Ever bought into a body corporate only to realise later there was a by law that restricted you from making improvements? This lot owner bought into a gated estate called 'The Peninsula' situated off the back of Saltwater Creek in Helensvale, Gold Coast. The lot owner had no idea that the by laws, which are integral to any body corporate community living, contained a by law with an architectural and construction code which was quite specific. It included rules concerning the erection of fences, retaining walls and the use of vibrant colours on the exterior of homes. Unfortunately for this lot owner he had no idea and erected a fence that was in breach of the by laws because of the specific material he used which was prohibited under the by laws. Ignorance is not bliss! And pleading lack of knowledge or the fact that he was following other lot owners in the complex, was not an excuse for him to breach the by law. The lesson here is, check those by laws before buying your unit, townhouse or house in a community title scheme. At least the Tribunal did not award costs against the lot owner. I cannot speak to the mind of the Tribunal members or Adjudicator, but suffice to say, they must have accepted some form of ignorance on this part.
https://www.youtube.com/watch?v=M7IhKq9zKMA
Despina firmly believes that being in the privileged position of a solicitor that she gives back to the community when she can. This has been transcended into her weekly radio show 'Talking Law' that is broadcast on the Gold Coast each Thursday on 104.1FM Gold Coast/Tweed & 103.5FM Northern Rivers and has been going strong now since 2020. Despina talks about various hot topics at local, state and federal level, and answers the questions that ordinary Australians want to hear. And the best part, it is free. Despina is not paid for her time on air and she enjoys the fact she can give back to the community in this manner. Knowledge is power and her radio show is very much about empowering the ordinary Australian with information that they should be aware of to help them in every day life. Despina has a very big following on air and online with a facebook community page for the radio station and is always happy to talk with listeners off air.
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DISCLAIMER: The information discussed within the Talking Law videos is general in nature only and is not intended to be comprehensive, nor does it constitute legal or other advice in anyway, and should not be relied upon as such. The information is intended only to provide a summary and general overview on matters of interest and it is not intended to be comprehensive. You should seek legal or other professional advice before acting or relying on any of the content herein.
Posted By Despina Priala
Despina Priala has practised in property and commercial law on the Gold Coast for over 25 years and has extensive experience in this area.
Updated : 24th March 2023 | Words : 225 | Views : 129
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