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Related Australia Law Questions
Does a liquor license and it's conditions overrule a strata
Does a liquor license and it's conditions overrule a strata bylaw? I.e if a strata bylaw says a cafe (privately owned) that is part of a strata scheme, can only operate within certain hours, however t… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
18,693 satisfied customers
It's about a common property (driveway) on a survey strata
Good Morning, it's about a common property (driveway) on a survey strata lots which has been taken by our neighbors to their benefit restricting our access to same. Is the any chance to resolve the is… read more
Leon
Leon
Solicitor
Master's Degree
52,228 satisfied customers
I moved into my premises on 15 Nov 2018 - 1 year tenancy
Hi Pearl, I moved into my premises on 15 Nov 2018 - 1 year tenancy agreement. Since early January the owners directly above me have been causing anextreme amount of noise and are in breach of by laws … read more
Leon
Leon
Solicitor
Master's Degree
52,228 satisfied customers
My neighbour at the back of my house has a very very tall
My neighbour at the back of my house has a very very tall flowering gum tree.It doesnt overhang my property but its leaves and small white flowers blow all over my property, gutters house ect . This has got to the point where it is damaging my health.I have had to fill in my swimming pool as I use to go through many pool pumps and it was impossible to clean . I have approached the strata where the unit is and the young guy saisy he will cut it back but never does. The strata even got a very cheap quote to cut back the tree and the owner of the unit agreed , but when the day came he threatended to take them to court if the came onto his property.Just this year the tree has had new growth and not at 4.00pm all the solar panels on my roof loose sunshine.The strata is on my side but their hands are tied .I do not know what to do as the council said it is a civil matter . … read more
Leon
Leon
Solicitor
Master's Degree
52,228 satisfied customers
I purchased a house on a retreat that is under a company
I purchased a house on a retreat that is under a company title & owned by the members. There are 72 sites in total. The secretary & his wife who is one of the directors are trying to turn our retreat … read more
Leon
Leon
Solicitor
Master's Degree
52,228 satisfied customers
The ANZ Bank is refusing to process the discharge of a
The ANZ Bank is refusing to process the discharge of a mortgage as part of a guarantee on an existing property even though they have accepted correct papers and that it is clear to be discharged. … read more
Leon
Leon
Solicitor
Master's Degree
52,228 satisfied customers
Of an Owners Corporation in NSW. We have a situation with an
I am Secretary of an Owners Corporation in NSW. We have a situation with an owner who has noisy and un managed dogs breaching By-Laws. The dogs are barking at all hours waking occupants, barking aggressively at visitors and roaming common areas un restrained. We have issued Orders to Comply which have been breached already so are heading to OFT for Mediation. There is an old Motion passed at a 1996 meeting which states that the owners of 3 Lots are allowed pets (6 Lots total). This motion was driven by the problem owner who is stating that she doesn't have to apply to keep pets under this Motion. However, the By-law clearly states that all owners must apply to the OC prior to housing any pet/s. My question is does the By-Law supersede the Motion and can we demand that the owner retrospectively applies to house these dogs. PS - The Strata Manger is extremely weak on matters relating to conflict. … read more
Patrick H.
Patrick H.
Lawyer
5,422 satisfied customers
I own a strata title factory unit in Minto. It is managed by
I own a strata title factory unit in Minto. It is managed by a strata company. … read more
Leon
Leon
Solicitor
Master's Degree
52,228 satisfied customers
Is this a free service for my question? how much is this? I
how much is this? I have a question of our car park managing company is unable to enforce a repeat offender using a disability car park space.All they can do is put notices on his window which he ignores and has ignored for years until we were informed this was happening. We are owner residents of this apartment block … read more
Leon
Leon
Solicitor
Master's Degree
52,228 satisfied customers
I have been submiting my plans to build a house through
I have been submiting my plans to build a house through Metricon on a strata subdivision to the committee involved, they have a draftsman as a guide to them but he has a vested interest in insisting w… read more
Leon
Leon
Solicitor
Master's Degree
52,228 satisfied customers
I am not sure which area this issue fits into...but my
I am not sure which area this issue fits into...but my daughter has been preparing to open a Family Day Care business - associated with her local council. The premises are part of a strata comprised o… read more
kmslaw
kmslaw
Special Counsel
Bachelor's Degree
215 satisfied customers
hello Leon! I was wondering if you know anthing about strata Managers and the law regardi
hello Leon! I was wondering if you know anthing about strata Managers and the law regarding this? I know Strata Manager has exceeded his authority by getting former E.C. to lodge a development applica… read more
Leon
Leon
Solicitor
Master's Degree
52,228 satisfied customers
Good day, we bought a cafe but placed a retention clause in contract that owners prove the
Good day, we bought a cafe but placed a retention clause in contract that owners prove the figures over three months then they can have the full purchase amount. The business was run by a family so 5 … read more
Leon
Leon
Solicitor
Master's Degree
52,228 satisfied customers
We live in a unit, where we share our back wall with our neighbour,
We live in a unit, where we share our back wall with our neighbour, but other than that we have no common property, no body corporate, totally separate titles. Our neighbours driveway runs down the si… read more
Leon
Leon
Solicitor
Master's Degree
52,228 satisfied customers
I am the Secretary of a small Strata Block of apartments (4)
I am the Secretary of a small Strata Block of apartments (4) in Claremont. These opening paragraphs are only to provide background and my question on a single issue is at the end. At our recent AGM we… read more
Leon
Leon
Solicitor
Master's Degree
52,228 satisfied customers
In order to arrange flood insurance I have to dissolve my body
In order to arrange flood insurance I have to dissolve my body coporate. Can you tell me what would be invoved?… read more
Leon
Leon
Solicitor
Master's Degree
52,228 satisfied customers
Hi we We live in a house that shares a driveway with another
Hi we We live in a house that shares a driveway with another house (survey strata block) in Perth WA. The neighbours have been building on the once vacant block for the last 12-month. During this time… read more
Patrick H.
Patrick H.
Lawyer
5,422 satisfied customers
Morning, we have 2 strips of shared right of way with a battle
Morning, we have 2 strips of shared right of way with a battle axe block behind our apartments. The "shared" strip stops us from installing a boundary fence between the two strips, one theirs, one our… read more
Leon
Leon
Solicitor
Master's Degree
52,228 satisfied customers

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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