Laws & Regulations

New Property Developments – ‘To Strata or Not to Strata?’

New Property Developments We’ve been receiving a lot of questions of late from property developers asking about ‘how to set-up an owners corporation’, so here’s a helpful checklist. I think the starting point for this conversation should the question An Owners Corporation (formerly known as Body Corporate) is created when a piece of land (Torrens […]

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Body Corporate Management – Who is Liable For Building Defects in Victoria?

Article contributed by James Collier, Partner – Moray & Agnew Lawyers   Introduction When defects arise in buildings, particularly large residential developments, it is often difficult to know who to turn to for redress. This article is intended to provide some guidance on this issue. To identify who is responsible for building defects in residential developments, […]

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Changing Strata Management Companies – “Breaking Up is Hard to Do”

Article contributed by Tom Bacon, Principal Lawyer at Strata Title Lawyers   When most of us enter into personal relationships, there is a fairly evenly-distributed balance of power and autonomy, at least to start with. And when we do enter into these relationships, we expect them to last long-term. We also realize that when relationships […]

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Creation of Domestic Building Dispute Resolution Victoria (DBDRV) to Address Strata Building Defects

Article contributed by James Collier, Partner and Gerard Nymyer, Senior Associate – Moray & Agnew Lawyers   Owners Corporation Managers of residential unit developments need to be aware of these changes as they apply to disputes between owners (including owners of apartments in buildings of any size and owners corporations in relation to disputes concerning common property) […]

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Overview of Melbourne’s Apartment Market

Article contributed by Tom Bacon, Principal Lawyer at Strata Title Lawyers There is no denying that Melburnians are fascinated by high-rise strata living, as evidenced by the large number of multi-storey high-rise apartment developments that continue to be marketed, built and sold “off the plan” in and around the city.   As compared with buying […]

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Owners Corporation Act – Proposal for Differential OC Charging

Article contributed by Tom Bacon, Principal Lawyer at Strata Title Lawyers   As part of its review into consumer property law legislation including the Owners Corporation Act, Consumer Affairs Victoria is currently considering a number of different options for reform. One of the many options on the table that hasn’t had a great deal of […]

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Owners Corporations Cannot Prohibit Use of Short Term Letting of Apartments

Article contributed by Bronwyn Weir & Annette Eastman, Maddocks    Owners Corporations In July 2016, The Supreme Court of Victoria handed down an important decision in Owners Corporation PS 501391P v Balcombe [2016] VSC 384 (Balcombe case) regarding whether an Owners Corporation had the power to make a rule prohibiting short term letting of apartments. The Court […]

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Consumer Affairs Victoria: Conduct and Quality of Owners Corporation Managers

A few weeks ago I attended a workshop on the ‘new OC Act’, or rather proposed amendments to the current Owners Corporation Act 2006 (Vic). Kerri-Anne Millard and Patrick L’Estrange from Consumer Affairs Victoria were presenting some of the key findings from the recent Consumer Property Law Review. Below is summary of key themes arising from […]

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Taxation Ruling Tr 2015/3 – Matters Relating To Strata Title Bodies

Article contributed by Peter Dawkins, Partner at Kelly + Partners Chartered Accountants   On Wednesday 25 November 2015, The Australian Taxation Office issued Taxation Ruling TR 2015/3 which finalised Draft Taxation Ruling TR 2015/D1 (issued 27 March, 2015). As noted in our summary of Draft Taxation Ruling TR 2015/D1 circulated in June 2015, previous Taxation Ruling […]

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Update: Regulating Short Stay Accommodation

Article contributed by Anton Block, Partner at Kliger Partners   Short stay accommodation is a growing worldwide phenomenon.To date owners corporations have largely been unable to manage the use of lots within their owners corporations relating to short stay accommodation. This is an issue of substantial concern when the behaviour of the short stay occupants […]

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