The NSW Government has made a number of important changes to the Strata Schemes Management Act 2015 (Act).

Sustainability Infrastructure, Voting and Proxies

On 24 February 2021, changes to the Act commenced that:

• Make it easier for a lot owner or owners corporation to install “sustainability infrastructure” on common property such as solar panels and electric vehicle charging stations. A lot owner or owners corporation will be able to install “sustainability infrastructure” on common property if a “sustainability infrastructure resolution” is passed by a simple majority (i.e. 50% or more) at a general meeting;
• Prevent an owners corporation making available for inspection any record that would disclose how an owner voted in a secret ballot unless the owners corporation is directed to do so by NCAT or a court;
• Enable a lot owner who owns more than one lot to nominate one individual to act as a proxy for all the lot owner’s lots.

Fines

Since 1 July 2021, NCAT has had the power to order a person to pay a penalty of up to $5,500 where the person has breached an order by NCAT.

Pets

From 24 August 2021, an owners corporation will not be able to have a by-law which unreasonably prohibits the keeping of an animal on a lot. Further, it will be deemed reasonable to keep an animal on a lot unless keeping the animal unreasonably interferes with another occupant’s use and enjoyment of the occupant’s lot or the common property. Those changes codify the decision of the NSW Court of Appeal in Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250 in which it was held that a “no pets” by-law is unenforceable.

If you need any assistance with updating your by-laws or navigating the new laws please contact us here, we’re happy to assist.

SCA (NSW) and various strata managers have published guidelines on whether cleaning contractors and tradies can work in strata buildings under the latest public health order that commenced on 19 July 2021.

The true position is as follows:

• Cleaners and tradies can only do work in a residential strata building in the Greater Sydney Area:
  • If the work is urgently required; and
  • The work is required to ensure the health, safety or security of building or its residents (e.g. urgent waste disposal); or
  • The work is required because of an emergency (e.g. a burst pipe, flooding event or fire).

This does not allow routine cleaning and maintenance to be performed by cleaning contractors and tradies in a residential strata building in Sydney.

For more information read our analysis here Covid-19_Cleaners and Tradies in Strata

If you want to know more, or are interested in our in our Covid-19 by-law click 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.

NSW Land Registry Services has announced changes to the procedure for bylaw registrations with PEXA which will impact strata managers. Here is an overview of the changes:

1. What are the changes to by-law registrations?

• All paper certificates of title will be cancelled
• Strata managers will no longer be able to register by-laws themselves
• All by-law registrations will need to be done through PEXA

 2. When will this take effect?

• On the 11th October 2021

3. How can we help you?

• JS Mueller & Co Lawyers is PEXA registered and approved to lodge electronic by-laws
• We were one of the first firms to register by-laws electronically
• We have over 18 months experience completing by-law registrations electronically
• We make the electronic by-law registration process easy!

If you would like assistance with electronic bylaw registrations with PEXA – click here.

For more information about electronic registration of by-laws visit ORG.

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.

Are Apartment Blocks the new COVID-19 Super-spreaders?

Just like cruise ships strata buildings have the capacity to be super-spreaders of COVID-19.

Apartment buildings and strata blocks have many shared facilities and not all, such as lifts, can be closed during COVID-19 breakout periods.

Shared facilities such as lifts, foyers, stairwells, air-conditioning, garbage and laundry facilities all have the potential to spread COVID-19 and with the current Delta variant, that can occur very quickly, as seen with this recent lockdown of a prominent strata building in Sydney’s east!

As all of Greater Sydney deals with the lockdown and NSW Health advice stating how difficult it is to control the spread of this new very contagious strain of COVID-19, Owners Corporations are grappling with a lack of power to help stop their strata blocks becoming the next victim of COVID-19.

Owners Corporation Assistance

To assist owners corporations with managing the situation (and bringing some control back) we have developed a COVID-19 by-law to assist you with the current situation.

For COVID-19 by-law assistance contact us here now, we’re happy to help.

‘Smoke Drift’ in Strata Blocks

In Australia, most apartment blocks, old or new have banned smoking in common areas such as hallways, common living spaces, outdoor communal areas and more.

In some states, strata committees have completely banned smoking in all areas of apartments by introducing smoke free by-laws.

And… fast becoming a reality in strata living is a total ban with smoke free apartment blocks.

In recent times second hand smoke has become a major health concern in Strata blocks with organisations such as the Cancer Council getting behind the move.

With this fight against smoke drift and new precedents being set landlords, owners corporations and strata managers need to carefully consider what kind of smoking by-laws will be implemented in their strata blocks. Here we outline three options:

1. Unrestricted Smoking By-law

Many older strata blocks may have unrestricted smoking as a default by-law unaware that they are leaving themselves in a vulnerable position. They should consider reviewing their by-laws to keep up with the latest health concerns and legalities.

2. Limited Smoking By-law

A ‘middle ground’ by-law may limit lot owners and tenants to only smoking within their apartment but not in common areas. However, there have been a number of cases where fines of up to $11,000 have been issued due to second hand smoke creating health issues.

3. Complete Smoking Ban By-law

Only some states currently allow a complete smoking ban. A complete ban includes all areas of apartment blocks, including individual apartments, balconies and common areas.

Ensure Your ‘Smoke Drift’ By-laws are Up to Date

If smoking is a problem in a strata building, the owners corporation should make a by-law prohibiting smoking. This type of by-law is simple to prepare and enforce. Orders can be obtained to stop residents smoking and put an end to second hand smoke drift. It’s also important to note that smoke drift can also be caused by BBQ’s.

Support for smoke-free multiunit living is high particularly among people living with children. It is only a matter of time before most strata buildings go smoke free.

DO YOU NEED YOUR ‘SMOKE DRIFT’ BY-LAW CHECKED?

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 the 9 April 2021, the NSW government announced a new statewide policy for Short Term Rental Accommodation (STRA).

The commencement of this policy has been deferred to 1 November 2021.

The new STRA laws will override all short-term accommodation planning laws previously in place throughout NSW, including those enacted by local councils. (until the policy takes effect the regulation of STRA in NSW will continue to be the responsibility of local councils and owners corporations).

The NSW Government has implemented:

• a new statewide regulatory framework for short-term rental accommodation (STRA)
• fire safety standards for STRA dwellings
• a government-run STRA Register
• the STRA Code of Conduct and exclusion register that took effect on 18 December 2020

For full details of the new policy and delays please read New Delayed NSW Short Term Rental Accommodation Policy

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.

It’s time for a by-law health check!

How do your by-laws stack up?

Do you rely on the model by-laws and little else?

Or do you tweak your by-laws to get the most out of them?

In this short article we explain how you can tweak some of the most common by-laws to improve them such as:

• Parking
• Pets
• Floor Coverings
• Moving In/Out
• Renovations

Most buildings rely on the model by-laws. But the model by-laws are very basic. Yet, with some tweaking, the model by-laws can be significantly improved, as the examples in this paper New Laws – Tweak Your By-laws shows.

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 Reminder By-law Registrations

From 11 October 2021 all ‘By-laws’ and ‘Changes of Address’ Must be Registered Electronically in NSW.

Strata managers and owners corporations can no longer lodge consolidated by-laws and changes of address over the counter. All consolidated by-laws and changes of address will need to be registered electronically through an ELNO such as PEXA.

Did you know the JS Mueller & Co Lawyers team was one of the first firms to register by-laws electronically?  We now have over 12 months experience completing electronic registrations.

If you need any assistance with electronic registrations our experienced team at JS Mueller & Co Lawyers is here to help you. Contact us now.

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.

Pets by-law expert, Adrian Mueller, Strata Lawyer talks pets with LookUpStrata in this recent webinar, covering the recent ‘Cooper’ case:

1. How will you respond to the recent decision of the Court of Appeal in the Cooper case which says that a by-law prohibiting pets is invalid?
2. Will you wait for the dust to settle before deciding what you will do?
3. Or will you act now and change any by-law that prohibits pets?

As well as delving into this recent case and what it means for you, Adrian has also covered Q&A’s specifically focused on the topic of pets in NSW strata buildings.

NEED A PETS BY-LAW REVIEW CLICK HERE NOW!

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 Strata Schemes Management Amendment (Sustainability Infrastructure) Bill 2021 is expected to commence in mid-2021.

Overview of New Laws

The key features of the Bill are as follows:

1. An owners corporation will be able to authorise the installation of sustainability infrastructure (such as solar panels) on common property by passing an ordinary resolution.

2. Any decision by an owners corporation that would unreasonably prohibit the keeping of an animal on a lot will have no force or effect.

3. It will be possible for a by-law to prohibit the keeping of an animal (such as a dangerous dog) on a lot if that prohibition is reasonable.

4. An owners corporation will need to keep voting records regarding a secret ballot confidential unless directed to make those records available for inspection by a court or NCAT.

5. NCAT will need to provide a copy of any strata application that is lodged by any person to the owners corporation of the strata scheme concerned.

6. An owners corporation will need to serve a copy of any NCAT application it receives on each owner instead of just placing a copy of the application on the noticeboard.

7. NCAT will have the power to require a person to pay a penalty of up to $5,500.00 for breaching an order made by NCAT.

8. A person who owns more than one lot in a strata scheme will be able to appoint a single proxy in respect of all of the lots (to prevent the limitation on the number of proxies a person can hold stopping this from occurring).

9. A proxy appointment form for a meeting will still be valid even if the meeting is adjourned to a later date.

Conclusion

These new laws will make it easier for owners corporations and owners to install solar panels and implement other “green” initiatives, clarify the validity of “no pets” by-laws and close a loop hole in the strata legislation that prevented NCAT imposing penalties on people who breach orders.

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