NSW Strata Law Update: By-laws and Strata Disputes in NCAT (2017)

Learning Outcomes:

• Know when a By-law or Common Property Right’s By-law is required
• Know the thresholds of Owners Corporation’s approvals for Minor Renovations and By-laws
• Know the changes in relation to Lot Owner’s Consent to By-laws
• Understand the legal requirements in relation to Consolidation of By-laws when registering a change of by-laws
• Understand the practice and procedure of dealing with strata disputes in NCAT and the issue of costs

In this session Michael Pobi will provide an update on the significant changes introduced by the Strata Schemes Management Act 2015 in relation to owner renovations to their lots covering cosmetic works, minor works and those works which will require a common property rights by-law (aka special privilege/exclusive use by-laws).

Michael will also provide some tips on how to address an owner’s renovations which include a combination of minor works and works which affect common property and how a by-law can delegate the owners corporation’s functions of approving minor works to the strata committee under a by-law. Michael will also cover the new requirements for strata schemes to review their by-laws within 12 months of 30 November 2016 and the practical challenges for legal practitioners/strata managers meeting the new requirement to register a change of by-laws within 6 months of the date of their passing.
In the second part of the session Michael will provide a general overview of dealing with strata disputes in the NSW Civil and Administrative Tribunal, some practice and procedure to be aware of and the issue of costs in NCAT proceedings dealing with strata disputes.

Preview:

About your Speaker: Michael Pobi – Pobi Lawyers

Michael Pobi is a lawyer with over 10 years experience. Since 2008, Michael Pobi has exclusively specialised in all aspects of Strata and Community Title Law including, but not limited to:

• Strata and Community Title Law Advisory
• Strata and Community Title By-Laws
• Strata and Community Title Disputes and Appeals in the NSW Civil and Administrative Tribunal (NCAT)
• Strata Management Statements
• Community Management Statements
• Building Defects Claims
• Litigation and Dispute Resolution in the Local, District and Supreme Courts of NSW, the Land and Environment Court of NSW
• Levy Recovery

Michael frequently contributes to the strata community by the publication of his articles on the website LookUpStrata. He also posts articles on LinkedIn and Facebook from time to time.

At Pobi Lawyers, we are committed to providing practical advice and solutions to meet our clients’ objectives. We have proven experience and industry knowledge to deliver practical, commercial and strategic results for our clients. Michael’s qualifications and memberships include:

• Dip.Law, Legal Profession Admission Board (Sydney)
• Grad. Dip. Legal Practice (College of Law)
• Admitted as a Solicitor of the Supreme Court of NSW and of the High Court of Australia
• Member of the Australian College of Community Association Lawyers, the peak body of strata lawyers in Australia
• Member of the Law Society of New South Wales

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