We Love Sharing Our Strata Knowledge…

Thanks Strata, as a wrap up here are some useful links from 2017…

We’re taking a break from 5.30pm 21 December 2017 and returning on 15 January 2018.

We wish you and your families a safe and happy ‘Festive Season’ and look forward to working with you in 2018.

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




The 5 Biggest Impacts of the New Strata Laws

One year later… what are the 5 biggest impacts of the new strata laws?

In this interview with LookUpStrata, Adrian Mueller, partner, JS Mueller & Co addresses the top 5 new strata laws and the changes to owners corporation fines and how they’ll affect you.

Click on the video below to view Adrian’s interview with Nikki from LookUpStrata as he discusses the following:

  1. New Strata Laws in Relation to the Way in which Owners will be Able to Vote at Strata Meetings
  2. Prohibition on Proxy Farming
  3. Renovations
  4. Undesirable Habits
  5. Removing Abandoned Goods

And, body corporate fines and the 3 main changes.

The full article can be viewed at LookUpStrata.

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




SMH Talks ‘Flaws in the New Strata Laws’ with Muellers

Sydney Morning Herald (SMH), Domain talks with Adrian Mueller, partner, JS Mueller & Co Strata Lawyers about gaping loopholes in the new strata laws.

Read the full Sydney Morning Herald (SMH) article here.

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




NCAT Confirms that it Cannot Impose Penalties

In a recent decision, NCAT has confirmed that it does not have power to impose monetary penalties on persons who breach orders made by NCAT.

This decision highlights an important flaw in the new strata legislation which needs to be fixed.

Read on to find out more – NCAT Strata Disputes Floors and By-laws.docx

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




NCAT Rules Against Short Term Lettings

In a recent case, NCAT ruled against a short term letting by-law being passed for a Sydney apartment block.

So, was NCAT’s decision wrong?

Can an owners corporation pass a by-law that bans short term letting?

Read on to find out: NCAT Rules Against Short Term Letting By-law

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




Template and Fixed Fee Strata By-laws

Be aware that the deadline for owners corporations to review their by-laws under the new Strata Schemes Management Act 2015 is fast approaching with only 66 business days remaining.

The Act states that owners corporations have 12 months to review and register any current by-laws. This means every owners corporation must review their by-laws by the deadline of 30 November 2017.

For the next 66 business days, owners corporations that have not already done so are meant to consider whether to:

  • Introduce new by-laws
  • Amend any existing by-laws
  • Repeal any by-laws

At JS Mueller & Co we have done hundreds of by-law reviews since the commencement of the new Act. We often recommend that new by-laws should be considered for the following topics:

  • Airbnb
  • Smoking
  • Minor Renovations
  • Major Renovations
  • Common Property Memorandum
  • Proxies
  • Electronic Voting

Plan Ahead NOW. Don’t wait until it is too late.

Fixed Fee By-laws

Get your by-law review done now.We can review your by-laws in detail, suggest amendments to the existing by-laws and recommend new by-laws. We do all of that for a fixed fee. for your fixed fee by-laws.

Click here NOW for a fixed fee by-law review.

Template By-laws

We have developed a range of by-laws that cover various topics.

Order a copy of our by-law templates here NOW Strata By-law Templates

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




To Vote or Not to Vote – That is the Question?

Does a strata committee have the power to make decisions on behalf of an owners corporation?

Should you save yourselves a vote next time a clause in a by-law or a condition in an agreement refers to the approval of the owners corporation?

To vote or not to vote read on to find out Strata Voting and Meetings

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




Supreme Court Quashes NCAT Decision

An NCAT decision allowing a lot owner to keep unauthorised renovations was recently overturned by the Supreme Court.

In doing so, the Court confirmed that an owners corporation must act unreasonably before NCAT should overturn a decision of an owners corporation not to allow an owner to keep unauthorised alterations to common property.

Read on to find out why Supreme Court Quashes NCAT Decision to Allow Unauthorised Works

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




Owners Corporations, The Deadline is Looming!

Are you aware that it’s now less than 12 months before owners corporations must comply with another new law?

That’s right, in NSW, window locks must be installed on windows by 13 March, 2018. Otherwise, owners corporations will face hefty fines if requirements are not met by the due date.

According to Westmead Children’s Hospital around 50 children fall from windows and balconies every year. To reduce the risk of these incidents occurring the Strata Schemes Management Act (for existing buildings) and the Building Code of Australia has been amended (for newly constructed buildings).

To ensure you comply by the due date we suggest taking this approach:

  • Make it a priority – ensure it’s an agenda item at your next meeting
  • Determine if a window lock by-law is required
  • Obtain a child window safety report, this will determine what windows require locks
  • Review window lock options to determine what the best options are for the building and its residents
  • Obtain window lock quotes and approval for works to be carried out
  • Complete the required installations
  • Ensure that a ‘Certificate of Compliance’ is obtained from the installer

Did you also know?

  • Lot owners may install window safety devices in their property at any time, but they must advise the owners corporation and, if you have a by-law in place lot owners must comply.
  • Tenants must get written permission from their landlord before installing any locks that require drilling to install them. If any landlords refuse the tenants installing locks they must provide a valid reason.

Remember, leaving it to the last minute places your scheme at risk of not complying by the due date. So, to avoid incurring a hefty fine, ensure it’s an agenda item at your next meeting (if you haven’t already done so).

For further information on the new window lock requirements visit – Fair Trading NSW.

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




Is Fair Trading Wrong? Are Anti-Airbnb By-laws Valid?

Recently, NSW Fair Trading modified its well known “Strata Living” handbook to indicate that by-laws prohibiting short term lettings are invalid.

But, has Fair Trading got it wrong? Are anti-Airbnb by-laws valid?

For further details please click Short Term Letting and Fair Trading

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