PBL Law Group

11/12/2025

Sun, bowls, and a fantastic dinner to bring in the holiday cheer! ✨🎄

A massive thank you to our hardworking team for their dedication this year, and to our wonderful clients for your continued trust. We are ready to finish the year strong!

Happy Holidays, everyone!

PS. There might have been a few questionable bowling techniques, but the team spirit was 10/10! 😉🏆

03/12/2025

Challenging high strata levies or accepting status quo?

Strata levies fund the maintenance and management of common property, but excessive or unjustified increases can place significant strain on lot owners. NSW law provides structured pathways for owners to question, challenge, and resolve disputes over levy amounts.

Key considerations for levy disputes:
- 🏢 Levies are calculated based on unit entitlements and must be approved at a general meeting in accordance with the Strata Schemes Management Act 2015 (NSW).
- 📑 Owners can challenge levies by verifying compliance with legal requirements, gathering evidence (such as maintenance history), and requesting payment plans in cases of financial hardship.
- ⚖️ The NSW Civil and Administrative Tribunal (NCAT) can adjust levies it finds excessive or unreasonable, but successful challenges require a clear legal basis and supporting documentation.
- 💡 Cost-saving strategies—such as optimising insurance, embracing sustainability upgrades, and prioritising preventative maintenance—can help reduce future levy burdens for all owners.

Effective management and transparent processes are essential to maintaining fair levies and protecting property values. Legal advice is recommended for owners seeking to challenge levies or implement enforceable by-laws for cost recovery.

Our expert strata lawyers can assist with levy disputes, NCAT applications, and strategic cost management for owners corporations.

Want more details? Check the full article here → https://vist.ly/4gyx6
The legal team at PBL Law Group author & publish full-length articles at pbl.legal/insights

Learn how to claim compensation and get restitution for private property damage caused by your Owners Corporation. Navigate strata disputes with a knowledgeable strata lawyer.

01/12/2025

Mould remediation or financial compensation in strata?

Mould in strata properties raises complex questions of responsibility, health, and financial loss. NSW law distinguishes between owner, owners corporation, and builder liability, with significant implications for lot owners seeking resolution.

Key legal principles:
- 🏢 Owners corporations are responsible for mould caused by failures in common property, such as water ingress or inadequate ventilation.
- 🛠️ Builders may be liable if construction defects under the Home Building Act 1989 (NSW) are the root cause.
- 💸 Lot owners can claim compensation for lost rental income and property damage when the owners corporation fails to act, as established in Byrne v Strata Plan [2021] NSWSC 342.
- 📑 Prompt reporting and thorough documentation are essential for both remediation and financial recovery.

Determining liability often requires expert assessment of building defects, lifestyle factors, and ventilation. Timely legal advice ensures that compensation claims are properly substantiated and that remedial action is taken without delay.

Our expert strata lawyers can assist with mould liability disputes, compensation claims, and navigating owners corporation obligations.

Want more details? Check the full article here → https://vist.ly/4gm2t

The legal team at PBL Law Group author & publish full-length articles at pbl.legal/insights

Learn how to claim compensation and get restitution for private property damage caused by your Owners Corporation. Navigate strata disputes with a knowledgeable strata lawyer.

30/11/2025

We are delighted to announce that Anthony Watson has joined PBL Law Group as a new Partner!

A pre-eminent figure in Australian tax law, Anthony brings over 40 years of distinguished experience, including a renowned and lengthy career at Greenwoods & Herbert Smith Freehills.

His arrival is a major strategic addition to our firm, bolstering our Private Wealth and Cross-Jurisdictional Tax practices. Anthony is a trusted advisor to high-net-worth individuals, family groups, and international clients, guiding them through complex tax, succession planning, and trust law matters.

Please join us in extending a very warm welcome to Anthony!

29/11/2025

Breaching a strata by-law in NSW: what happens and what are the risks?

Compliance with strata by-laws is crucial for harmonious living and the effective operation of owners corporations. NSW strata law sets out structured processes and penalties for dealing with breaches—whether intentional or inadvertent.

Key points on breach management:
- 🚨 Notification and rectification: Owners corporations typically issue a formal notice to the offending lot owner or resident, specifying the breach and steps for rectification.
- 📝 Continued breach: If the conduct continues, the matter may be escalated to the NSW Civil and Administrative Tribunal (NCAT), which can impose penalties or orders compelling compliance.
- 💰 Penalties: NCAT may order fines (up to $1,100—more for repeat or serious breaches), order the resident to stop the conduct, or direct them to remedy any damage.
- 🛡️ Rights and escalation: Both the owners corporation and the alleged breaching party have rights to mediation, challenge, or defend the action before NCAT.

Prompt, respectful resolution of by-law issues helps maintain community relations and avoids costly or adversarial proceedings. Persistent or serious breaches can lead to financial penalties, orders for reinstatement, and even recovery of legal costs by the owners corporation.

For tailored advice or representation involving by-law disputes and enforcement, consult the strata law specialists at PBL Law Group.

Full article: https://vist.ly/4gfs8

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Learn how to claim compensation and get restitution for private property damage caused by your Owners Corporation. Navigate strata disputes with a knowledgeable strata lawyer.

27/11/2025

Thinking of planting, landscaping, or updating your strata garden?

In NSW, what you can and can’t do in your apartment’s outdoor space is carefully defined by the Strata Schemes Management Act 2015 (NSW) and your specific strata by-laws.

Key takeaways for strata gardening:
- 🌱 Exclusive use doesn’t guarantee unrestricted rights—most planting, landscaping, or removal of plants in common property requires written approval from the owners corporation.
- 🔑 Your by-laws set the detail: Some by-laws allow minor gardening (pots or planter boxes) without permission, but almost all changes to common property, irrigation, or hard landscaping need approval.
- ❌ Prohibited activities: Tree removal, major landscaping, and any works likely to affect structural integrity or waterproofing are typically forbidden without formal consent.
- 📝 Always check by-laws before planting, pruning, or altering paved/grass areas, even if you have a courtyard or garden area attached to your lot.

Breaching gardening by-laws can lead to formal disputes, orders to reinstate, and compliance penalties. To avoid this, clarify your rights with your strata committee or professional advisors before making any changes.

For tailored legal advice and support with gardening disputes or applications, consult the team at PBL Law Group.

Full article here → https://vist.ly/4g7ij

More expert insights at pbl.legal/insights

Learn how to claim compensation and get restitution for private property damage caused by your Owners Corporation. Navigate strata disputes with a knowledgeable strata lawyer.

26/11/2025

Short-term letting or long-term lease for strata?

Airbnb and other short-term rental platforms offer flexibility for strata landlords, but compliance with NSW strata law is essential. Owners corporations, by-laws, and state regulations all play a role in what is permitted—and what is not.

Key compliance factors:
- 🏢 Owners corporations can restrict or ban short-term letting for non-principal residences under section 137A of the Strata Schemes Management Act 2015 (NSW).
- 📅 Hosted rentals (owner on-site) have no day limit; non-hosted rentals are capped at 180 days per year, excluding stays of 21+ consecutive days.
- 🔥 Mandatory requirements include STRA registration, fire safety compliance, and adherence to the NSW Code of Conduct for Short-term Rental Accommodation.

Location, by-law restrictions, and compliance with the Code all determine your ability to let your strata apartment on Airbnb. Failure to comply can result in penalties, fines, or exclusion from the industry.

Our expert strata lawyers can assist with by-law interpretation, compliance obligations, and resolving disputes arising from short-term letting.

Want more details? Check the full article here → https://vist.ly/4f2cz

The legal team at PBL Law Group author & publish full-length articles at pbl.legal/insights

Learn how to claim compensation and get restitution for private property damage caused by your Owners Corporation. Navigate strata disputes with a knowledgeable strata lawyer.

25/11/2025

We had a fantastic time sponsoring a hole at the recent charity golf day in support of United Sporting Club! ⛳

At PBL Law Group, we believe in the power of community and are proud to support organisations that bring people together through sport. It was a great day on the green for a worthy cause.

Congratulations to the organisers and everyone who participated in making the event a success!

24/11/2025

Major defect or minor defect under the Act?

The Home Building Act 1989 (NSW) draws a clear line between major and non-major defects, with significant consequences for homeowners and owners corporations. Understanding this distinction is essential for protecting your rights and maximising your statutory warranty period.

Key criteria for a major defect:
- 🏗️ Involves a major element: structural components, fire safety systems, or waterproofing.
- ⚠️ Causes significant consequences: compromises structural integrity, affects habitability, or poses a risk of destruction or collapse.
- 📋 Requires robust evidence: expert reports, photographs, and detailed records are critical to support a claim.

Major defects attract a six-year statutory warranty period from completion, while all other defects are limited to two years. Prompt identification and action are vital, as failing to meet the definition or deadline can forfeit your right to rectification.

Our expert construction and strata lawyers can assist with defect classification, evidence gathering, and navigating the claims process under the Home Building Act.

Want more details? Check the full article here → https://vist.ly/4fqp8

The legal team at PBL Law Group author & publish full-length articles at pbl.legal/insights

Learn how to claim compensation and get restitution for private property damage caused by your Owners Corporation. Navigate strata disputes with a knowledgeable strata lawyer.

23/11/2025

Early inheritance or notional estate?

A high-profile inheritance dispute, featured in the Sydney Morning Herald, has brought the legal risks of early asset transfers into sharp focus. The Bushell v George case demonstrates how lifetime gifts—such as a family farm—can be drawn back into the estate as notional estate under NSW law, forming the basis of a family provision claim.

The court’s approach is shaped by two key principles:

⚖️ Notional Estate Orders: Lifetime transfers may be included in the estate for the purpose of satisfying a claim, especially where documentation is unclear or absent.
💡 Financial Need vs. Testator’s Intent: The court weighs each claimant’s financial circumstances against the testator’s intention to preserve core assets. Demonstrable need, not equal division, guides the outcome.
This case illustrates that “fairness” in inheritance law is determined by individual circumstances and the quality of estate planning, not by equal shares. Proper documentation and legal advice are essential to manage the risk of disputes and adverse cost orders.

Our expert inheritance dispute lawyers can assist with structuring early inheritances and navigating family provision claims.

Want more details? Check the full article here → https://vist.ly/4fq7g

The legal team at PBL Law Group author & publish full-length articles at pbl.legal/insights

Understand family provision claim outcomes for adult child siblings in a recent NSW inheritance dispute over early inheritance & notional estate.

22/11/2025

Not sure how long you have to make a building defect claim?

In NSW, the time limit depends on the type of defect. Owners corporations must act quickly: major building defects have a strict 6-year window, while other defects are limited to just 2 years. Missing these deadlines can leave your strata community without recourse for costly repairs.

Here’s the breakdown:
- 🏗️ Major defects (structural, waterproofing, safety): 6-year statutory warranty period from completion.
- 🛠️ All other defects (non-structural, finishes): 2-year statutory warranty period.
- ⏳ Limitation periods run from the date of completion, not discovery—delayed action can forfeit your claim.

Accurate defect classification and prompt action are essential for maximising recovery and safeguarding the strata’s financial interests. Early legal advice helps clarify your position and ensures claims are asserted within the statutory window.

Our expert defect litigation lawyers can advise on statutory warranty entitlements and ensure claims are made within the appropriate time limit.

Want more details? Check the full article here → https://vist.ly/4fjgt

The legal team at PBL Law Group author & publish full-length articles at pbl.legal/insights

Learn how to claim compensation and get restitution for private property damage caused by your Owners Corporation. Navigate strata disputes with a knowledgeable strata lawyer.

20/11/2025

Are visitor parking rules or levies your main concern?

Strata parking in NSW is governed by a detailed legal framework that distinguishes between resident and visitor spaces, with significant implications for compliance, enforcement, and financial liability. Understanding these distinctions is essential for owners corporations and residents alike.

Key considerations include:
- 🚗 Resident parking spaces are strictly allocated; unauthorised use of visitor parking by residents can result in NCAT-imposed fines up to $1,100, with higher penalties for repeat breaches.
- 🅿️ Visitor parking is classified as common property and intended solely for guests. Owners corporations may use warning notes, formal notices, or even physical barriers to enforce compliance.
- 💼 The Parking Space Levy Act 2009 (NSW) imposes levies on off-street parking in certain Sydney districts. Resident-only spaces are exempt, but visitor bays are not—recent NCAT decisions confirm visitor spaces in mixed-use buildings are subject to the levy.
- 📋 Owners of leviable parking spaces must comply with strict reporting and declaration obligations to Revenue NSW, ensuring accurate levy assessments and statutory compliance.

Effective management of strata parking requires clear by-laws, transparent enforcement, and a thorough understanding of levy obligations. This protects both the harmony of the community and the financial interests of the owners corporation.

Our expert strata lawyers can assist with interpreting parking by-laws, resolving disputes, and managing parking levy compliance.

Want more details? Check the full article here → https://vist.ly/4fabe

The legal team at PBL Law Group author & publish full-length articles at pbl.legal/insights

Learn how to claim compensation and get restitution for private property damage caused by your Owners Corporation. Navigate strata disputes with a knowledgeable strata lawyer.