Thoughts from a strata lawyer ...: Recent Episodes
Allison Benson
This is an audio of my blog at www.allisonbensonau.com with additional podcasts on strata law.
I am a strata lawyer who believes that to work in strata you must keep a sense of perspective (and a sense of humour). It helps when you have an office dog or two to assist you (Ollie Dogasaurus & Melvin, both red labradoodles).
I have experience in all facets of strata law and act on behalf of owners corporations and lot owners in respect of both strata and community title disputes and building and construction disputes.
This episode is also available as a blog post: http://allisonbensonau.com/2021/05/21/strata-managers-how-are-they-regulated/
This episode is also available as a blog post: http://allisonbensonau.com/2019/09/10/are-you-speaking-legalese-the-need-for-easily-understandable-by-laws/
This episode is also available as a blog post: http://allisonbensonau.com/2020/07/29/why-mediate-considerations-for-strata-and-community-title-disputes/
This episode is also available as a blog post: http://allisonbensonau.com/2021/11/30/using-strata-community-and-company-title-to-facilitate-collaborative-housing-in-nsw/
In this podcast I give you 6 tips to assist you manage conflict in your scheme. This episode is also available as a blog post: http://allisonbensonau.com/2020/09/30/dispute-resolution-6-tips-for-conflict-management/
In this episode we talk about what information must be made available to lot owners upon request for a formal inspection of the books and records of the scheme post the NCAT appeal in Walker. This episode is also available as a blog post: http://allisonbensonau.com/2020/10/30/who-knows-your-financial-information-privacy-as-part-of-an-owners-corporation/
Let's talk about some options if your by-law was refused by your owners corporation. This episode is also available as a blog post: http://allisonbensonau.com/2021/05/31/what-can-i-do-if-my-by-law-was-unreasonably-refused/
On 16 February 2021 the Strata Schemes Management Amendment (Sustainability Infrastructure) Bill 2021 was passed. It received assent and became the Strata Schemes Amendment (Sustainability Infrastructure) Act 2021 on 24 February 2021 which was also when provisions around sustainability infrastructure commenced. These provisions have now been inserted into the Strata Schemes Management Act 2015. But what is sustainability infrastructure? And what does it mean? This is the subject of this podcast..
This episode is also available as a blog post: http://allisonbensonau.com/2021/04/01/sustainability-infrastructure-what-is-it-how-has-installing-it-been-made-easier/
In this podcast we talk about Angus and the changes brought about by the Cooper decision of the NSW Court of Appeal and later legislative changes that make it easier for us to keep our animals in strata schemes.
This episode is also available as a blog post: http://allisonbensonau.com/2021/08/17/animals-in-strata-schemes-can-you-cant-you/
In this episode I discuss alternative means of dealing with bad behaviour. This episode is also available as a blog post: http://allisonbensonau.com/2021/10/25/managing-poor-behaviour-sometimes-its-not-just-a-strata-issue/
In this episode I discuss restrictions on strata committees. This episode is also available as a blog post: http://allisonbensonau.com/2021/09/17/restrictions-on-a-strata-committee-what-are-they/
In this episode I discuss some of the issues that need to be considered in relation to common area gardens in community and strata title schemes. This episode is also available as a blog post: http://allisonbensonau.com/2022/02/26/gardening-in-strata-community-schemes-some-thoughts/
By-laws in community schemes must now not be harsh, unconscionable or oppressive. How will this requirement be interpreted? Some thoughts. This episode is also available as a blog post: http://allisonbensonau.com/2022/01/17/community-schemes-by-laws-the-new-restriction-under-section-1301-of-the-community-lands-management-act-2021-nsw/
As of today, electronic meetings are authorized for strata title and community title schemes. This is regardless of whether your strata scheme has passed a motion permitting electronic meetings. The changes are to insert a new part 11 into the Strata Schemes Management Regulations 2016 and a new part 7 into the Community Lands Management Regulation 2018. Goods news for all of us in strata and community titles.
This is a comment on the new restrictions for visitors to places of residence in the Greater Sydney area.
I strongly encourage the downloading of the COVID SAFE posters from Health NSW and in particular printing them and placing them at the entrances to your buildings and any common property areas if they are a long way from an entrance. Let's all pull together and get Greater Sydney out of lockdown by doing the right thing and in that spirit let's leave the policing of the new public health orders to the Police who have powers to issue fines. Your owners corporation or association does not have this power.
This episode is also available as a blog post: http://allisonbensonau.com/2020/11/17/does-ncat-have-the-ability-to-award-damages-under-s106-the-court-of-appeal-decides-in-vickery-v-the-owners-strata-plan-no-80412-2020-nswca-284/
This is a quick recap on COVID provisions in the Strata Schemes Management Regulations and the Community Lands Management Regulations that are aimed at assisting owners corporations and associations hold meetings and sign documents in the COVID era.
On 12 May the Strata Schemes Management Amendment (COVID-19) Regulation 2021 was passed changing the previous regulation. In this new flash I provide the details relating to the holding of electronic meetings.
This episode is also available as a blog post: http://allisonbensonau.com/2021/02/04/prohibiting-short-term-letting-in-nsw-schemes-the-devil-is-in-the-details/
This episode is also available as a blog post: http://allisonbensonau.com/2021/04/30/time-limitations-in-damages-claims-for-failure-to-maintain-and-repair-the-common-property-an-update/