Has Written Consent been given for that Exclusive Use By-Law?

An owners corporation may amend, repeal or add by-laws in accordance with the Strata Schemes Management Act 2015 (the Act). Commonly, lot owners seek to make common property rights by-law to gain rights to exclusively use certain parts of the common property for purposes including car parking, storage and to carry out renovation works. Accordingly, it is important that lot owners and owners corporation are aware of the requirements for written consent when making or…

Paper Certificate of Titles soon to become a thing of the past

The way in which we deal with certificates of title (CTs) have and are continuing to change. Why is 22 March 2021 important? On 22 March 2021, it was made compulsory to lodge consolidated by-laws for registering through Property Exchange Australia (PEXA). However, the caveat to this is that if no legal representation, counter lodgments by waiver form was permitted but only applicable for 12 months up until 22 March 2022. If you are legally…

Can I use that document too? – NOT WITHOUT COPYRIGHT

One great way to incur a large debt is to reuse a commercial document without the consent of the copyright owner. We see this regularly and it rarely ends well. In a strata context, the most common scenario involves a professional being engaged to prepare a document for an owners corporation or lot owner and those persons or others reusing the document for a similar transaction in the future, without the consent of the professional….

The What’s and Why’s of VOI’s

There appears to a great deal of confusion regarding the verification of identity (VOI) process and in this factsheet we aim to clarify what VOI is all about. Why do I need to undertake a VOI? The Australian Registrars’ National Electronic Conveyancing Council’s Model Participation Rules (Rules) set out strict criteria which law firms must comply with. As part of these obligations, law firms are required to verify the identity of any party that signs…