Strata Archives - Vincent Young

Building Development Insolvency Property Strata

26 July, 2024

Ways to “end” a strata scheme

Mascot Towers case study on termination of strata scheme and collective sale Introduction Once a strata scheme is created on registration of the strata plan, an owners corporation will only be able to “end” the strata scheme in limited circumstances. The Mascot Towers is a “cautionary tale” of what owners…

Victoria Caldwell

Commercial Construction Development Insolvency Property Strata

10 July, 2024

Liquidators Should Be Aware Of Strata Levies

The effect of strata levies on a winding up A liquidator has the power to sell all or any part of the property of a company to which the liquidator is appointed under section 477(2) of the Corporations Act 2001 (Cth) (Corporations Act). When the court appoints a liquidator to…

Victoria Caldwell

Building Construction Contracts Development Strata Tax

9 February, 2024

Changes To The Strata Building Bond And Method Of Calculation

The Building Legislation Amendment Act 2023 (NSW) The Strata Building Bond & Inspections Scheme (SBBIS) was introduced in 2018 to provide some protection to owners’ corporations in relation to defects. On 21 November 2023, the NSW Parliament passed the Building Legislation Amendment Act 2023 (NSW) (BLA) which makes 2 significant…

Victoria Caldwell

Building Construction Defects Strata

23 January, 2023

What is the evidentiary threshold for combustible cladding?

In our previous article published this October titled, “Governments react to combustible cladding following the Grenfell fire?”, we discussed NSW and UK government reactions to combustible cladding post-Grenfell. Here, we ask what evidence is required to determine whether the builder or developer is liable to replace retrospectively-banned cladding. Biowood…

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Strata

10 June, 2022

Execution by Strata Bodies

Different strata bodies are formed in different ways under the NSW strata law and have different powers and functions under the relevant instruments. This article aims to set out the various considerations in relation to execution by strata bodies and also highlights the best practice in achieving validly executed documents…

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Development Law Strata

8 September, 2021

Activating development consents

In NSW, a development may or may not require consent, depending on the conditions in an environmental planning instrument. Developments which do not require consents are usually very low impact developments and are referred to as exempt developments. This article focuses on developments which require consents and that include complying…

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Contracts Development Law Strata

1 July, 2019

NSW Government considers new legislation against contractors

In the wake of two well-publicised damaged apartment blocks, the NSW Government has released an update on their plan for legal reform within the building and construction landscape. In short, the NSW Government proposes further regulation and a statutory duty of care. In June 2019, the NSW Government released the…

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Contracts Development Strata

30 November, 2018

A developer’s liability arising from an unsigned contract

On Appeal (3 August 2018), it was found that builders and persons that are considered to be developers can be equally held liable for defects, under the New South Wales Home Building Act 1989 (HBA) in breach of the statutory warranties. FACTS AT FIRST INSTANCE Mr and Mrs…

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Strata

8 December, 2017

Separable Parts in Staged Development

The Strata Building Bond Scheme, which was introduced by the Strata Management Act 2015 (the Act), provides that in situations where the Act applies (See New strata law and building bond regime are set to commence), the developer must give a security (“building bond”) to the Secretary of the Department…

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Property Strata

3 July, 2017

Deferral of Strata Building Bond Regime to 1 January 2018

The commencement of the strata building bond regime has been deferred from 1 July 2017 to 1 January 2018. This means that the regime will not apply if the construction contract (to carry out residential building work associated with a new strata scheme) was signed before 1 January 2018. The…

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