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Strata News & Information

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Editors picks not be missed this week:

News Story of the Week - Sydney landlord ordered to pay $11,000 to tenant because of chain-smoking neighbourSee details of the article, including a quick discussion about implications from Allison Benson, Kerin Benson Lawyers in the 'News of the Week' section below.

Young Strata Network Launch Event - Happening in Melbourne on the 26th Nov including Keynote Speaker – Darren Vincent – Local Operations, Airbnb. See our Events section below for more details.

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Sunset clauses

NSW Property Law Update: New laws governing sunset clauses

Bechara Shamieh, Ramy Qutami, Denis Hall, and Mark Yum,
Madison Marcus

Amid the growing concern over the rescinding of off-the-plan contracts to better protect purchasers against developers in a bullish economy, the Parliament on 17 November 2015 passed laws which govern and protect off-the-plan purchases in New South Wales.
Read More
SA Votes

SA: Q&A How do Strata Voting Rules Work via Email?

LookUpStrata & Tyson D'Sylva, Ace Body Corporate Management
Question: I am a member of a strata title and don't understand the strata voting rules relating to "voting on resolutions by email".

Read More

Balustrades and Strata Liability

Christopher Kerin, Kerin Benson Laywers
The safety of a strata scheme’s premises for owners, occupiers and visitors should be one of the primary concerns of an owners corporation. If an owner, occupier or visitor is killed or injured on common property, the owners corporation could be held liable and would need to raise significant levies to cover the costs of any uninsured amount.
Read More

The three most common strata problems and how they can be resolved

Stephen Raff, Ace Body Corporate Management
In my experience, there are three common strata issues from owners that rise above all else when living in a strata community: Pets, Parking and Noise!

Read More
concrete cancer

Concrete Cancer Epidemic – Don’t bury your head in the Sand

Tyrone Shandiman, Strata Insurance Specialist
Providing unit owners with insight into how concrete cancer is handled from an insurance perspective, including a warning to bodies corporate not to bury their heads in the sand.
Read More

Strata and Gas Meters

Catherine Lezer
How to read your gas meters: If you have gas in your apartment, it is good to know where your gas meter is located so you can check the reading against the bill.
Read More

Competition Funniest Entries: They're Not Pets and I Had a Dream!

More entertaining stories about apartment living! One about the funny - or not so funny - side of loft apartment renovations and the other about 'pets' in strata.

Read More
tax reform

NSW: Important Tax Update - New Draft Ruling for Strata Schemes

David Bannerman & Mark Pollinger, Bannermans Lawyers
The ATO has recently clarified its position regarding a number of income tax issues pertaining to bodies corporate constituted under strata title legislation, withdrawing Taxation Ruling IT 2505 and issuing a new draft ruling TR 2015/D1.

Read More

NSW: Is Your Building Adequately Insured?

Paul Mulligan, Find Our Home
Underinsured buildings: With the current property market, particularly in Sydney, it is worth investing in a current insurance valuation for your building.

Read More
xray vision

QLD: Q&A Changing Torrens Title to Strata Title

LookUpStrata, Hynes Legal and
Kelly Borell, Tower Body Corporate Administration

I'm after information on changing torrens title to strata title for a block of flats we own. How can we find out about the laws, costs, prerequisites etc.

Read More

News of the Week


Sydney landlord ordered to pay $11,000 to tenant because of chain-smoking neighbour

Michael Evans, SMH
A Sydney landlord has been ordered to pay more than $11,000 in compensation to a tenant whose flat was made unliveable by a chain-smoking elderly neighbour living in the flat below.

Note: This is a very interesting case! I had a discussion with Allison Benson, Kerin Benson Lawyers about this matter. With Allison's permission, I have published the discussion below:

LookUpStrata: Hi Allison, just a question about this case. I noticed the body corporate 'declined to intervene' and told the owner to take action against the neighbour. What would have occurred if Lynette Laming was a lot owner, rather than a tenant? Can the Landlord now seek action to recover his loss?

Allison: Good question. I am running a case in the Supreme Court alleging nuisance (water penetration causing mould). It is clearer as the common property facade is the issue. Smoking could cause a nuisance. There is an argument that the OC may permit / adopt a nuisance by refusing to enforce by-laws or by failing to maintain the common property (if smoke could come through the CP into a lot).

It will come down to the facts of the each case but this is going to be an interesting area. The decision in the current nuisance case I am running will be a starting point as there is little case law that is strata specific.




WA Strata Reform

Reforms will help provide more flexible and sustainable housing options to benefit developers, strata owners, investors, residents and tenants. They do not aim to change current strata owners' land titles and boundaries, but do aim to improve the way strata schemes work.  

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Thanks again for your support, Premium Strata!

The most read article from our last newsletter?

xray eyes

Should the Owners' Corporation develop X-ray eyes?

Michele Hemmings,
Exclusively Strata

Recently one of my strata groups had to spend ~$9000 to rectify damaged common property (mostly the inside of a townhouse) because a long term tenant was prepared to live around falling ceilings, mildew, mould, and rotting timber beams and not report it!

Read more

NOV 26:
Young Strata Network Launch Event (VIC)

Nov 27:

Dec 2:
(WA) Green Gurus – Sustainability in WA Housing Workshop

Dec 7:
SCA (WA): The Role of The Council

Dec 11:
SCA (VIC): VCAT Dos and Don’ts
Visit our Strata Events Page

Have Your Say

Plan Melbourne refresh discussion paper

The Victorian Government is undertaking a refresh of Plan Melbourne, and is seeking your input. Click through to read the discussion paper, and share your ideas for the future of Melbourne.

Submission will be accepted until 5.00pm AEST 18 December 2015.

Breaking News

For the most comprehensive stream of strata news in Australia - follow us on Twitter.

Investors forced to abandon purchases Smart Property Investment

NSW: North Parramatta heritage precinct rezoned to house 3000 apartments SMH

Sydney’s Most Desirable Suburbs For Urban Living Are Also The Most Dense The Urban Developer

Owners of crumbling apartment blocks may be stuck with them: report Domain


QLDThe biggest threat to schoolies: Managers and police to crackdown on new selfie craze Gold Coast Bulletin

Concerns over pool barrier compliance deadline QBCC

Gold Coast apartments selling like hotcakes Domain

ACTCanberra building industry facing shake-up ABC News


VICZero parking for South Yarra apartment fine, but not Brunswick, VCAT rules The Age

Strata office values surging in Melbourne's CBD SMH

Queensland Waters Down ‘Off the Plan’ Protection Laws - See more at:
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