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Thoughts from a strata lawyer ...

Thoughts from a strata lawyer ...

By 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.
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Strata Managers – How are they regulated?

Thoughts from a strata lawyer ...Jun 12, 2023

00:00
05:15
Strata Managers – How are they regulated?
Jun 12, 202305:15
Are you speaking legalese? – The need for easily understandable by-laws.
May 21, 202302:21
Why mediate? Considerations for strata and community title disputes
May 08, 202304:34
Using Strata, Community and Company Title to facilitate Collaborative Housing in NSW

Using Strata, Community and Company Title to facilitate Collaborative Housing in NSW

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/


Apr 27, 202310:12
Dispute Resolution: 6 tips for conflict management

Dispute Resolution: 6 tips for conflict management

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/

Oct 18, 202205:07
Who knows your financial information? Privacy as part of an owners corporation

Who knows your financial information? Privacy as part of an owners corporation

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/

Oct 11, 202205:55
What can I do if my by-law was unreasonably refused?

What can I do if my by-law was unreasonably refused?

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/

Oct 05, 202203:47
Sustainability infrastructure: What is it & how has installing it been made easier?

Sustainability infrastructure: What is it & how has installing it been made easier?

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/

Aug 30, 202203:12
Animals in strata schemes: Can you? Can’t you?

Animals in strata schemes: Can you? Can’t you?

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/

Aug 30, 202205:08
Managing poor behaviour: Sometimes it’s not (just) a strata issue …

Managing poor behaviour: Sometimes it’s not (just) a strata issue …

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/

Mar 21, 202207:36
Restrictions on a Strata Committee: what are they?

Restrictions on a Strata Committee: what are they?

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/

Mar 07, 202204:49
Gardening in Strata & Community Schemes: Some thoughts

Gardening in Strata & Community Schemes: Some thoughts

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/

Feb 28, 202205:56
Community schemes & By-laws: The new restriction under section 130(1) of the Community Lands Management Act 2021 (NSW)

Community schemes & By-laws: The new restriction under section 130(1) of the Community Lands Management Act 2021 (NSW)

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/

Feb 26, 202206:38
Flash Alert - COVID-19 - Strata & Community title regulations have been changed to allow for electronic meetings

Flash Alert - COVID-19 - Strata & Community title regulations have been changed to allow for electronic meetings

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. 

Jul 21, 202102:35
Flash Alert - COVID-19 provisions have changed (yet again)

Flash Alert - COVID-19 provisions have changed (yet again)

This is a comment on the new restrictions for visitors to places of residence in the Greater Sydney area. 

Jul 18, 202105:07
Flash Alert - COVID-19 changes coming into effect on Tuesday 13 July for Greater Sydney schemes

Flash Alert - COVID-19 changes coming into effect on Tuesday 13 July for Greater Sydney schemes

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. 

Jul 12, 202104:34
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
May 21, 202104:21
Strata & Community Title Schemes in NSW & COVID19 Regulations

Strata & Community Title Schemes in NSW & COVID19 Regulations

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.

May 21, 202105:08
Flash Alert - COVID-19 provisions have changed!

Flash Alert - COVID-19 provisions have changed!

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. 

May 14, 202102:52
Prohibiting Short Term Letting in NSW Schemes – The Devil is in the details
May 07, 202106:27
Time Limitations in Damages Claims for Failure to Maintain and Repair the Common Property: An Update

Time Limitations in Damages Claims for Failure to Maintain and Repair the Common Property: An Update

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/

Apr 30, 202104:27