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Strata Managers as Fiduciaries

A paper by Gary Bugden OAM. April 2021. Preliminaries 1. Coverage In this paper I will consider: what we mean by a “fiduciary”; how to determine if a fiduciary relationship…

Q&A -“Can our executive committee force lot owners to de-sex pets?”

This article, written by our Queensland Partner Michael Kleinschmidt first appeared in the QLD LookUpStrata Newsletter. Question:  A “dot point” clause in our body corporate by-laws forces lot owners to...

January 2024 – Strata Regulatory Watch

In this edition we cover: NSW: Changes to strata and community titles laws in NSW NSW : The Mascot Towers case Blog Post: Stratum Title – the manna of property title QLD: BUGT and QLD…

Case Decision summary : The Owners of Dolphin Apartments Mandurah Strata Plan 49518 v Poland Superannuation Pty Ltd [2023] WASC 452

Decision of Lundberg J, delivered 28 November 2023 In this recent decision of the Supreme Court of Western Australia, the Court upheld the decision of the State Administrative Tribunal (Tribunal)…

Q&A -“A member of my OC won’t pay their levies – should we start action in VCAT?”

Question: A member of my OC won’t pay their levies – Should we start action in VCAT? I am the OC Manager of a mid-sized apartment complex. Over the course…

Q&A – approval process when owners are part of multiple OC’s within an estate

This question was submitted to us from Matt Bourke of MBCM Strata Specialists Doncaster. We thank Matt for submutting this question and giving us his permission to publish our response….

Changes to the NSW Strata and Community Titles legislation

Under the Strata Legislation Amendment Bill 2023, various changes have been made to the strata and community titles legislation. The changes commenced on 11 December 2023 (transitional arrangements are in…

Stratum title: the manna of property title

In Hebrew, manna means “what is it?”  Many have referred to a parent or spouse’s experimental cookery in this way or thought this after looking at a drawing their child…

The ‘Mascot Towers’ Case

Bugden Allen Graham Lawyers recently achieved a successful outcome in the Supreme Court case of The Owners – Strata Plan No 80877 v Lannock Capital 2 Pty Ltd [2023] NSWSC…

BUGT and QLD strata law updates – January 2024

The Building Units and Group Titles Act 1980 (BUGTA) reform will come into effect on 29 January 2024. The changes will see a 20% increase to dispute application fees lodged…

Legality of Requesting Evidence for Assistance Dogs and Common Property Restrictions in Wildlife-Preserving Body Corporate

This article, written by our Queensland Partner Michael Kleinschmidt, and Evelyn Hearn first appeared in the QLD LookUpStrata Newsletter. Question: To preserve wildlife, our body corporate has a Council covenant…

Queensland Property Developer Fined $125,000 for Breach of Body Corporate and Community Management Act 1997

On Tuesday 5th December 2023, in the Gympie Magistrates Court, the owner of the final stage of a local townhouse development, Corella Rd Dev Pty Ltd, was slapped with a…

September 2023 – Strata Regulatory Watch

In this edition we cover: NSW: Final version of the Fire Safety Schedule NSW : Update on strata management legislation Press release : Welcome to Gerard Doyle, our new NSW…