Entries by Marcus Carbone


Failure to Repair and Maintain Common Property in Strata

The recent NSW Court of Appeal Decision of The Owners – Strata Plan No. 74232 v Tezel [2023] NSWCA 35 (“Tezel”) determined that the two-year limitation period imposed by section 106(6) of the Strata Schemes Management Act 2015 (“SSMA”) begins from the time at which the owner was first aware of the type of loss that is the subject of the complaint…


Retail Leases Regulation 2022

On 1 January 2023, the Retail Leases Regulation 2022 (the “Regulation”) commenced, offering further inclusions for the types of businesses included under Schedule 1 of the Retail Leases Act 1994 (the “Act”).

Gyms and bars now fall under the definition of retail shop and are the latest beneficiary of stronger protections provided under the Act.


Operating a crane over adjoining properties

Are developers required to seek consent before operating cranes over adjoining properties? The short answer is YES. In most circumstances, individual landowners and owners corporations will own the airspace above their property and a developer will require your consent to swing a crane through that airspace.


No free parking – What can you do if residents keep parking in visitor car spaces

“You can’t park here, it’s visitor parking only”…. It’s a comment that rings out regularly throughout strata schemes, sometimes in the form of a note on the windscreen, but owners corporations are rarely aware of their power to prevent residents from parking in visitor car spaces. This parking issue will only become more widespread as the number of large strata schemes increase, as visitor car spaces are often required as part of an application to develop and construct a new residential strata scheme.