77 Tamarind Avenue Bogangar

Verdict

Cost exposure

• Serious building-defect rectification

  Indicative per-lot serious-defect rectification levies (NSW Serious Defects in Residential Apartments research report, 2021; strata special-levy reporting). Scaled for: 2 matters.

  $32,700

• Tribunal and legal costs

  Indicative per-lot share of tribunal and legal costs in a strata dispute (NCAT). Scaled for: 7 matters.

  $6,300

Litigation · 7 matters

• Trentelman v The Owners – Strata Plan No 76700 [2021] NSWCA 242

  Management and meetings NSWCA 13 October 2021

  ESTOPPEL – proprietary estoppel – encouragement – nature of promise – strata title – promise of easement – whether representation sufficiently clear – where representation made at general meeting – where representation did not define the interest in property the representee was expected to receive – where further documentation was required to be executed to give effect to the representation ESTOPPEL – proprietary estoppel – encouragement – detrimental reliance – strata title – promise of easemen

• The Owners – Strata Plan No 76700 v Trentelman (No 2) [2021] NSWCATAP 268

  Costs and procedure NSWCATAP 10 September 2021

  COSTS - no question of principle

• Trentelman v The Owners – Strata Plan No 76700 [2021] NSWCATAP 222

  Levies and contributions NSWCATAP 21 July 2021

  APPEAL – strata scheme – reallocation of unit entitlements – application to vary past contributions in line with new allocation of unit entitlements – application of s 87 of Act – denial of procedural fairness – exercise of discretion – while error of law found no error in exercise of discretion

• The Owners – Strata Plan No 76700 v Trentelman [2021] NSWCATAP 205

  Costs and procedure NSWCATAP 9 July 2021

  APPEALS — procedure — time limits — extension of time — principles — delay of two years — no question of principle

• Trentelman v The Owners – Strata Plan No. 76700 [2021] NSWCATCD 73

  Management and meetings NSWCATCD 11 June 2021

  LAND LAW — Strata title — Strata managing agent — Auditor

• Trentelman v The Owners – Strata Plan No 76700 [2021] NSWCA 62

  Costs and procedure NSWCA 19 April 2021

  PRACTICE - stay of execution pending appeal - appropriateness of interlocutory relief - appeal concedely reasonably arguable - whether appellant had established significantly greater prospect of success - balance of convenience - application for stay pending appeal refused

• Trentelman v The Owners - Strata Plan 76700; The Owners - Strata Plan 76700 v Trentelman [2021] NSWSC 155

  Management and meetings NSWSC 26 February 2021

  CONTRACT – formation and validity – proposal by owner of development lots to convert lots into non-strata blocks and build townhouses of specified height – cooperation of strata corporation required – development lot owner promised proposal would result in continuing access for strata owners to swimming pool on her land – resolution passed at general meeting – no contractual effect ESTOPPEL – proprietary estoppel – encouragement – detrimental reliance – whether lot owner’s promise made to strata

Decisions naming this scheme, from NSW Caselaw (NCAT and the courts). The quoted line beneath each is the decision's own catchwords; the topic tag is our grouping of those words. Whether a matter helped or hurt the scheme is not assessed here.

Statutory-warranty outlook

Structural cover

Likely expired · est. expiry 16 March 2013

Non-structural cover

Ran to 16 March 2013

A single 7-year warranty period applies because the scheme was registered before the 1 February 2012 reform. Estimated from the registration date, not the completion date or building contract, so treat the dates as indicative.

Evidence ledger

What was checked, what it found, how strong the match, and when each source last ran. A source that has not run here yet reads as not checked, never as checked and clear.