In this article, we take a look at The Top 5 By-laws for 2021 and discuss the trends with respect to changes to the by-laws.

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

Commencing 1 December 2021, changes to the Community Land Development Act 2021 and Community Land Management Act 2021 will commence.

The new legislation will modernise and simplify the development process of community schemes within NSW, aligning the community schemes legislation with the Strata Schemes Management Act 2015 and Strata Schemes Development Act 2015.

What is the Aim of the New Community Title Legislation?

1. To create consistency between community lands and strata schemes laws in NSW
2. Provide modern, flexible, and democratic governance arrangements
3. Improve maintenance of shared property and financial management
4. Support a simpler and more flexible development process

What are the Key Changes to Community Title Legislation?

• To provide more flexibility for schemes with some requirements for unanimous resolutions to now be special resolutions
• Make it easier for schemes to deal with association property and add land to a scheme
• Introduction of a new process for development contracts bringing the process in line with strata schemes
• The simplification of tiered schemes
• Allowing schemes to apply to NSW LRS for a termination of a community scheme instead of going to court
• Allowing an association to also create statutory easements
• The introduction of a new process for amalgamations

For further information visit www.nswlrs.com.au.

How will this Affect Your Strata and Community Schemes?                              

• Your existing by-laws will need to be consistent with the new aligned community and strata schemes legislation otherwise they may not be enforceable
• You may also need to consider whether your community and neighbourhood management statements are in line with the new laws
• It is therefore important that you review any by-laws and management statements to ensure they are in line with these new laws
• This fact sheet includes detailed information about the different types of orders and how community schemes disputes are managed at NCAT – Community_Schemes_Fact_Sheet

Do you need help reviewing your by-laws and management statements to ensure they are in line with the new legislation? Contact us now, help is here.

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

Deadline for New Rules for NSW STRA 

Here we explain the new rules!

The NSW government has issued a reminder that new short-term rental accommodation (STRA) rules will come into effect on 1 November 2021 coinciding with the return of regional travel across NSW.

These new STRA registration requirements follow the introduction of a mandatory code of conduct governing STRA rentals late last year.

And… most likely these new rules will also require your STRA by-laws to be reviewed!

What is the New Rule?

If you wish to rent a property as a STRA host, it is mandatory to register the property and pay the registration fee via the NSW Planning Portal by 1 November 2021.

What is the Deadline?

The deadline is Monday 1 November 2021.

What is the Cost?

STRA hosts are required to pay a registration fee of $65.00 for the first 12 months and an annual renewal fee of $25.00.

Who Does STRA Registration Apply to?

The STRA registration applies to owners of any residential accommodation who wish to rent their property out for short term rentals.

Do I Need to Provide additional Documentation to Register?

Yes, if the property is not owned by you, you must provide proof of consent from the property owner.

You must also verify that the property is in compliance with the fire safety standards as defined in the STRA policy here.*

*Please note: Given the recent lockdown orders, a grace period has been applied in relation to providing the fire safety standards.

STRA hosts will be able to register their short-term rental as required but delay the fire and safety requirement until 1 March 2022, giving STRA hosts an additional 4 months to adhere with the policy.

Where do I Register my STRA Property?

Your STRA property is to be registered here on the on the NSW Panning Registration Portal.

Do I Need to Update my Short-term Rental Accommodation By-laws?

Most likely, if you live in a strata property the STRA by-laws may need to be reviewed. For advice you may contact our experienced and knowledgeable STRA team here.

Where do I Find More Information on the New STRA Rules?

For more information on the new STRA rules visit NSW Planning STRA Portal here.

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

As many of you are aware, from 11 October 2021, the Registrar General has announced a major step in the transition away from paper-based registration of by-laws (and other documentation) in NSW.

So, what will the changes to the land titles system in NSW mean?

Read on for more specific details in this recent NSWLRS release.

Our Dedicated By-law Registration Team

If you need assistance registering your by-laws electronically we have an experienced and dedicated by-law registration team who are ready to help you.

CLICK HERE FOR HELP WITH ELECTRONIC BY-LAW REGISTRATIONS

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

On 25 August 2021, new strata laws commenced which changed the rules regarding pet ownership in strata buildings.

Those rules mark a shift in the NSW Government’s policy concerning pets in strata buildings and encourage pets in strata.

But the new rules create traps for young players that can have unintended consequences for those unfamiliar with them.

In this article, we take a closer look at the new laws regulating pet ownership in strata buildings and the pitfalls associated with them – Pets and New Strata Laws

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

The rules of the game relating to pets in strata buildings have changed.

Many owners corporations are not grappling with those new rules and trying to come to grips with them.

This has resulted in a shift away from by-laws that ban pets to by-laws which regulate the keeping of pets in strata buildings.

But do some of the rules that have been included in new pets by-laws go too far?

A recent and high profile NCAT case takes a closer look at that issue – By-laws that Regulate Pets.

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

Compulsory Online By-law Registrations 

From 11 October it will be mandatory for by-laws to be registered electronically through an online platform such as PEXA.

Only Lawyers and Conveyancers can Register By-laws

Strata managers cannot access PEXA, only lawyers and conveyancers can.

We have a team dedicated to electronic by-law registrations. We have been registering by-laws and other dealings for hundreds of strata managers electronically through PEXA for over 12 months. We were one of the first firms in NSW to do so.

We make the process easy for you. You can still prepare the consolidated by-laws and send them to us for registration through PEXA and we will take care of the rest for a small fee.

Alternatively, you can have us prepare the consolidated set of by-laws and register them through PEXA as well.

Mandatory Online Registrations Commence 11 October 2021

Don’t get caught out when the system changes on 11 October.

If you would like to know more about our electronic by-law registration services, please contact us.

ELECTRONIC BY-LAW REGISTRATION HELP

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

What is the Next Chapter for Pets and Strata?

If you are an owner or occupier of strata property,  you could not help but notice the flurry of activity over the last couple of years, both at a legislative level and in the Courts of New South Wales in relation to the question of pets.

In the next (but probably not the last) instalment of this saga, the New South Wales Government is implementing amendments to the legislation and to regulations, to commence on 25 August 2021.

Amendment to the Strata Schemes Management Act 2015

Commencing on 25 August 2021, section 137B will be inserted into the Act. Section 137B effectively prevents a by-law, or a decision of an owners corporation under a by-law, from banning the keeping of an animal within a strata scheme unless the animal unreasonably interferes with another occupant’s use and enjoyment of their lot or the common property.

The question which arises from this section is what is meant by “unreasonably interferes with another occupant’s enjoyment of their lot or the common property”?

The New Regulation

Also, now to commence on 25 August 2021 is the Strata Schemes Amendment (Pets) Regulation.

The specific purpose of this regulation is to set out, for the purposes of section 137B, the circumstances in which the keeping of an animal unreasonably interferes with an owner or occupant’s use and enjoyment of their lot.

In short, this new regulation says that an animal will cause an “unreasonable interference” with an owner or occupant’s use and enjoyment of their lot if:

• the animal makes a noise which interferes with the peace, comfort and convenience of another occupant;
• the animal repeatedly runs at or chases another occupant, visitor or another animal;
• the animal repeatedly causes damage to the common property or to another lot;
• the animal endangers the heath of another occupant through infection or infestation;
• the animal causes a persistent offensive odour that penetrates another lot or the common property; or
• for dogs and cats, the owner of the animal fails to comply with orders under the Companion Animals Act 1998.

The provisions also pick up the provisions of the Companion Animals Act 1998 which refer to a “restricted” dog and a “menacing or dangerous” dog. Those dogs will be able to be banned from strata buildings.

Conclusion

It will be interesting to see whether these additions to the strata legislation assist or provide more interpretive problems for owners corporations.

Author I Warwick van Ede I Lawyer I BEc LLM Acc Spec (Property).

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

There is a common misconception that an owners corporation is not responsible for repainting a water damaged ceiling in a lot or repairing consequential water damage to a lot that is caused by a common property defect.

In a recent case, NCAT held that:

• an owners corporation is responsible for carrying out those repairs;
• the common property memorandum does not exempt an owners corporation from having to perform those repairs.

Here we discuss the case and explain why an owners corporation is not exempt from repairing damage to lot property NCAT Orders Owners Corporation to Repair Lot Property

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

As announced by the NSW Government, from Saturday 31 July 2021 owners corporations and individual lot owners may commence renovations, repair and maintenance works subject to the following requirements.

Renovations

Renovations of homes where people are living can resume in Greater Sydney, including the Blue Mountains, Wollongong, Central Coast, and Shellharbour local government areas.

The restrictions that apply to repairs, maintenance and cleaning services will also change in Greater Sydney, including the Blue Mountains, Wollongong, Central Coast, and Shellharbour local government areas.

Exemptions to these new rules include local government areas of Blacktown, Campbelltown, Canterbury-Bankstown, Cumberland, Fairfield, Georges River, Liverpool and Parramatta.

In the local government areas where renovations, repairs and maintenance are permitted:

• In an outdoor area, no more than five (5) persons can undertake work at the same time
• In an indoor area, no more than two (2) persons can undertake work at the same time
• If work is occurring in an indoor area on the premises, and other persons (such as members of the household) are present at the premises, the other persons must stay in a separate indoor area of the premises from the persons undertaking the work at all times

Repairs, Maintenance and Cleaning

Any repairs, maintenance or cleaning that can be delayed should be rearranged. However, there are certain circumstances where repairs, maintenance or cleaning services are allowed, in line with the above rules and local government area restrictions, including if it is:

• Urgent to ensure the health, safety, or security of the premises or household
• an emergency
• For the installation, maintenance and repairs of essential utilities, including a water, gas, electricity, internet, television or telecommunications service
• For fire protection and safety
• Necessary to prepare an unoccupied place of residence for sale or lease

Recommendations

It is recommended that:

1. Tradesmen and contractors enter the building on a contactless basis and wear face masks at all times
2. All residents be notified when tradesmen and contractors will be in the building, and specifically on each floor
3. Where possible, tradesmen and contractors should use the fire escape stairs
4. Tradesmen and contractors provide proof that they do not reside in the local government areas of Blacktown, Campbelltown, Canterbury-Bankstown, Cumberland, Fairfield, Georges River, Liverpool and Parramatta;
5. Social distancing of 1.5m is adhered to at all times (as a minimum)
6. NSW Health guidelines are followed at all times
7. Tradesmen and contractors not enter a lift or common areas with residents of the building
8. Only essential work is undertaken, or work to a vacant/uninhabited unit being prepared for the sale or lease of the unit. All other work is to be delayed/deferred until guidelines change
9. A maximum of 2 contractors is permitted within a lot at any given time (please note that the Strata Communications Association – SCA – is seeking clarification on this matter for strata schemes – whether it is 2 per lot and not 2 per building)
10. A maximum of five (5) tradesmen or contractors work on the exterior of the building at any given time
11. Individual lot owners meet their tradesmen and contractors outside of the building and ensure compliance with all requirements

It is also recommended if renovations and/or repairs are being carried out that;

• Building management is advised with identification of the contractors onsite provided
• Building management also provide information to residents of any works being carried out in the building
• Building management confirm that any contractors entering the building are not from the restricted local government areas

For more information refer to the NSW Government here.

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.