Effect of the STSMA on Existing Rules
Trustees and owners need to know how the STSM Act changed their scheme’s rules on 7 October 2016. In this article Graham explains how the new law changed the rules of existing schemes. He sets out a step-by-step process for determining what newly prescribed rules apply and how to assess whether any rules that the scheme had previously changed or added continue to apply or are no longer valid.
Explanation of Sectional Title Rules
Sectional Titles Scheme Rules under the 2016 legislation: The regulations under the Sectional Titles Schemes Management Act, 2011, determined that body corporate rules must be considered to be laws made by and for a scheme’s body corporate, and required that they be interpreted as laws. In the light of the 2016 legislation, Graham Paddock has re-examined the subject of these rules. He has looked at the four types of rules a developer or body corporate can make, leading to conclusions as to the type of issues that can be regulated in each type of rule and he has compared rules with other types of regulation, such as registered title deed conditions and general laws. Finally he has applied his conclusions to the controversial issue of short-term letting rules in sectional titles schemes. Read the full article here.
Coral Island Body Corporate vs Hodge – More Questions Than Answers.
In this article, Graham discusses the Coral Island Body Corporate v Hoge case, where a body corporate took an owner to High Court, rather than making use of the CSOS. Graham discusses the order given by the judge, as well as the implications of this judgement, both on the body corporate and the board of trustees who made the decision to pursue the case in this way.