by Cameron Shaw | May 4, 2018
If a by-law needs to be AMENDED it is necessary to look at s 141 of the Strata Schemes Management Act 2015(the Act) as it provides the procedure for changing by-laws. Simply, the owners corporation, through a special resolution, can alter by-laws as they wish. This...
by Cameron Shaw | May 4, 2018
Firstly, a caveat (form 08X) is a warning that informs the public that someone has a priority interest in a property, and the party that lodges the caveat is the caveator. Secondly, an individual must have a ‘caveatable interest’ to lodge a caveat. So, under what...
by Cameron Shaw | May 4, 2018
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 Orders have...
by Cameron Shaw | May 4, 2018
No. Passing a Special Resolution is framed in the legislation the other way around. That is, not as “75% in favour”, but as “not more than 25% against”. It’s a two stage process. First, the Special Resolution needs to “pass”, that is, a...
by Cameron Shaw | May 4, 2018
YES! Before buying a strata lot you should DEFINITELY request a strata report. Although the property owner has disclosed information about the lot itself as required in the contract, the contract doesn’t require disclosure of important information about the common...
