The marvels of modern technology: Consolidated Strata By-Laws will soon be ready for electronic registration.

The Office of the Registrar-General has updated its guidelines on the dealings that will be able to be lodged for registration electronically.

The updated guidelines reveal that by the end of April 2020 it is anticipated that Consolidation/Change of By-Laws and Change of Address of Owners Corporation forms will be able to be lodged for registration electronically.

These dealings will only be able to be lodged electronically through an Electronic Lodgement Network Operator (ELNO).

Our firm has arrangements with an ELNO which will enable us to lodge Consolidated Sets of Strata By-Laws and Change of Address of Owners Corporation forms electronically with NSW Land Registry Services from the end of April onwards.

The Registrar-General’s updated guidelines indicate that it is expected that all strata dealings will be able to be lodged for registration electronically by the end of 2020.

The ability to register these documents electronically will streamline and speed up the registration process and is a welcome development.

If you want to know more about our by-law registration services, please do not hesitate to get in touch with us.

For NSW strata legal, building defect and levy collection advice contact us here or call 02 9562 1266, we’re happy to assist.

Special Arrangements made with NSW Land Registry Services to register consolidated by-laws.

 The Strata Schemes Management Act 2015 requires every owners corporation to keep a consolidated up to date copy of the by-laws for its strata scheme.  However, there is nothing in the Act which requires an owners corporation to register the consolidated set of its by-laws.

The only time an owners corporation needs to register a consolidated set of by-laws is when it resolves to make a change to its by-laws.  In those circumstances, the consolidated set of by-laws incorporating any changes to the by-laws must be lodged for registration within six months of the meeting at which the changes are approved.

The requirement for every owners corporation to keep a consolidated up to date copy of its by-laws was introduced on 30 November 2016 on the commencement of the Strata Schemes Management Act 2015.  Since then, most owners corporations have not made any changes to their by-laws as a result of which they have not registered their consolidated by-laws.  This means there is no public record of a consolidated set of by-laws for most owners corporations.

Up until recently, NSW Land Registry Services was reluctant to register a consolidated set of by-laws where it did not record any changes to the by-laws.  In other words, NSW Land Registry Services often would not permit an owners corporations to register a consolidated set of by-laws unless it had made changes to those by-laws within the last six months.  This has made it more difficult for owners corporations to register consolidated by-laws to ensure there is a public record of those by-laws in a consolidated form.

We have recently made arrangements with NSW Land Registry Services to allow an owners corporation which wants to register a consolidated set of its by-laws (even though it has not made any changes to its by-laws) to do so.  This will enable many owners corporations to register their consolidated by-laws to ensure there is a public record of them even though they have not made any recent changes to their by-laws.  If you would like to know more about these special arrangements, please do not hesitate to contact us.

For NSW strata legal, building defect or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.

Thank you Strata for your support during 2019.
To contact us during this period please leave a message and we’ll get back to you on our return.

There are many strata managers who are preparing and registering consolidated sets of by-laws for the strata schemes they manage.

We have recently come across several by-law consolidations prepared by strata managers that contain critical and costly errors.

In many cases, the professional indemnity insurance policies held by strata managers may not cover the negligent preparation of consolidated by-laws.

Here are some examples of mistakes we have seen… By-law Consolidations – When they go Wrong?

CLICK HERE FOR HELP WITH YOUR BY-LAW CONSOLIDATIONS!

In at least two recent cases, NCAT has decided that “no pets” by-laws are invalid.

Are strata pet by-laws banning the keeping of pets no longer worth the paper they are written on?

What about the basic habitation rights of owners who want to live in a “pet free” building?

Where does this leave “no pets” buildings?  Pet By-laws – Is it the End of No Pets By-laws?

Need a pet by-law or some advice contact us now!

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.

The NSW Government proposes to change the laws regulating short term accommodation in NSW.

Recently, the key aspects of those new laws were published for public comment and submissions. The submission period has now closed.

In this article we take an in-depth look at those proposed changes to the laws regulating short term accommodation.

We consider the impact those changes will have on strata laws and planning laws (and strata living) and also review the key features of the Code of Conduct that will regulate participants in the short term accommodation industry.

What are the Proposed New Laws for Short Term Rental Accommodation?

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.

We recently reported about an NCAT case in which a lot owner was ordered to remove CCTV cameras she unlawfully installed on the common property of a strata building in breach of the by-laws and strata laws.

But what happens when a next door neighbour (who is not bound by the by-laws and strata laws) installs a CCTV camera that peers into your home?

What can you do about that? Can you force your neighbour to remove or reposition their CCTV camera?

Read here to find out: Strata and Invasion of Privacy by CCTV Cameras

For NSW strata legal or levy collection advice contact us here or call 02 9562 1266, we’re happy to assist.

The NSW Government is currently implementing a new regulatory framework for the short-term rental accommodation industry.

1. The framework includes:

• Changes to planning laws
• A mandatory code of conduct
• Introduction of an industry-led register of short-term rental accommodation properties

2. The NSW Government is seeking feedback on the following:

• Draft ‘Code of Conduct for the Short-Term Rental Accommodation Industry’ (the Code) that will apply to hosts, guests, online booking platforms and letting agents
• Draft Fair Trading Amendment (Code of Conduct for Short-Term Rental Accommodation Industry) Regulation 2019 that will support the Code’s implementation
• Proposed introduction of an industry-led short-term rental accommodation property register
• Draft planning instruments, which will allow residential premises to be used for short-term rental accommodation under certain conditions and provide a state-wide definition of short-term rental accommodation

3. Have your say on the short-term rental accommodation reforms.

• For more information visit the Department of Planning, Industry and Environment website.
• Any feedback must be submitted by 11 September 2019, simply click on the button below

PROPOSED LAWS – HAVE YOUR SAY HERE!

For all strata legal and levy recovery advise contact us here or call 02 9562 1266 we would be happy to assist.

A recent newspaper article concerning a Sydney residential complex where children have been banned from using a swimming pool within that complex, got us interested in taking a look at the extent to which the by-laws of a strata scheme or community scheme can be used to exclude children from using certain shared facilities in that scheme.

In the attached paper we reviewed the following areas concerning children, by-laws and shared facilities:

• Can children be excluded from shared facilities in a strata building or community scheme?
• For what matters can a strata by-law be made?
• Limitations on the matters of which a strata by-law can be made
• Model by-laws restricting children
• The position in NSW, Qld and Vic
• Community Scheme by-laws – A different position?
• Where a by-law is inconsistent with Anti-Discrimination legislation and discriminates against children on the grounds of age – Are these principles applicable to owners corporations?

So, can children be excluded from shared facilities? Children and By-laws in Strata and Community Schemes

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.

The NSW Supreme Court has recently handed down a decision in regards to common property that will have a considerable impact on the practice of strata managers across the State. The Court’s decision answers the following often asked questions:

• What type of resolution does an owners corporation need to pass in order to replace an item of common property?
• Is the replacement of an item of common property a repair that can be authorised by an ordinary resolution?
• Or does a decision to replace an item of common property need to be made by special resolution because the replacement of the item will improve or enhance the common property?

What was the outcome of this recent case that involved a dispute between the owners of an apartment building on a waterfront in Sydney’s Eastern Suburbs… Replacing Items of Common Property in Strata?

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.