Conversion from Company Title to Strata Title – Is it Right for Your Company?
The Advantages of Strata Title when compared with Company Title Conversion from company title to strata title can result in tangible benefits. Unit ownership via company title is an older form of unit ownership than strata title, and was the only way to own home units prior to 1961. The owner’s right to sell or […]
It’s all up in the AirBnB
In our previous article “Holiday Lettings Unlawful in Some Residential Areas”(link below), we discussed the case of Dobrohotoff v Bennic [2013] where a neighbour was frustrated by a nearby home being leased for wild parties including hens’ and bucks’ nights. Since then there have been developments in this interesting area of law. First, there is […]
A party in liquidation may not be entitled to progress claims under the Security of Payments legislation
The Court of Appeal of the Victorian Supreme Court has heard an appeal of decision of Vickery J in Facade Treatment Engineering Pty Ltd (in liquidation) v Brookfield Multiplex Constructions Pty Ltd [2015] VSC 41. In that earlier decision it was has held that provisions of the Building and Construction Industry Security of Payment Act […]
ATO Dragoons Prestige Property Purchasers to be Tithing Tax Collectors
A tax grab of biblical proportions… Anyone buying or selling property in Australia with a value of $2 million or more is caught by new tax collection rules from 1 July 2016. Vendors selling property for $2m or more must obtain a CGT “clearance certificate” from the Australian Taxation Office (ATO) confirming that they ARE […]
Don’t Lose Sleep Over Noisy Neighbours!
Noisy neighbours are common, especially when you live in an apartment building. However, you can, with the support of your body corporate, do something if the noise is caused by a change in flooring. This was demonstrated in the recent case of 18 Kingsford Street. The Facts 18 Kingsford Street is 5 lots in a residential building. […]
Is Mr Fluffy in your Roof?
The Government will test for free if you register before 1 August 2016. If you do not register for testing by 1 August 2016 you will not have access to Government compensation if your property is affected by Mr Fluffy. If your house was constructed before 1980, you should register for free ceiling insulation testing. You must […]
Caravan Park Operators On Notice
The Residential (Land Lease) Communities Act 2013 No 97 has just been amended to give caravan park residents more rights. New rules of conduct for caravan park operators require the operators to: act honestly, fairly and professionally, exercise reasonable skill, care and diligence, not engage in high pressure tactics, harassment or harsh or unconscionable conduct, and not disclose confidential information. […]
Buying a property with quality defects – what are your rights?
Imagine moving into your newly purchased property only to discover a few months later that your dream home has a devastating termite infestation. What can you do about it? It might shock potential property purchasers to know that vendors do not have a positive obligation to point out quality defects if that defect is apparent […]
HOLIDAY LETTINGS UNLAWFUL IN SOME RESIDENTIAL AREAS
Investors may need to think twice before letting out their property for short term holiday lettings. A home owner on the NSW Central Coast was fed up with noisy parties next door. The house was let to short term tenants for parties, involving, “loud music, flashing lights, bucks and hens nights "(sometimes involving strippers, or […]
STRATA LAW – Court puts limit on insurer taking it to excess
The amount of the excess payable by an owners corporation when a claim is made on a home owner's warranty insurance policy in relation to common property building defects has now been determined by the courts in NSW. A recent court case establishes that when a claim is made by the owners corporation on the […]