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Elly Ashley

Special Counsel - Sydney

Areas of Expertise

Property, Planning & Development

Expertise

Elly specialises in property development including advising in relation to strata and community schemes, preparing and developing appropriate governance title and subdivision structures and drafting master off-the-plan sales contracts and coordinating the sales process.

Experience

Elly’s expertise includes acting for a number of major property developers to assist with residential and mixed-use development projects by advising in relation to:

  • establishment of a strata scheme or community scheme
  • conversion and termination of strata schemes
  • compliance with the strata scheme and community scheme laws
  • drafting and negotiating section 88B instruments, by-laws and management statements for both strata and community schemes
  • site due diligence and acquisitions including acquisitions of crown land and rural land
  • Foreign Investment Review Board approval and regulations
  • finance due diligence
  • drafting off-the-plan contracts and co-ordinating the sales process.

Elly also assists developers, Owners Corporations and Associations with strata and community title NCAT proceedings including proceedings relating to the reallocation of unit entitlements and waiver of initial period restrictions.

Publications

14 September 2021 - Knowledge

Pawproof by-laws: Recent changes to NSW strata laws on keeping pets

#Property, Planning & Development

On 24 August 2021, the Strata Schemes Management Amendment (Sustainability Infrastructure) Act 2021 (NSW) commenced, marking a triumphant day for pet owners in strata schemes.

28 July 2021 - Knowledge

Residential Focus

#Property, Planning & Development

Registered easements are now required for installing ground anchors on a neighbouring property under the Design and Building Practitioners – Particulars for Regulated Designs Order 2021

05 August 2020 - Knowledge

Section 137A and no Mandatory Code Conduct – the new short term letting conundrum strata schemes need to face

#Property, Planning & Development

The commencement of section 137A of the Strata Scheme Management Act presents potential issues that Owners Corporations dealing with short-term rental accommodation could face, especially without the introduction of the Mandatory Code of Conduct.

09 June 2020 - Knowledge

COVID-19 update: Relief for Owners Corporations and Community Associations in NSW

#Property, Planning & Development, #COVID-19

The NSW Government has recently announced its latest COVID-19 reforms – this time focusing on addressing issues that had arisen for strata schemes and community schemes during the health crisis.

02 June 2020 - Knowledge

Can parking in your own car space be considered a nuisance?

#Property, Planning & Development

A recent NSW Supreme Court decision has considered the interpretation of an exclusive by-law and the meaning of nuisance in a parking dispute between a lot owner and the Owners Corporation.

22 April 2020 - Knowledge

Say what you mean! A cautionary tale to drafters of strata by-laws

#Property, Planning & Development

A recent case from NCAT highlights the importance of drafting clear and concise strata-by-laws and serves as a warning to lot owners looking to obtain consent to development applications.

07 April 2020 - Knowledge

Factsheet: Changes to FIRB framework due to COVID-19

#Property, Planning & Development, #COVID-19

The Federal Treasurer has announced temporary changes to the foreign investment review framework to protect Australia's national interest as the country deals with COVID-19. We wrap-up these key changes and summarise the impact of the announced changes on acquisitions of "substantial interests" in Australian entities or business and on land proposals.

29 January 2020 - Knowledge

2020 marks the year for Community Title reform

Once enacted, two new bills will replace the existing community title legislative framework in NSW. We examine the proposed changes. 

20 November 2019 - Knowledge

NCAT reinforces its position on pets in strata schemes

#Property, Planning & Development

In the recent decision of Roden v The Owners-Strata Plan No 55773 [2019] NSWCATCD 61, the NSW Civil and Administrative Tribunal reaffirmed its position that a by-law which entirely bans pet ownership is “harsh, unconscionable and oppressive” for the purposes of section 139(1) of the Strata Scheme Management Act 2015 (NSW).

05 November 2019 - Knowledge

Major changes to off-the-plan contracts set to take effect

#Property, Planning & Development

Significant changes to the legislative regime regulating off-the-plan contracts will commence on 1 December 2019. These changes will limit the flexibility of a developer to change or adjust key elements in the development over the life of the project.

Upcoming Seminars