Strata Law

This article includes an example of the new statutory duty of care protection that property and strata owners now enjoy. By the reasons of this decision, there is a real and potential argument that “building work” to which the statutory duty of care applies (under section 36 and 37 of the DBPA) is not strictly restricted to class 2 or part 2 buildings but can also apply to the broader meaning of “building” under the EPAA.

An example of how the new duty of care protection works in favour of property and strata owners in the Courts

What are some examples of the new statutory duty of care protection that property and strata owners now enjoy, I hear you ask? Well, you are in luck. Below is one example that we have come across recently: [...]  READ MORE →

Strata defects and Project Intervene NSW (From 2 November 2022 to 30 June 2023)

Surprise! There are generally lots of defects in strata buildings (39% having serious defects from 2014). These defects range from waterproofing defects, fire safety defects, structural defects and the other so-call “minor” defects (which when combined, can be very expensive). This is according to the new report from the still current NSW Building Commissioner, David Chandler.

Given the high-profile and costly problems (including those from overseas), it is not surprising that the NSW Government is attempting to play catch-up and reform the industry. [...]  READ MORE →

We have previously written an article about the new duty of care protection in favour of property and strata owners, which is available under the new Design and Building Practitioners Act 2020 NSW (DBPA). Basically, it establishes a new duty of care against various building practitioners, retrospectively, covering losses arising from the last 10 years or so (the DBPA commenced on 11 June 2020). Just an update, there are some recent case law on this. For example:

1. In the case of The Owners – Strata Plan No 84674 v Pafburn – [2022] NSWSC 659, the Owners Corporation commenced proceedings under the DBPA on 1 December 2020 against the builder and developer of the building. The occupation certificate issued on 6 December 2010. Evidently, the proceedings were commenced under the DBPA because of the “two and six years” limitation of periods under the Home Building Act with non-major and major defects which is a lot more restrictive. [...]  READ MORE →

We are often asked about the NCAT Tribunal and what it can do for you. One of the things that NCAT can do is to make orders for compulsory appointment of a strata managing agent under section 237 of the Strata Management Scheme Act 2015 (NSW), who can, pursuant to the orders:

1. exercise all the functions of an owners corporation, or
2. exercise specified functions of an owners corporation, or
3. exercise all the functions other than specified functions of an owners corporation.

Whilst this may seem extreme, it is a powerful strategic option for lot owners (or the dissenting minority) to challenge the decisions of the majority in a strata scheme, big or small, in particular where there are adverse/unfavourable resolutions made by the owners corporation or strata committee. [...]  READ MORE →