The current NSW home building legislation states that buildings must be at risk of collapse or be uninhabitable to reap the benefit of a full 6 year warranty.

It seems absurd to provide warranties only for defects (major) at this extreme end of the spectrum, which, as is now being acknowledged, should not be occurring at all in a properly regulated building industry.

So, what about all the other defects?

Before your building defects warranty period expires we strongly suggest that the following 3 points be considered: BUILDING DEFECTS – Top 3 Tips Before your Home Warranty Period Expires

Have you or your client recently purchased a new strata home? Do you have a building defect issue (or you’re not sure)? Talk to our building defect experts before your warranty period expires.

For all strata legal and building defects contact us here or call 02 9562 1266 we would be happy to assist.

Over the last few years the Home Building Act has been amended a number of times raising many questions in regards to the building defects rectification process such as:

1. What is the duty to mitigate?
2. What is ‘reasonable access’?
3. When can you refuse the builder and developer access to carry out rectification work?
4. Has the builder already attempted rectification work that has been unsuccessful?

So, what steps can owners corporations take to mitigate the loss Building Defects and the Rectification Process.

It’s a complex area of law and in order to protect the interests of the owners corporation it’s wise to seek legal advice on navigating this process.

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

On 15 January 2015, the Home Building Amendment Act 2014 changed the terminology and definitions for building defects from structural to “major” and from minor to “in any other case” i.e. non-major.

So, what is the new definition of a major building defect?

In these two recent NSW Civil and Administrative Tribunal (NCAT) Appeal Panel decisions they have considered the definition of major defect and how to establish whether a defect meets this definition, providing some useful guidance on this topic How to Establish a Major Building Defect.

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

A recent newspaper article concerning a Sydney residential complex where children have been banned from using a swimming pool within that complex, got us interested in taking a look at the extent to which the by-laws of a strata scheme or community scheme can be used to exclude children from using certain shared facilities in that scheme.

In the attached paper we reviewed the following areas concerning children, by-laws and shared facilities:

• Can children be excluded from shared facilities in a strata building or community scheme?
• For what matters can a strata by-law be made?
• Limitations on the matters of which a strata by-law can be made
• Model by-laws restricting children
• The position in NSW, Qld and Vic
• Community Scheme by-laws – A different position?
• Where a by-law is inconsistent with Anti-Discrimination legislation and discriminates against children on the grounds of age – Are these principles applicable to owners corporations?

So, can children be excluded from shared facilities? Children and By-laws in Strata and Community Schemes

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

The NSW Supreme Court has recently handed down a decision in regards to common property that will have a considerable impact on the practice of strata managers across the State. The Court’s decision answers the following often asked questions:

• What type of resolution does an owners corporation need to pass in order to replace an item of common property?
• Is the replacement of an item of common property a repair that can be authorised by an ordinary resolution?
• Or does a decision to replace an item of common property need to be made by special resolution because the replacement of the item will improve or enhance the common property?

What was the outcome of this recent case that involved a dispute between the owners of an apartment building on a waterfront in Sydney’s Eastern Suburbs… Replacing Items of Common Property in Strata?

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

A recent decision of the NSW Court of Appeal has found that the owners corporation of a leasehold strata scheme located in Manly, Sydney and owned by the Roman Catholic Church, had no right to make a claim against the builder or developer of its scheme for building defects.

Are owners corporations of leasehold strata schemes required to foot the bill for the costs to repair building defects?   Leasehold Strata Schemes and Building Defects

Do you need advice on building defects and/or leasehold strata schemes, speak to the experts?

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

A recent New South Wales District Court defamation case highlighted the dangers that lurk in communications (especially emails) passing between strata managers, strata committee members and strata residents.

The perennial problem of burdensome email communications also plagues many strata schemes and as the case highlighted can escalate into a defamation case. However, owners corporations do have the power to regulate communications to prevent his happening.

We look at this case and what owners corporations can do to stop unreasonable communications Strata Communications and Defamation

Is it time to review, or implement a by-law for dealing with unreasonable communications?

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

In a recent NSW Supreme Court case the builder brought an application to the Court seeking an order that the owners corporation provide security for costs to protect the costs of the builder in the litigation in the event the builder was successful and unable to recover his costs from the owners corporation.

So, did the court grant with the builder’s application? Owners Corporation Litigation Security for Costs

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

Do you know?

NSW Fair Trading has now provided an additional specialist resource to assist with the implementation of the Strata Building Bond and Inspections Scheme (SBBIS).

You may remember that Strata Building Bond and Inspections Scheme began on 1 January 2018 and applies to:

• Building contracts executed from this date
• Buildings with no written contract
• Building works that commence from this date
• Construction of residential or partially-residential strata properties that are four or more storeys high

Online Portal

The Strata Building Bond and Inspections Scheme is now administered by an online portal.

At any time before the occupation certificate is issued developers can register to use the portal to:

• Enter project details
• Upload documents as they become available, at anytime

PLEASE NOTE: These documents should reflect the completed building just before any occupation certificate is issued (not the start of the build).

 Owners Corporations and Strata Managers

Owners Corporations who are eligible should familiarise themselves with the portal to access information if and when needed. You may also refer to this information specifically developed for owners corporations and strata managers.

For any portal assistance, you may call 13 32 20 (8:30am to 5.00pm, Monday to Friday) or email stratabond@finance.nsw.gov.au or refer to more details online about the Strata Building Bond Scheme here.

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

Who is responsible for fixing a balcony on common property that has fallen into disrepair but was constructed without the approval of the owners corporation?

It’s not uncommon for owners to build structures on common property without the approval of their owners corporation.  But what happens when these structures fall into disrepair?

Who is responsible for fixing them?  And can the owners corporation insist on those structures being demolished?

A recent NCAT case decision may surprise you Balconies, Common Property and NCAT

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