It’s becoming increasingly common for strata meetings to be recorded.
So what happens when a person announces that he or she intends to record a strata meeting and some of those present object to the meeting being recorded?
Is it legal to do so? The answer might surprise you.
To read the full article click here now – Recording Strata Meetings
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
New strata by-laws allowing pets in units, managing illegal parking and curbing smoking on apartment balconies are part of the biggest overhaul of strata laws in more than 50 years. Set to come into play 1 July this year, what do they mean?
Pets
The new changes to pet strata by-laws will have an impact on people living with pets. Under the current model there are 3 options and these will change come 1 July. The current options are:
Note: Currently if the owners corporation chooses no option it will default to option 1.
What happens post 1 July?
The new strata by-laws will not remove a scheme’s ability to make its own rules about pets. However, if the new model by-law is adopted, the request to keep a pet cannot be unreasonably refused. If the owners believe approval was unreasonably withheld, they can apply to the Tribunal.
For more information – Fair Trading Strata Law Reforms
Parking
Drivers who illegally park in visitor bays of strata communities could soon be slapped with $550 fines by the City of Sydney Rangers if a plan to crack down on non-approved parking takes hold.
This strata reform will assist to reduce one of the most common disputes concerning unauthorised parking by residents misusing visitor parking spots, or outsiders with no connection to the strata scheme parking on common property without prior approval.
So, how will it work?
A scheme will need to enter into an agreement with an authorised council which will allow them to enter the property, erect signage and issue fines. It’s not mandatory; schemes have a choice as to whether they wish to enter into such arrangements.
For more information read – Better Parking Control
Support for smoke-free multiunit living is on the rise, particularly with people living with children and it’s predicted that it’s only a matter of time before most strata buildings go smoke-free.
The NSW Government has said that the new strata laws would make clear that smoking and second-hand smoke exposure could constitute a nuisance that could be outlawed.
How can it be imposed?
Simply, an owners corporation can make a strata by-law banning smoking throughout an entire strata building. Orders can also be made against residents who smoke or allow their cigarette smoke to drift into other units, and landlords can be held liable to their tenants for second hand smoke exposure.
To read the full article written by partner, Adrian Mueller click here – Wake up and Smell the Smoke
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.
From the entire JS Mueller & Co team we wish you a Safe and Happy Festive Season!
We are taking a short break from the 23rd December 2015 and returning on the 11th January 2016.
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266 and we’ll get back to you following our break.
In September 2015 the JS Mueller & Co team presented at a forum to the strata industry the new proposed strata laws.
Since the forum, it has been announced that the new strata laws will come into operation on 1 July 2016.
On 29 Oct 2015, the New South Wales Parliament passed the new Strata Schemes Management Bill 2015 and the Strata Schemes Development Bill 2015.
Papers and presentations are available to view here:
JS Mueller & Co Forum Presentations_Sept15
JS Mueller & Co Forum Papers_Sept15
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
The recent media attention concerning smoking in strata buildings reached a fever pitch when NCAT ordered the landlord of a strata unit in Potts Point to pay compensation to his tenant.
The NSW Government said that the new strata laws would make clear that smoking and second-hand smoke exposure could constitute a nuisance that could be outlawed.
So, what can be done about smoking in strata buildings? Can smoking be prohibited? Perhaps a smoking by-law, let’s find out.
For more information read – Smoke Drift By-laws
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
On 29 Oct 2015, the New South Wales Parliament passed the new Strata Schemes Management Bill 2015 and the Strata Schemes Development Bill 2015. These new laws will come into operation on 1 July 2016.
The new legislation contains around 90 changes to the existing laws, some of which are said to be controversial, and only time will tell what effect it will have on the strata landscape in NSW.
Minister for Innovation and Better Regulation, Victor Dominello, said in his contribution to the debate: “Today more than two million people live and work in strata. The new laws will cater for the needs of 21st century strata living,”
He further stated that: “The new laws will modernise collective decision making processes, increase protections against unresolved building defects and improve outdated regulation impacting on renovations.”
Like any Act of Parliament, there are regulations that work hand in hand with the Act. Public consultation on the draft regulations to accompany the new Acts, including model by-laws, will commence in early 2016. When that consultation begins we will provide more information about the proposed regulations.
Further information: www.fairtrading.nsw.gov.au
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
JS Mueller & Co partner and strata law expert, Adrian Mueller, shares the following case Frankel – v – Patterson [2015] NSWSC 1307 with LookUp Strata Newsletter.
For more information read – Pet By-laws
Short term lettings might void strata insurance policies leaving no cover for property damage caused to strata apartments and common property by unruly tennants.
This issue came to the fore again last month when a Canadian couple returned to their property to discover it had been wrecked by visitors who had booked the property via the popular Airbnb site.
Unfortunately, short term lettings of strata units are becoming a major contributor to building disharmony with the current law not providing effective solutions.
At JS Mueller & Co we believe each building is different and that the problem of short term lettings can only be dealt with properly by way of specific by-laws giving owners corporations greater powers to deal with the problem.
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
Short term tenancies have long posed problems for community living. The problem most commonly arises in communities where there is a mixture of permanent residents and short term tenants. Issues of noise, damage to common property and inappropriate behaviour are often attributed to short term tenants. Short term tenants vary from backpackers to holidaymakers to short term workers.
Strata schemes have tried to both regulate short term tenants and prohibit short term tenancies by use of by-laws.
Effectively regulating the behaviour of short term tenants has proved difficult. Short term tenants are exactly that, short term, and are not generally around long enough to be effectively subjected to the laborious and lengthy procedures set out in the Strata Schemes Management Act 1996 (“the Act”) for enforcement of by-laws.
Click below to download the presentation and full paper on Short Term Tenancies from our April 2015 seminar:
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
What sort of renovations require a by-law?
Renovating an apartment, as opposed to a house requires a different set of approvals, the most obvious is the fact that you have a share in the land along with the other residents. Everything you do inside your own apartment has some effect on everyone else.
There are laws, rules and regulations governing this, known as strata title, and owners corporation so it pays to ensure that you understand what type of renovations require a by-law.
Click below to download the presentation and full paper on Renovation By-laws from our April 2015 seminar:
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.