 – Design and Building Practitioners Act 2020

27/04/2023

Over decades there have been problems associated with issues arising such as defective residential strata units causing losses and distress to Owners. There is commentary within the Press relating to some high profile building issues which have caused great losses to individual home owners and associated parties. For many years the Government has tried to bring in laws to protect the consumers. Unfortunately the laws have not been able to effectively protect numerous Lot Owners and Owners Corporations from the problems associated with defective building works and costs of rectification. There are many successful strata buildings without such defective work which do not cause significant stress and losses to Owners.
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Lot Owners do not delay to bring claims for damages due to Owners Corporation’s Failure to Comply in particular its duty to maintain common property – Limitation Period Applies

13/04/2023

In our article 13 September 2022 we refer to the NCAT Appeal Decision in the case of “Tezel.”
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General Procedures and Requirements – Building and Construction Issues and Strata Issues

15/09/2022

Watson & Watson Lawyers have for many years acted for parties involved in building and construction industry and in relation to issues arising in connection with Strata Schemes. We have advised Principals, Home Owners, Builders, Subcontractors, Consultants, Designers, Certifiers, Lot Owners, Owners Corporations and Strata Managers in relation to such disputes.
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Owners Corporation Duty to Maintain and Repair Common Property – Lot Owners Entitlement to Claim Losses due to Owners Corporations Failure to Comply

13/09/2022

For many years Watson & Watson have acted for Owners Corporations and separately, Lot Owners in relation to issues arising in Strata buildings. One of the most common areas of dispute between the Owners Corporation and Lot Owners relates to the Owners Corporation’s obligation to properly maintain and repair the common property.
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An Apartment with no Access – What are the Solutions?

09/09/2022

Last year Watson & Watson Lawyers were approached by the Owner of an expensive apartment located in a small boutique complex of apartments. The apartments were below street level. On the top level there were two apartments, one being our client’s lot and the other lot owned by the neighbour. The two apartments are accessed by a bridge from the street to the apartments.
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No Right to Access Strata Apartment – How to Resolve

16/02/2022

There are many circumstances of Strata Lots being sold with particular legal issues that affect the Owner’s rights and obligations. We mention below two in which we recently advised the affected Owners.
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Strata Building not constructed in accordance with the Registered Strata Plan

07/02/2022

Recently we received instructions from the Owner of a Lot who had purchased a strata title home unit. The strata complex contained 32 separate residential Lots. There were 2 separate 4 level buildings with 4 units on each level. The configuration of the 4 units was the same on each level.
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Renovation of Strata Units by Owners – Obligations and Rights - Beware of liabilities – Obtain advice before Purchasing a Unit or seeking Approval for Renovations

14/09/2021

Watson & Watson have on many occasions, advised clients who acquired a Lot subject to a by law or seek to have renovations which are subject to a by law.
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Owner Succeeds on Claim for Damages as a Consequence of the Owners Corporation Failing to Properly Maintain Common Property

31/07/2021

Watson & Watson acted for the Lot Owner of a commercial Lot (shop) on the ground floor of a high rise building.
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Difficult Issue – Strata Complex - Work has been undertaken on the common property and there is no Registered By-Law. Who is responsible and what remedies are available?

20/04/2021

In a case of Davenport and Owners Strata Plan decided in 2018 by the Appeal Panel of the Civil and Administrative Tribunal of New South Wales (NCAT) considered issues that arose as to a balcony which formed part of the building located at the site at the time of the hearing. The balcony was only accessible to one of the lots.
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By-Law Banning Pets in Strata Building Invalidated by Order of Court of Appeal Supreme Court of New South Wales

13/01/2021

Many people live in buildings which are subject to Strata Schemes. Those buildings consist of varying sizes from a two Lot strata scheme to townhouses in a Strata Scheme and small and large apartment complexes. Various Owners own a Lot within the Strata Scheme. The Lot is defined by reference to the Strata Plan and the laws applying to Strata Schemes. All parts which are not part of the Lot are common property owned by the Owners Corporation. The Owners Corporation consist of all the Lot owners.
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Fraud on the Minority – Does it Apply to Strata and Owners Corporations? Can the exercise of power in accordance with the voting rights be challenged?

06/01/2021

For many years there have been strata laws which will allow buildings to be subdivided so that within the same building separate lots can be separately owned. A strata complex consists of various lots which are specified on a Strata Plan. There is also common property which is property which does not form part of any particular lot. There are many disputes in relation to what is common property and what other rights and obligations of each lot owner and also the Owners Corporation.
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Maintenance of and Upgrade of Residential Strata Building

18/03/2020

Watson & Watson were approached by the Owners of an apartment in a Harbour front Strata Apartment Complex consisting of six units. There is one unit on each floor and each unit faces the Harbour.
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Owners Corporation eventually withdraws Claim against Lot Owner relating to claimed unauthorised works by Lot Owner

05/03/2020

Often we receive enquiries from Lot Owners where it appears that the Owners Corporation are taking a very hard line against a particular Lot Owner which is inconsistent with the approach adopted by the Owners Corporation generally throughout the strata building.
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NSW Civil and Administrative Tribunal (NCAT) confirms our view it does not have jurisdiction for damages claims under s.106(5) of the Strata Schemes Management Act

10/02/2020

Our advice to clients last year to avoid commencing damages claims in the Tribunal for breach of duty by Owners Corporations has been shown to be wise, with a further Decision of the Appeal Panel on 15 January 2020, following on from the Decision in October 2019 that we reported in our article published earlier this month.
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“No pets” by-laws declared to be harsh, unconscionable and oppressive. Each case to be considered on the facts

04/02/2020

In a decision late last year, a Senior Member of the Tribunal made orders declaring a by-law harsh, unconscionable and oppressive, and ordering the Owners Corporation to remove it from the date of registration. The by-law excluded pets, and had its application to “Angus”, a 13-year-old miniature schnauzer that the Owners of a Lot had acquired as a pet nine years before they bought into the scheme.
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By-Laws – What rights do you have if the Owners Corporation makes a By-Law that you oppose or refuses to make a By-Law which you seek. Careful preparation of Motion for By-Law is required.

15/01/2020

Strata buildings are subject to the Strata Schemes Management Act 2015 (“SSM Act 2015”) and the Strata Schemes Development Act (“Development Act”).
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Beware of Time Limitations at the Civil and Administrative Tribunal (NCAT)

17/12/2019

The Civil and Administrative Tribunal (NCAT) is a Tribunal which deals with different types of applications, referred to it by various legislation. Cases which are brought before the Tribunal are subject to the provisions of the Civil and Administrative Tribunal Act 2013 (NCAT Act) and the Civil and Administrative Tribunal Rules 2014 (NCAT Rules). As with most claims that are heard, there are time limits in which you can bring a claim. There are many statutes which specify limitation periods.
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Strata – Interim Orders, Power and Obligations

18/11/2019

The general rule relating to disputes is that each party should be heard in relation to a dispute before any Orders are made. However where there is an urgent need for an Order against a person or entity in the absence of that person, a Court or Tribunal may have power to make such order.
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Appealing against the Decision of NCAT to NCAT Appeal Panel, District Court or Supreme Court.

04/09/2019

The NSW Civil and Administrative Tribunal (“NCAT”) has jurisdiction and functions as may be confirmed by the NSW Civil and Administrative Tribunal Act (the NCAT Act). The jurisdiction of NCAT is wide and varied. However one needs to find the authority for NCAT to deal with the matter in a particular Act.
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NCAT Orders of Adjudicators 2016 Changes

09/04/2019

In 2016 the legislation in relation to Strata Schemes changed. At that time the new strata statute in NSW came into force, which was the Strata Schemes Management Act, 2016.
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Strata Law – Mediation requirements in NSW

14/11/2018

In New South Wales the Strata Schemes Management Act 2015 (SSMA 2015) sets out the framework for resolving strata disputes. It provides that parties to disputes can lodge applications to the NSW Civil and Administrative Tribunal (NCAT) to resolve those disputes.
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Strata Law – Adjudicators v Tribunal Members – How Strata Disputes are dealt with in NCAT and time limits on Adjudicator’s decisions

07/11/2018

On 30 November 2016 the new strata schemes regime came into operation in New South Wales. This was set out in the Strata Schemes Management Act, 2015.
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Strata Law – Orders for Access to a Lot to carry out work

16/10/2018

Under the strata schemes legislation in New South Wales, the Owners Corporation can apply to the New South Wales Civil and Administrative Tribunal for Orders that a lot owner provides access so the Owners Corporation can carry out work.
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Strata Buildings – defective common property and claims against the developer

07/09/2018

It is often the case that developers build multi unit apartment blocks and then the purchasers discover that the building work is defective. The usual remedy that purchasers have to recover the cost of rectification of the defects is to sue the builder who carried out defective work.
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Changes to common property in Strata Schemes – Cosmetic Works, Minor Works

30/08/2018

The Strata Schemes Management Act 1996 was the NSW legislation which applied to Strata Schemes up until November 2015. That legislation under section 65A provided that if a lot owner wanted to add to or alter the common property, the lot owner could only do so if a Special Resolution had first been passed at a General Meeting of the Owners Corporation that authorised that work.
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By-laws Owners Renovations to lots do you give or accept indemnity?

15/08/2018

Often lot owners wish to change or renovate their units which generally involves some connection and changes to the common property.
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By laws – Rules for Management of Strata Scheme

10/08/2018

The Strata Schemes Management Act 2015 (SSM Act 2015) has come into force which includes Part 7 which relates to by-laws. In essence the by-laws set out the rules applicable to the owners of various lots and the Owners Corporation and others in a Strata Scheme.
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By laws – management of the Strata building – some difficult choices for example, flooring, internal renovations

09/08/2018

By-laws are fundamental to the operation, the rights and obligations of the Owners Corporation, lot owners, occupiers and others for the good management of the Strata building.
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By laws consequential affects should be considered – Will this increase disharmony

06/08/2018

Sometimes by-laws are proposed and/or passed due to a difficult situation that arises. They can sometimes be proposed and/or passed without careful consideration of the overall and collateral effect.
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Strata – Owners Corporation obligation to implement 10 year Capital Works Fund Plan

01/08/2018

The Strata Schemes Management Act 2015 (SSM Act 2015) has introduced a requirement that the Owners Corporation prepare and implement a plan of anticipated major expenses to be met from the Capital Works Fund for a period of 10 years.
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What happens when the term of the appointment of a Compulsory Manager is to expire? Matters to consider before the period expires

06/04/2018

We refer to our article 1 December 2015 relating to the appointment of a Compulsory Strata Manager to exercise the functions of the Owners Corporation such as when an Application is made to the New South Wales Civil and Administrative Tribunal (NCAT) by a lot owner(s) when the lot owner(s) is of the view that the Owners Corporation is not functioning properly.
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Lot Owners – Order to exclude a particular Lot Owner from Owners Corporation’s obligation to Pay

03/04/2018

Unfortunately there are thousands of cases involving Lot Owners in disputes with the Owners Corporation as to the obligations of the Owners Corporation. One of the areas of great dispute is the loss to Lot Owners due to the Owners Corporation’s failure to properly maintain the property.
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Contributions by Lot Owners to pay Owners Corporation Expenses – Levies based on Unit entitlement - Can Unit entitlements be varied?

27/03/2018

The Owners Corporation raises money to undertaken their obligations which include for example, the maintenance of the common property (namely all property other than the individual Lots).
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Your Remedy if the Owners Corporation fails in their obligations for example to maintain the common property

23/02/2018

The Strata Schemes Management Act 2015 (SSM Act 2015) has now come into effect and there are various cases dealing with the operation of that Act.
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Civil and Administrative Tribunal (NCAT) – Who pays the costs?

09/02/2018

One would have thought that the rules relating to costs would be simple. Unfortunately they are not. Each commentary that we have reviewed has dealt with costs without consideration of the whole of the provisions relating to costs. Assumptions have been made which do not always apply.
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New Strata laws collective sale or redevelopment of strata schemes – Owners options

08/01/2018

From December 2016 there has been a change to the strata laws since the introduction of the Strata Schemes Development Act 2015 (SSD Act). This Act refers to the obligations and processes that apply in relation to strata renewal process, by way of collective sale or redevelopment of the strata.
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Compulsory obligation to sell one’s home – new laws apply from 30 November 2016 collective sale or redevelopment of strata schemes

19/12/2017

From 30 November 2016 there has been a change in the strata law with the introduction of the Strata Schemes Development Act 2015. This act refers to the obligations and processes that apply in relation to strata renewal process, by way of collective sale or redevelopment of the strata.
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Recent Case NCAT - Owners Corporation Order to Pay $55,000 Loss of Rent to Lot Owner

19/09/2017

In a recent case decide by the NSW Civil and Administrative Tribunal (NCAT) in August 2017 NCAT ordered that the Owners Corporation pay the Lot Owner $55,943.24 due to the failure of the Owners Corporation to properly maintain the common property. This was essentially to cover loss of rent suffered by the Lot Owner.
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Lot Owners can Recover Losses as a Result of the Owners Corporation’s Failure to Maintain the Common Property

07/09/2017

Watson & Watson commercial litigation Solicitors, in particular in relation to building defects, building disputes and building issues are experienced and can provide you with cost efficient advice.
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Renovations causing damage to other lots and its consequences

17/08/2017

Every person who has purchased a unit which has been renovated will have an issue as to who is responsible for any losses, damages etc if something goes wrong with the building works.
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Can you obtain Security for your Costs if you are being sued by an Owners Corporation – Application for Security for Costs – Useful Court Application

12/07/2017

A recent Supreme Court case highlighted a difficulty for Owners Corporations which bring cases against Builders or other parties. The recent case of the Owners Corporation – Strata Plan 64415 v Serman decided that it was possible that a Defendant to a claim bought by an Owners Corporation may obtain in the appropriate circumstances, an order that the Owners Corporation provide security for costs as a precondition of the Owners Corporation proceeding with its case.
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Who can take action to Enforce By Laws

05/07/2017

Generally, the Owner’s Corporation enforces breaches of the by-laws by an individual lot owner in the strata scheme.
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Strata Law – new options for owners regarding pets

09/06/2017

The model rules on keeping of pets provide as a first option that it is possible for owners or occupiers of lots to keep animals so long as those owners or occupiers give written notice of their intention and they make sure the animal stays within the lot, is supervised on common property and the owner cleans up common property areas if required.
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Strata Law-new options for owners regarding smoking

06/06/2017

In late 2016, the NSW government introduced new laws regarding smoking. The laws allow a strata scheme to adopt new “model rules” covering these topics.
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Owners Corporation Obligation to Maintain Common Property

17/03/2017

Recent Amendments from December 2016 makes it easier for Lot Owners to recover losses due to failure by Owners Corporation.
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Strata Law – New rules – Redevelopment Strata Properties – Rights of Dissenting Lot Owners

21/02/2017

There have been very extensive changes to the Strata Laws as from 30 November 2016.
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Owners Corporation Ordered to Pay Pecuniary Penalty of $5,000

28/07/2016

In the decision of Thadani the Owners Corporation Strata Plan 46619 [2015] NSW CATCD 153 Senior Member Meadows ordered that the Respondent the Strata Owners Corporation pay a pecuniary penalty in the amount $5,000. The Owners Corporation had failed to comply with an Order made against it to correct a Building Defect to the common property causing damage to an individual lot.
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Compulsory Strata Managing Agents – Beware?

21/07/2016

The rules and legislation governing strata law provide that in some cases, a Lot Owner can request that a Compulsory Strata Manager be appointed to a Strata Scheme. In order to have such a manager appointed, one must make an application to the New South Wales Civil and Administrative Tribunal (“NCAT”).
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What to do when the Owners Corporation is not Functioning

14/07/2016

Often we at Watson & Watson experienced Strata Lawyers receive enquiries from Owners within a Strata Plan, the Owners Corporation or Strata Managers as to what can be done when the Owners Corporation is not functioning properly.
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Approvals for Work/Renovations in Strata Schemes

07/07/2016

Owners of Lots in Strata Schemes often want to carry out work on their unit or townhouse. This article concerns the approvals required to carry out the work.
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Company Title Units Different to Strata

21/12/2015

Strata laws were first introduced in New South Wales in the 1960s and now most units and townhouses or other community accommodation are Strata and are subject to the Strata Schemes Management Act 1996 as is amended from time to time.
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Obligation of Owners Corporations to Maintain Common Property

14/12/2015

Liability not limited to cost of repair Lot Owner may have claim for losses.
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The Owners Corporation is not functioning satisfactory

01/12/2015

Right to appoint Strata Manager in place of the Executive Committee and Owners Corporation - Section 162 Strata Schemes Management Act 1996.
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A letter dated 15 July 2015 from the Department of Fair Trading to Richard Watson

10/08/2015

Attached is a letter from the Department of Fair Trading to the Principal, Richard Watson seeking his views on the drafting of the Strata Schemes Development Bill 2015 and Strata Schemes Management Bill 2015 before they are introduced into the NSW Parliament. If you wish to make any Submissions in respect of these Bills, you should send your Submissons to policy@finance.nsw.gov.au by 12 August 2015.”
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Defective Building Works

01/11/2010

Watson & Watson strata lawyers can help the owners of strata lots and Owners Corporations and executive committees resolve disputes involving defective building works by the original developer or other building contractors including disputes with builders, subcontractors, consultants, architects and engineers where the building work is faulty either by way of faulty work or faulty material or inappropriate design and other related issues.
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Building Disputes - Strata

03/10/2010

Watson & Watson’s building and construction lawyers have many years of experience resolving building disputes, including those relating to work undertaken within a Strata Scheme.
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Regulations of the Owners Corporation

01/10/2010

When you buy strata title property you automatically become a member of the Owners Corporation (or the Body Corporate).
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Owners corporations seeking to recover legal costs

30/09/2010

“Some small light has been shed on the whether legal costs can be included in a suit by an owners corporation for strata dues.” “An owners corporation should include in any action for contributions an amount for costs…and should be ready ay any contested hearing to provide an estimate of its costs…”
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Strata Title Lawyers – Strata Title Properties

01/09/2010

Watson & Watson have lawyers experienced with strata titles and other multi ownership of property such as company titles with over 20 years experience handling strata matters, ranging from those that arise within residential strata schemes, commercial strata schemes and industrial strata schemes and company title ownership. Watson & Watson act for Owners Corporations, Strata Managers, strata title property owners, and developers of strata properties.
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Strata Lawyers

Watson & Watson’s strata lawyers have over 20 years experience handling strata matters within both residential strata schemes and commercial and industrial strata schemes.

Strata Legislation

Building Disputes

Defective Building Works

Owners Corporation Regulations