• 11 Steps to Combat Short Term Letting

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

As the notion of living a healthy lifestyle continues to become increasingly prominent within contemporary society on a global scale, smoke-free environments are now being enforced in the form of strata by-laws.

While it is clear that Australia adopts strict smoke-free regulations within public areas and indoor workplaces, restrictions within apartment buildings and/or other multi-unit residencies are a fairly new phenomenon. This can be attributed to the increasing growth of community concern in relation to the harmful health effects that arise as a result of exposure to second-hand tobacco smoke.

Should strict by-laws be adopted?

One of the primary justifications as to why smoke-free strata by-laws have come into effect is due to the drifting of second-hand smoke into non-smoking residential property. The Cancer Council NSW offers a ‘Smoke Free Apartment Living Kit‘ and  substantiates such claims by informing community members that their concerns are valid by stating “Scientific studies have measured significant levels of tobacco smoke contaminants in the apartments of non-smoking residents who live in a building where people smoke in other parts of their building”.

Smoke has a tendency to drift throughout a building within apartment lots and common property. Drifting may occur through various mediums including but not inclusive to air conditioning systems, stairwells, balconies and elevator shafts. Resultantly, individuals living within apartments and other multi-unit residencies are placing pressure on owners corporations to pass strata by-laws to prohibit smoking and encourage living in a smoke-free environment.

If smoke-free strata by-laws do come into effect there is no doubt that various positives are apparent. For example, non-smoking individuals will have a reduced exposure to second-hand tobacco smoke and thus reduce the possibility of encountering potential health risks such as asthma. Financial benefits are also evident as smoke-free environments contribute to a reduced risk of fire and cigarette related damage including burn marks on furniture, benches, carpets and walls; equating to reduced cleaning and maintenance costs. Most importantly, individuals living within a smoke-free environment may feel peace-of-mind within a residency that takes preventive measures to improve the health of all.

Or…should people have a right to smoke?

On the contrary, smoke-free by laws have sparked a great deal of fury, particularly towards individuals who prefer to adopt a smoking lifestyle. Smokers believe that such by-laws take away a right of one group at the expense of another and feel it is a denial of their legal rights, believing they should have a right to smoke within the boundaries of their lot. Subsequently, many questions raised include: Are my legal rights infringed? Will a designated smoking area be provided? Can a balance between smokers and non-smokers be struck? & How do I know if I live in a smoke-free environment?

Adrian Mueller, specialist strata lawyer with JS Mueller & Co, says, Strata buildings have the ability to enforce by-laws prohibiting smoking. Existing strata schemes that do not have smoke-free by-laws can bring them in, but only if a 75% majority vote is obtained ”.

Adrian continues by saying, “There are available options to address the problem of smoke drift within apartment blocks. The level of detail within a strata by-law prohibiting smoking will vary due to individual circumstances.  The by-law might ban smoking on any or all of the common property, a lot’s outdoor areas and even a lot’s indoor areas.”

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

Owning a home once remained a priority within the hearts of Australians, recent societal findings reveal that it is no longer a requirement for many.

Demanding lifestyles including raising children, working, studying and fulfilling many other daily routines has created a culture where time is of the essence.

As the shift to apartment living increases, strata title developers are increasingly creating convenient, cost-effective and aesthetically pleasing designs for consumers. With developments such as Barangaroo and the Toga Group apartments within Chatswood and West Ryde, increased apartment style living is inevitable. 

Please click here to read the full article – Satellite Cities will be the Future for Metropolitan Areas

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

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 2014 and returning on the 12th January 2015.

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266 and leave a message and we will get back to you on our return.

FAST-TRACK YOUR BY-LAWS – For almost 40 years JS Mueller & Co has proudly built a reputation for providing superior strata legal services.

Our highly-skilled team of specialist strata lawyers has unparalleled knowledge and experience of the strata law that allows us to respond to your by-law requests within 7 days*.

Click here for more information – 7 Day Strata By-laws*

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

Key reforms to support residents living in nearly 2,200 community, neighbourhood and precinct schemes in NSW have been unveiled in a new community schemes law reform position paper.

A snapshot of the proposed changes includes:

• Helping associations to monitor and fund property maintenance by requiring a builder or developer to provide a building maintenance schedule at the first annual general meeting.
• Limiting proxy votes to prevent an individual or small group controlling a scheme.
• Streamlining by-law enforcement; making it easier to penalise serial offenders and recover enforcement costs.
• Boosting industry professionalism and the responsible management of schemes through strengthened accountabilities, including new disclosure requirements.
• Providing opportunities for tenants to be represented at meetings.
• Accommodating online technology to help schemes communicate and operate efficiently and effectively.

To find out more visit the review of the strata and community scheme laws where you can read the positioning paper giving details on the reforms.

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

Does an owners corporation have to approve development applications and renovations?

Strata buildings are becoming older. This has given rise to an increasing number of renovations that are carried out in strata buildings. This, in turn, has resulted in more owners corporations and strata managers being asked to approve development applications, and building works associated with renovations.

Often requests for development applications or building works to be approved are made urgently and owners corporations and strata managers are threatened with legal action if approval is not given promptly. But does an owners corporation have to approve a development application or allow an owner to renovate his or her unit?

What happens if the owners corporation refuses to approve a development application or permit renovations? Can the owners corporation’s decision be overturned? If so, how? This paper will provide the answers to these questions.

Click here for the full paper – Strata Applications and Renovations

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

The Department of Communications has released an information note to assist building owners and managers to make informed decisions when selecting a telecommunications carrier to install equipment to enable the building to connect to the National Broadband Network.

The Department recommends that building owners and managers consider whether:

• the service provider’s proposal will provide building occupants with a choice of providers and competition into the future
• building occupants will be locked into the decision to use the service provider for a fixed period or in perpetuity
• other carriers will be able to install competing cabling in the future
• carriers are correctly advising on their rights to access facilities, particularly in respect to in-building cabling
• the service provider’s proposal is consistent with pre-existing contracts with other providers, and
• the service provider has a clear plan for managing possible interference with existing services
• consider lease and licence agreements

For the full article please click here – NBN Broadband in Strata

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

Historically, with each of the individual states and territories throughout Australia having their own strata legislation, the downside has been that the lack of national uniformity has presented significant challenges with interpretation and enforcement of the relevant legislation across different jurisdictions.

There are currently three principal jurisdictions throughout Australia − New South Wales, Victoria and Queensland − each having introduced strata laws during the 1960s, with New South Wales leading the way in 1961. However, over the decades, each of the states has replaced and consolidated legislation at differing times, with regular, ongoing reviews of strata and community legislation taking place at a different pace across the country as governments endeavour to harmonise communal living environments and address issues which arise as communal living density increases.

Three law firms in these principal state-based jurisdictions have formed an alliance, aptly named Strata Lawyers Australia, comprising one law firm from each state which specialises in the practice of strata and community title law. The purpose of this alliance is to combine the local expertise of each firm in order to provide a quality, nation-wide legal service which will maximise the effectiveness of strata law services for stakeholders in the strata industry in each state.

Sydney-based firm, JS Mueller & Co, is an active member of this strategic alliance and draws on local expertise to provide industry-leading legal services and advice, enabling them to operate across state borders and provide the most relevant and comprehensive legal service possible.

Recent developments within the strata industry across the country have meant that the implementation of a national alliance of strata law firms will have a direct and meaningful impact on the efficiency and delivery of legal services in this industry. Indeed industry growth and consolidation have seen an emerging trend of strata management businesses operating across multiple jurisdictions.

A number of other states and territories, particularly the ACT, have recognised the need to modernise regulatory arrangements for the strata sector and are keen to see the various jurisdictions brought into line.

JS Mueller & Co strata lawyer, Adrian Mueller, says that, for example, “ACT strata laws are quite different from strata laws in other jurisdictions. The ACT Unit Titles Management Act has some unique provisions”.

Adrian’s extensive expertise has seen him deliver ground-breaking papers and seminars to strata lawyers and managers throughout the country − a definite asset to the services offered by the Strata Lawyers Australia alliance.

It is Adrian’s recommendation that comprehensive legal advice is always obtained from a specialist in the relevant jurisdiction when dealing with contentious strata issues, particularly in light of the significant variations nation-wide.

National consolidation in the strata industry will see growth in the number of strata management businesses and law firms operating across borders including through strategic alliances such as Strata Lawyers Australia. And consolidation of national licensing is expected to bolster confidence among strata managers and make strata communities a more viable option for our ever-expanding population density, but will almost certainly require continual monitoring and ongoing legislative reform well into the foreseeable future.

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

Traditionally, keeping animals in apartment or unit buildings have been sternly frowned upon.

Rigid by-laws (the rules governing the day-to-day ‘housekeeping’ of the strata scheme) imposed by owners corporations have tended to be rigid and often subject to change at very short notice − and often not generally in favour of the tenant − and have led to many unfortunate events occurring where ‘hidden’ pets have been revealed in the most unpleasant circumstances, resulting in hefty fines and/or fractured (or terminated) living arrangements.

And with an estimated one in five people in New South Wales living within a strata scheme, the chances of a potential (or current) tenant owning a pet are high.

Essentially, pets should not be kept in strata accommodation without owners being sure of the relevant pet by-laws and obtaining the necessary approvals.  Pet owners are affected by both their strata community’s by-laws and their state legislation (although owners corporation consent is not necessary to keep a guide dog in a strata scheme).

When renting in a strata building, the by-laws should be reviewed and the real estate agent should confirm with the landlord of the property whether a pet is allowed. When buying, the terms of the by-laws should be confirmed with the owners corporation, and those terms should be explained to the purchaser by an experienced strata lawyer prior to entering into a contract.

Under recent legislation reviews in New South Wales, the NSW Fair Trading Minister has confirmed that changes to the legislation include default by-laws being altered so that pets will be allowed, subject to ‘reasonable’ approvals and conditions set by executive committees, or owners corporations.

However, if an existing strata scheme has a by-law which bans pets that ban remains in place under the new legislation. Equally, if an existing strata scheme wishes to allow pets, a by-law will still need to be voted in. If a new strata scheme wishes to ban pets it can do so by introducing such a by-law, if a 75% majority vote is obtained.

Adrian Mueller,  specialist strata title lawyer with Sydney’s JS Mueller & Co, says “that the changes will have an impact on new strata buildings as the new laws will apply to them. But the new laws will not apply to existing buildings unless owners corporations choose to adopt them.”

A professional speaker at forums on strata law for strata managers state-wide, Adrian says, “often people do not bother to check the by-laws before moving into an apartment. This is foolish and can lead to significant and expensive problems for pet owners.”

With by-laws and state legislation being updated regularly, the advice from JS Mueller & Co is that pet owners should always obtain a copy of their strata by-laws from the owners corporation and legal advice should also be obtained. Should a dispute arise assistance is also available from the relevant state government department, NSW Fair Trading.

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