Navigate the intricacies of strata living with our dedicated resources on strata laws and regulations. Explore essential insights into strata property governance, legal compliance, and regulatory updates. Access comprehensive guides to stay informed and make well-informed decisions in the complex landscape of strata ownership.
Body Corporate – OH OH! Insurers Appointing their own Legal Representative to Defend Proceedings
It has become usual practice for an insurer to appoint their own legal representative to take over the conduct of a proceeding where the body corporate has been sued and has issued a claim on its insurance policy for coverage of its legal expenses. It is imperative to remember that any sum of money required to be paid out by…
James v Christou (Building and Property) [2020] VCAT 563
Background This proceeding concerned two lots in an apartment complex. One was owned by the Applicant (Mrs James), and the other by the Respondent (Mrs Christou). They were adjoining neighbours in a five-storey block of units in Fitzroy Street, St Kilda. Relevantly, each unit had a balcony overlooking Fitzroy Street. For title purposes, they were two separate balconies, but physically,…
Harris v Insurance Australia Limited (Building & Property) [2020] VCAT 813
VCAT confirms it is incumbent on applicants who apply to review decisions out of time to provide an acceptable explanation for their delay or risk having their claims struck out. Introduction The applicants sought to review a denial of a domestic building insurance claim issued by IAL on 16 November 2016, in proceedings commenced on 13 June 2019. IAL successfully…
We Live Here – Advocacy Group for Owners Corporations
Should All Owners & Committees in Owners Corporations in Victoria Get Involved with We Live Here? We Live Here (WLH) is an advocacy group launched in December 2016 to give a voice to and protect the rights of owners and residents in apartment buildings run by Owner Corporations. WLH arose from the long-running Watergate case against short-stays. Until then, residents…
How Stage 4 Restrictions Affect the Management of your Buildings
The introduction of stage 4 restrictions in Victoria under the Stay at Home Directions (Restricted Areas) (no 8) issued by the Public Health Commander under s200 of the Public Health and Wellbeing Act 2008 (Vic) has seen significant and sweeping changes. From 11.59 p.m. Wednesday, 5 August 2020, workplaces must be closed unless they are part of a permitted activity.
Siddiqui v Body Corporate RP001414 (Body Corporate) [2020] VCAT 382
Background This proceeding concerned two lots (1 and 5) (‘the Property’) owned by a Dr Siddiqui in a plan of subdivision. His son, Najee Siddiqui (Najee), is the occupier of the Property. Adjacent to Lot 5 are the following two areas of common property. To the south is a small room containing a toilet (‘the Toilet’). This opens directly into…
Update from Strata Management Consultants Melbourne
As we are once again pushed back into Stage 3 lockdowns across Melbourne, we are writing to let you know that we are still open for business during this challenging time. We understand that the current environment is challenging for everyone – mentally, financially, and economically. We are no different and we sit in the same boat as everyone else…
Microorganism Dismantles Airbnb – Will it ever Recover?
A big story that emerged from the COVID-19 pandemic was its impact on the Airbnb juggernaut. Airbnb is valued at more than $US30 billion and was preparing to be listed as a public company this year. However, the impact of the coronavirus has delayed its plans. Since the news of the rapidly spreading infectious and deadly disease caused by COVID-19,…
Performance-based Alternative Solutions the Key to Cheaper Cladding Replacement Costs
Bodies corporate need not despair when served with an Order or Notice from the Municipal Building Surveyor or from the Victorian Building Authority (VBA). There may literally be a “deemed to satisfy” solution available for some buildings, meaning that not all of the cladding installed on the façade of a building might need to be removed. In November last year,…
Body Corporate SP22776 v Lunn [2019] VCAT 2057 (23 December 2019)
This case illustrates that courts and tribunals will, in certain circumstances, order lot owners to reinstate works undertaken by them that breach the Model Rules of the body corporate. Background – Body Corporate Michelle Lunn is a lot owner of a building in St Kilda (‘the Building’). The Plan was registered in 1985. Ms Lunn owned lot 18, a bedsit-studio…