New Rules on Strata Meetings and Voting

Under the new strata regulations, proxy voting will prevent any individual attempting to control owners’ decisions by obtaining a majority of proxy votes.

The number of proxy votes able to be held by one person will be limited to:

  1. Schemes – 20 lots or less

For schemes with up to 20 lots, a person will be permitted one proxy vote.

  1. Schemes – more than 20 lots

For schemes with more than 20 lots, a person will not be able to hold proxies for more than 5% of the total number of lots in that scheme (rounded down to the nearest whole number).

There is also an introduction of remote voting meaning owners need not be in the same country, let alone the same room, to cast a vote.

Telephone, video conferencing, email voting and even a voting website will all be permissible, with the approval of the owners corporation or strata committee.

Click here to read the full article – New Rules on Meetings and Voting

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




Be Ahead of the Pack with Meeting & By-law Templates!

The new strata legislation is set to commence on 30 November 2016.  Will you be ready?  Why not be ahead of the pack!

Introduction

The Strata Schemes Management Act 2015 will introduce new laws dealing with meetings, building works, electronic voting and proxy farming.  We have developed meeting notice and by-law templates that deal with each of these new areas:

AGMs

The new Act contains additional requirements for AGMs. This means notices for AGMs need to contain additional motions and further information. And some of the motions you already include in an AGM notice will change. We have developed a template AGM notice which covers the matters required under the new Act. Our AGM notice also includes explanatory notes and information that will need to accompany the meeting notice such as the strata manager’s report as to commissions and a call for nominations for members of the strata committee.

Building Works

The new legislation deals with three different types of building works that will affect common property: cosmetic work, minor renovations and major renovations.

Cosmetic Work

Under the new laws, owners will not need to obtain the approval of an owners corporation to carry out cosmetic work. And an owners corporation will be able to make a by-law identifying additional work that is able to be considered cosmetic work which does not require approval.  We have prepared a by-law that identifies the additional types of cosmetic work and lays down rules owners will need to follow when carrying out that work.

Minor Renovations

The new laws will also allow owners to carry out minor renovations that affect the common property. Minor renovations will only require the approval of an owners corporation to be given by ordinary resolution. A special resolution will no longer be required for minor renovations. The new laws also allow an owners corporation to identify types of minor renovations and delegate to the strata committee the power to approve minor renovations.  We have developed a by-law that does just that and sets out clear rules for owners to follow before, during and after minor renovations.

Major Renovations

The new legislation also deals with major renovations.  We have developed a by-law that comprehensively deals with major renovations. That by-law contains all of the bells and whistles that are required to regulate major renovations in a strata building.  Using that by‑law takes the hard work out of the approval process and allows you and the owners corporations you manage to focus on the key decision of whether it is appropriate to approve an application for permission to carry out major renovations and not have to worry about the conditions of approval.

Electronic Voting

The new legislation will permit an owners corporation and strata committee to allow votes to be cast by electronic means whilst owners and committee members participate in meetings remotely.  But the legislation does not set out the rules that will apply to e-voting.  Nor does the legislation make clear whether or not an owners corporation and strata committee will need to pass a resolution each year to approve e-voting.  We have prepared a by-law that lays down clear rules concerning e-voting during meetings so that stakeholders will know where they stand.  Our by-law will make it easier to facilitate e-voting during meetings of an owners corporation and strata committee.

Proxies

The new legislation contains anti-proxy farming laws. These laws will prohibit a person holding more than one proxy (for a strata scheme containing up to 20 lots) and from holding proxies greater than 5% of the total number of lots (for schemes that have more than 20 lots).  But the legislation does not say what will happen when a person holds more than the maximum number of proxies.  Which proxies will be used and discarded?  And who gets to make that decision?  We have developed a by-law that will answer these questions.  Our by‑law lays down clear rules that will need to be followed by stakeholders where a person holds too many proxies and a decision needs to be made as to which proxies will be used and which proxies will be jettisoned.

Act Now

Be ready for the new legislation.  Act now.  We are offering the AGM notice and by-laws we have developed that deal with these new topics at competitive prices.  We invite you to contact us to discuss the by-laws and obtain pricing information.

Click here for pricing on Strata By-law and Meeting Notice Templates.

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




Are You Prepared for the New Strata Laws?

October 2016 the JS Mueller & Co team presented to the strata industry on the new strata laws ‘Are you Prepared for the New Strata Laws?’ This is in preparation for the new Strata Schemes Management Bill 2015 and the Strata Schemes Development Bill 2015 due to commence 30 November 2016.

The JS Mueller and Co team presented:

  • James Moir: Works By-laws – How will they operate under the new laws?
  • Adrian Mueller: Meetings – What are the changes under the new laws?
  • Faiyaaz Shafiq: Levy Collection – Procedural changes under the new laws?
  • Anna Minassian: Building Defects – What impact will the new laws have?
  • Trish Smith: LevyCollect – How can it benefit you?

Please click below to view presentations and papers:

JS Mueller & Co New Strata Laws Forum Presentations_Oct16
JS Mueller & Co Forum Papers_Oct16

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

 




Is Change in the Air for Short Term Lettings?

There has been considerable recent media coverage concerning proposed changes to laws regulating short term lettings in apartment buildings in NSW.

Many in the media are saying that owners corporations are going to lose the right to prohibit short term lettings in their buildings. Is that right? What does the NSW Government really have in store for short term lettings?

To read the full article – Short Term Lettings – Changes in the Air

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




Will NSW Parliament Legalise Short Term Letting?

Is the NSW Parliament about to legalise short term holiday lettings?

It’s proposed that some types of short term holiday lettings should become legal in NSW without needing the approval of the local council or the owners corporation if the City of Sydney has its way.

View the full article here now – Short Term Letting Changes

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




111 Days until a New Era for Strata! Will you be ready?

The new strata laws will commence on 30 November 2016. Will you be ready?

To help you get ready, the team at Muellers will be running training seminars across Sydney in September and November 2016.

We will explain the most important aspects of the new strata laws and tell you what you need to know to be ready come 30 November.

We will review the new laws concerning strata managers, by-laws, renovations, NCAT, building bonds, collective sales and more.

Look out for the invitations to our training seminars as places are limited and will book out quickly.

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




Like Some Tobacco or a Snag… Anyone?

Come November 2016, throwing a snag on the barbie or having a puff on a ciggie could be considered a ‘nuisance or hazard’.

Under the new strata reforms owners corporations will be able to enforce a ban by issuing a notice to comply with smoke drift, such as that from tobacco and barbecues, under the by-law changes.

Fines

If the barbequer or smoker fanatic fails to comply the matter could be taken to NCAT, who has the power to issue fines of up to $1,100 (double that of the old laws) and if the offender repeats the offense within 12 months, double it again – $2,200.

The owners corporation will be able to take action against offenders rather than leaving this to individual owners.

By-laws

The proposed model by-law provides 3 options:

  1. Smoking in a lot is permitted but there must be no smoke penetration into any other lot or the common property.
  1. Smoking in a lot is permitted but there must be no smoke penetration into any other lot or the common property. Smoking on the common property is also permitted but only in either designated smoking areas or with the written permission of the owners corporation.
  1. Smoking in a lot is permitted but there must be no smoke penetration into any other lot or the common property. Smoking on common property is expressly prohibited.

It’s also important to note that there are currently no options in regards to the complete ban on smoking in schemes.

Also, any new model by-laws generally do not apply to existing schemes. They’ll only apply to strata schemes registered after the commencement of the 2015 Act if and that’s if the developer chose the option to go with model-by-laws.

For more information visit NSW Government Fair Trading.

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

About JS Mueller & Co

JS Mueller & Co has been servicing the strata industry across NSW for almost 40 years. We are a specialist firm of strata lawyers with in depth and unmatched experience in, and comprehensive knowledge of strata law and levy collection. We are here to assist you every step of the way.




News Flash Staff Announcements

Today, we officially announce changes to the JS Mueller & Co team effective as follows.

Retirement
It is with mixed emotions that we announce the retirement of Bruce Bentley, partner of JS Mueller & Co, effective 30 June 2016.

New Partner
We are also proud to announce the appointment of Adrian Mueller to partner, JS Mueller & Co, effective 1 July 2016.

“We’ve been providing a range of exceptional, professional strata legal services for over 30 years. Our success is due to our in-depth experience and comprehensive knowledge of strata law and we will continue to deliver our first class service to clients”, said Jeffrey Mueller, partner JS Mueller & Co.

We are continuing to build our team with expertise in the property and strata areas.  As our firm expands and grows, we will keep you up to date with the latest developments.

To read the full article please click here – Muellers Strata Lawyers Announcement

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




The New Strata ‘Top Ten’ That Will Make a Difference!

Over 90 new strata laws will come into play later this year and of the 90 these are some changes that will most likely make a difference to your everyday.

1. Parking

Owners corporations will be able to reach agreements with local councils to allow parking officers into their schemes to issue fines to rogue parkers. Not only rogue parkers but residents who park over the lines of their parking spaces on to common property or leave their cars in visitor parking (however briefly) could also be ticketed. Read more here.

2. Fines

Almost all fines will be paid to the owners corporation, but this won’t be a cash cow for over-zealous committees; they still have to go through the same tribunal process. Read more here.

3…to read the new ‘top ten’ click here – New Strata Laws – Top 10

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

About JS Mueller & Co

JS Mueller & Co has been servicing the strata industry across NSW for almost 40 years. We are a specialist firm of strata lawyers with in depth and unmatched experience in, and comprehensive knowledge of strata law and levy collection. We are there to assist you every step of the way.




Out With the Old and in With the New!

In May 2016 the JS Mueller & Co team presented a forum to the strata industry on the new strata laws ‘Out with the Old and in with the New’. This followed the recent announcement that the New South Wales Parliament passed the new Strata Schemes Management Bill 2015 and the Strata Schemes Development Bill 2015.

JS Mueller and Co senior lawyers presented:

  • James Moir: Works By-laws – How will they operate under the new laws?
  • Adrian Mueller: Meetings – What are the changes under the new laws?
  • Faiyaaz Shafiq: Levy Collection – Procedural changes under the new laws?
  • Bruce Bentley: Termination & Renewal of Strata Schemes – What impact will the new laws have?

Please click here to view papers and presentations:

JS Mueller & Co Forum Presentations_May16
JS Mueller & Co Forum Papers_May16

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