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A five year legal battle has ended in victory for Johanna Connor and her husband who are residents of Darlinghurst’s Horizon building and the owners of a now very happy miniature schnauzer named Angus. The NSW Court of Appeal has ruled that blanket ban ‘no pet’ by-laws do breach the...

We have all seen the horror of people forced to evacuate their homes in towering ‘skyscrapers’ due to serious and often irreparable defects. Countless people suffering financial and personal loss years down the track because unbeknown to them, the building that their apartment is in is uninhabitable and unsafe.

The NSW Government has just announced a further extension of the measures which were established to assist Tenants and Landlords that have been financially disadvantaged as a result of COVID-19.

Most recent Supreme Court commercial leasing decision brings comfort to the retail industry

When purchasing a property there are particular risks that can arise; for instance, will there be a covenant that only allows you to build a one storey home? Will there be a covenant that does not permit you to use the property for commercial purposes? Do these covenant run with...

At the end of July it was announced there would be an extension of the current First Home Buyer Assistance Scheme (‘the Scheme’). The proposed changes are set to become operational from 1 August 2020 and continue for 12 months thereafter.

The recent decision of The Owners — Strata Plan No 58068 v Cooper which provided that ‘no pet’ by laws were ‘harsh, unconscionable and oppressive’ has been overturned by the appeal panel.Similarly, the decisions of The Owners — Strata Plan No 55773 v Roden and Spiers v The Owners — Strata Plan No 77953 have resulted in negative outcomes for pet owners hoping to keep their pets in their apartments.

Transactions relating to the sale and purchase of property inevitably involve the transfer of large amounts of money. In reality, for most people, buying and selling property is the largest transaction that they are a part of.

In this day and age, it is common to purchase units “off the plan”, meaning a unit in a building which has not been finalized, or even commenced. As most of these kinds of units are in apartment complexes or like buildings, car parking is often an essential aspect of the property being acquired. There are however inherent significant risks for a Purchaser in entering into these kinds of arrangements. As you are purchasing property not yet constructed, it may be that certain elements of the property are not exactly as pictured, or as agreed. The location of car spaces or storage units may also be different to initially described, if described at all.

Is another tenant to your strata being a nuisance? Are other tenants effecting your exclusive use to parking? Or are you having difficulty interpreting complex by-laws? A current case at the Supreme Court of NSW provides some clarity on these issues by commenting on the interpretation of Strata By-Laws at law, as well as what is required when determining if someone is being a nuisance.