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Construction Laws in Strata Communities

Construction laws and processes affecting strata and community schemes

Recently, we have received various enquiries about construction laws, proposed design and construction contracts and building contracts especially those affecting strata schemes. Basically, complex construction works are needed to be done involving the owners/developers (more commonly called Principals in the realm of construction laws), architects, builders, subcontractors, surveyors, superintendents etc. What do all these mean? We cover some of the basic issues below. [...]  READ MORE →

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Building defects in strata buildings and the legislative safeguards

Building Defects and Part 11 Protections for Strata Owners

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. However, that is not the only remedy available (of course). The issue of building defects have been around for a very long time and the legislation have been changing constantly, especially for strata buildings. [...]  READ MORE →

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Process of strata renewal plans

The process of renewing a strata plan involves the committee considering a proposal within 30 days of a request and a general meeting convened in order to consider the plan (and either reject or approve such plan). A special resolution is then made, which is non-binding. A strata renewal committee is appointed by the Owners Corporation (a maximum of 8) and notice is provided to all owners.  For executive committee issues throughout this process and for other executive committee legal advice please contact us to speak with a strata lawyer today. [...]  READ MORE →

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Collective sale or redevelopment

Strata renewal plans can include either collective sales based on the value of unit entitlements, or redevelopment which cannot be less than the compensation value determined by the Land Acquisition (Just Terms Compensation) Act 1987 (section 55). For more information about collective sale or renewal of strata schemes please contact our experienced strata lawyer. Matthews Folbigg has specialist strata lawyers that are able to provide owners corporation legal advice.

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Repairs to new strata buildings

We are often approached for advice on issues regarding repairs to new strata buildings. Under the new legislation, building bonds will be lodged with the Chief Executive, which equate to 2% of the contract price of the building work. This covers defective work for residential and mixed use schemes for work done in a way that breaches statutory warranties under the Home Building Act, but does not apply to buildings less than 3 stories in height. Please contact us to speak with a qualified strata defects lawyer, particularly for strata defects legal advice Parramatta. [...]  READ MORE →