by Cameron Shaw | Mar 23, 2015
No. A by-law is not effective or in force until it is registered on title at NSW Land and Property Information (“LPI”). The passing of the by-law allows it to be registered but until registration it has no force or effect (see Section 141 of the Act). A...
by Cameron Shaw | Mar 23, 2015
While the Strata Schemes Management Act 2015 (NSW) allows for the Registrar to dispense with the need for mediation if mediation is “unnecessary or inappropriate in the circumstances” (and it is not necessary in certain other situations, including where...
by Cameron Shaw | Mar 23, 2015
Most non-controversial decisions (if such things exist!) at General Meetings of an Owners Corporation are decided by a “show of hands”. That means that voting is determined by counting how many people vote for or against (or abstain) from a...
by Cameron Shaw | Mar 23, 2015
No. Passing a Special Resolution is framed in the legislation the other way around. That is, not as a 75% in favour, but as a not more than 25% against. It’s a two stage process. First, the Special Resolution needs to “pass”, that is, a majority must...
by Cameron Shaw | Mar 23, 2015
Simple ‘husband and wife’ (or partner) wills are ‘mirror’ wills (to be distinguished from ‘mutual wills’) where each testator: appoints their partner executor; leaves their entire estate to their partner; alternatively if their...
