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đś The Case That Changed Pet By-Laws Forever: Cooper v The Owners â Strata Plan No 58068
For many years, strata schemes across Australia adopted a simple approach to pets: "No pets allowed." If the by-laws prohibited animals, that was often considered the end of the discussion. Then came the landmark case of Cooper v The Owners â Strata Plan No 58068, a decision that fundamentally changed how strata communities think about by-laws, property rights, and the limits of an owners corporation's power. đ˘ The Background The case involved The Horizon, a 43-storey apartm
leigh_oliver
4 days ago3 min read
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When âItâs Just Noiseâ Isnât Good Enough: A Strata Wake-Up Call
If youâve ever lived in strata, youâve probably heard it before: âThatâs just apartment living.â But a recent tribunal decision shows that excuse doesnât always hold up â especially when common property is involved. The Case: Noise Through the Walls In Haramis v The Owners â Strata Plan No. 51923, a lot owner brought an application because of persistent noise coming from a neighbouring unitâs bathroom. The issue?Water pipes inside the shared wall were transmitting loud, intru
leigh_oliver
4 days ago2 min read
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đ Transparent Strata Management vs. Non-Transparent Strata Management: What's the Difference?
When choosing a strata manager, price often grabs the headlines. But one of the most important factors affecting the success of a strata scheme isn't always listed on a proposal or fee scheduleâit's transparency. Transparency is the foundation of trust. It allows owners, councils, and residents to understand what is happening within their scheme, how decisions are being made, and where their money is being spent. So what does a transparent strata manager actually do, and how
leigh_oliver
Jun 23 min read
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đ° Can a Strata Company Use Reserve Fund Money to Cover Administrative Expenses?
It's a question that comes up regularly in strata and I have written about it before - but let's revisit this again: đ¤ "Our administrative fund is running low. Can we just use money from the reserve fund to cover the shortfall?" While it may seem like a simple solution, the answer is usually "NO, but if you decide to, proceed with caution." đ Understanding the Difference Between the Funds A healthy strata company typically operates with two separate funds, each serving a di
leigh_oliver
May 313 min read
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The break-up
âď¸ One issue that arises in strata management is what happens after a strata managerâs appointment is terminated. A termination does not give the former manager the right to simply deduct unpaid invoices or their fees from the strata company trust account after the appointment has ended. đŤđ° Once terminated, the strata manager stands in the same position as any other unsecured creditor or supplier. Any outstanding invoices should be submitted to the strata company for paymen
leigh_oliver
May 241 min read
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đ˘ When Bad Neighbours Become a Legal Problem: A Landmark WA Strata Case
Living in strata comes with shared walls, shared spaces⌠and sometimes shared headaches. đ
But what happens when a neighbourâs behaviour goes far beyond occasional noise and becomes a serious interference with daily life? The Supreme Court of Western Australia explored exactly that issue in the case of Thillagaratnam v Doan â a decision that has become highly relevant for strata owners, buyers, sellers, and strata professionals alike. đ The Background In 2015, Sarah Thillag
leigh_oliver
May 193 min read
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âď¸ Costs in Strata Disputes: Can You Be Ordered to Pay â Even Without Lawyers?
A recent SAT decision â Godwin v Keet [2025] WASAT 93 (S) â is a timely reminder that running a strata dispute can come with real financial consequences⌠even if no lawyers are involved. And perhaps more importantly â even if you genuinely believe youâre in the right. đ§Š The Background This case started as a dispute about whether a strata managerâs contract had been terminated. An owner, Ms Godwin, brought the application.The respondent, Mr Keet (a director of the strata mana
leigh_oliver
May 32 min read
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âď¸ When Enough is Enough: SAT Draws the Line on Repeated Strata Claims
A recent decision from the State Administrative Tribunal (SAT) â Saje [2026] WASAT 27 â offers an important reminder for strata stakeholders: you canât keep relitigating the same dispute just because you didnât like the outcome the first time. đ§Š The Background This case involved an owner, Dr Saje, who had made multiple applications to SAT concerning her strata company and its strata manager. The core issues? Allegations that: The strata management contracts were invalid The
leigh_oliver
May 32 min read
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đ§ą When a âSimpleâ Fence Isnât So Simple: Lessons from a WA Strata Dispute
A recent WA Tribunal decision shows just how quickly a seemingly minor issue in a strata scheme can escalate into a complex (and stressful) legal dispute. In Hoddinott v Zar [2026] WASAT 25, what started as a disagreement over a dividing wall between two lots turned into a multi-issue battle involving common property, levies, insurance, and long-standing informal arrangements. So, what can we learn from it? đ đ 1. Common Property Means Shared Responsibility Even though the
leigh_oliver
Apr 302 min read
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When âSustainabilityâ Changes the Voting Game in Strata
A recent decision from the NSW Civil and Administrative Tribunal â Fegent v The Owners â Strata Plan No 6544 â is a timely reminder that the concept of âsustainability infrastructureâ in strata is broader (and more powerful) than many owners realise. For strata managers, committee members, and owners alike, this case highlights how framing a project correctly can fundamentally change the outcome of a vote. The Background: Windows, Costs, and Conflict The dispute centred aroun
leigh_oliver
Apr 253 min read
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When âWinningâ Doesnât Mean Recovering Costs in Strata Disputes
Itâs a common assumption in disputes: đ If I win, Iâll get my costs back. But in strata matters, that assumption doesnât always hold true. A recent decision from the State Administrative Tribunal â Couper and Crugnale â is a clear reminder that success does not automatically entitle you to recover your costs . The Background The case arose from a dispute between owners involving: A caravan being parked on common property Short-stay (Airbnb-style) use of a lot Alleged breach
leigh_oliver
Apr 193 min read
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When âExclusive Useâ Isnât So Exclusive: A Costly Lesson from WASAT
A recent decision of the State Administrative Tribunal highlights a critical issue in strata management: you canât assume an exclusive use by-law exists just because the wording suggests it might. The case â Silverview Holdings Pty Ltd v The Owners of Reflections Waterfront Apartments West Tower â involved a high-value dispute over who pays for nearly $1.9 million in building defects . The Background The dispute centred on a penthouse lot in a waterfront development in East
leigh_oliver
Apr 173 min read
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Want to improve your common property?
Under section 91(2) of the Strata Titles Act , owners may approve improvements to common property. Where the total cost of the proposed improvement exceeds $500 per lot , the motion must be passed as a special resolution at a general meeting (or by vote outside of a meeting). Please note that special resolutions aren't finalised until the 28-day unconditional phase elapses, and only financial owners can cast a vote. Where the cost is less than $500 per lot , the motion may
leigh_oliver
Apr 61 min read
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COO Vacancies: A vacancy arises mid-term â what should we do?
If a Council member resigns during the term, this creates a casual vacancy . The Council can continue to operate as long as they still have enough members to form a quorum . If a quorum remains, the Council may either fill the vacancy or continue operating with fewer members until the next AGM. Quorum requirements: If we have 1 vacancy and 2 owners want to join the Council, can we accept both? No. The number of Council members is determined at the last AGM when the Council wa
leigh_oliver
Apr 63 min read
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Committee Communications Without a Formal Resolution
Case: The Village Chancellor Park [2026] QBCCMCmr 87 Background The adjudicator decision in The Village Chancellor Park [2026] QBCCMCmr 87 (20 March 2026) considered an interesting and very practical governance question for body corporate committees: Does a committee need a formal resolution before sending a letter to owners expressing concerns about a contractor? This dispute arose between the committee of The Village Chancellor Park and the caretaking contractors, who were
leigh_oliver
Mar 253 min read
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A Good Strata Manager Doesnât Make the Decisions â They Help the Council Make Better Ones
One of the most misunderstood parts of strata management is the role of the strata manager versus the Council of Owners (COO). A good strata manager is not there to make the decisions for the council. They are there to provide advice, explain the options, outline the risks, and make sure the council is operating within the legal framework of the Strata Titles Act. The decisions should always remain with the Council of Owners. The best working relationships in strata are where
leigh_oliver
Mar 222 min read
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Returns At River: Stormwater Infrastructure Maintenance Dispute Decision (QLD Decision)
This legal document details a binding adjudicator's decision regarding a maintenance dispute within a community titles scheme. The case centres on Sarah Wood , a property owner who sought reimbursement from her Body Corporate after she personally funded urgent repairs to a failing stormwater pipe. Although the infrastructure was located within her exclusive use courtyard , the adjudicator determined that such utility systems remain the legal responsibility of the Body
leigh_oliver
Mar 191 min read
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When By-Law Enforcement Fails: Lessons from a Recent SAT Decision
Strata companies occasionally need to take formal action when they believe a lot owner has breached the scheme by-laws. However, a recent decision of the The Owners of Equus (Strata Scheme 62962) v Douglas highlights an important lesson: successful enforcement requires clear evidence of an actual by-law breach and proper procedural steps. The case provides a useful reminder for Councils of Owners and strata managers about the legal thresholds that must be met before applying
leigh_oliver
Mar 153 min read
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When âAccess to Recordsâ Becomes a Dispute: Lessons from the Daley Case
Strata schemes operate best when owners have access to clear information about how their building is managed. Financial records, meeting minutes, contracts and correspondence all form part of the official records of an owners' corporation. But what happens when an owner believes they have not been given proper access to those records? A recent decision in Daley v The Owners â Strata Plan 2754 highlights how disputes can arise over something that should be relatively straight
leigh_oliver
Mar 143 min read
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Reviewing and Updating Scheme By-Laws: Why Early Consultation with the Council of Owners Makes All the Difference
By-laws are the backbone of any strata scheme. They set the expectations for how residents live together, how common property is used, and how issues such as parking, pets, noise, renovations, and short-term letting are managed. However, many schemes operate with by-laws that are outdated, inconsistent with current legislation, or simply no longer reflect how the community actually lives. Regularly reviewing and updating by-laws is therefore an important part of good strata g
leigh_oliver
Mar 143 min read
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