The NSW Government has released a new guide to help strata property owners better understand the ins and outs of strata living.

The Strata Living Guide covers a range of essential topics, including by-laws, financial obligations, renovations, and dispute resolution.

Strata managers it is important that you share a copy of the Strata Living Guide to new and existing owners to help them better understand how strata living works.

The guide aims to empower strata owners by providing them with the knowledge and tools they need to effectively manage their properties and resolve common issues.

It also offers practical advice on how to navigate the complexities of strata living, such as understanding their rights and responsibilities, attending meetings, and making informed decisions.

Key topics covered in the guide include:

• The basics of strata
• Common property and individual ownership
• Key roles and responsibilities within a strata scheme
• Financial obligations and levies
• By-laws and rules governing strata schemes
• Meetings and decision-making processes
• Repairs and maintenance of common property
• Renovating your property
• Resolving disputes and conflicts

The NSW Government is committed to improving the regulatory framework for strata living and ensuring that all strata owners have access to the information they need to make informed decisions.

The Strata Living Guide is a valuable resource for anyone who owns or is considering purchasing a strata-titled property in NSW.

You can download the full guide here: NSW Strata Living Guide 

Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

Contact Us

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

Enclosed spaces like underground car parks increase the risk of deadly fires. Heat and toxic fumes become trapped, making fires more intense. As more electric vehicles fill these spaces, the risk of fire grows, especially with the addition of more and more charging stations.

The Threat of EV Fires

EV fires can be more intense and challenging to extinguish. Lithium-ion batteries, commonly used in EVs, can experience thermal runaway, leading to rapid fires that release toxic fumes. This poses a significant risk to residents and firefighters alike, especially in underground parking.

The Strata Challenge

Strata buildings, with their shared spaces and close proximity of units, present unique challenges when it comes to EV charging. Improper charging practices, outdated electrical infrastructure, and a lack of standardized safety protocols can exacerbate fire risks.

The Urgent Need for EV By-laws in all Buildings

To mitigate these risks, it is imperative for strata committees to implement comprehensive by-laws governing the charging of e-vehicles, e-scooters, and e-bikes.

These by-laws should address:

• Designated Charging Areas: Clearly defined and well-ventilated areas should be designated for charging, away from common areas and flammable materials.
• Approved Charging Equipment: Only certified and safety-compliant chargers should be permitted for use within the building.
• Regular Inspections: Regular inspections of charging infrastructure and adherence to safety guidelines should be mandatory.
• Emergency Response Plans: Clear emergency procedures, including evacuation plans and fire response protocols, should be established.

Taking Proactive Steps

By implementing an EV by-law, strata committees can significantly reduce the fire risks associated with EV charging. It’s crucial to prioritise safety and work collaboratively with residents, building managers, and local authorities to ensure a secure environment for the whole community.

By taking proactive measures and establishing clear guidelines, strata buildings can embrace the benefits of EVs while safeguarding the well-being of their residents and the community at large.

REDUCE YOUR FIRE RISK WITH AN ELECTRIC VEHICLE B-LAW

Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

Contact Us

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

Navigating the complexities of strata fencing can be a daunting task. Understanding responsibilities and the governing laws is crucial to avoid disputes and ensure a harmonious living environment.

The Dividing Fences Act: Your Strata Fencing Guide

The Dividing Fences Act 1991 (NSW) provides a framework for resolving fencing disputes between neighbouring lot owners within strata schemes. While the Act outlines general principles, it’s essential to consider the specific circumstances of your situation and advisable to get professional legal advice.

Key Points to Remember:

• Common Property Fences: The owners corporation is responsible for maintaining and repairing fences that divide common property from external areas but can claim a contribution for the cost to carry out fencing work from neighbours in many circumstances.
• Fences between Lots and Common Property: In most cases, the responsibility for these fences is either entirely borne by the owners corporation (where the fences are common property) or is shared equally between the lot owner and the owners corporation (where the fences are not common property).
• Fences between Lots: In most cases, owners share equal responsibility for building, maintaining, and repairing fences that separate their individual lots where those fences are not common property.

Fence Definitions: Not so Simple

Then there are hedges, ditches, structures, embankments, natural watercourses, walls, retaining walls, and parts of buildings and more, that have been used to create boundaries or a fencelike structure – are these considered dividing fences?

Expert Advice and Strata By-laws

Strata fencing bylaws also help to prevent disputes between lot owners and owners corporations about the responsibility for fencing maintenance and maintain a harmonious living environment.

If you’re unsure about who is responsible for a particular fence or wall, have a dispute or need by-law advice, speak to our specialist strata lawyers, we’re happy to assist.

Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

Contact Us

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

New laws will soon commence in New South Wales to increase transparency and accountability in the strata management industry.

Strata managing agents who engage in unethical practices, such as undisclosed kickbacks or failing to disclose conflicts of interest, will face harsher penalties.

The new laws aim to protect the interests of strata owners by giving them greater control over their buildings and common property.

The big changes are:

• Increased penalties: Maximum penalties and penalty infringement notice amounts for agents who fail to disclose information about commissions have been raised.
• Strengthened conflict-of-interest disclosure: Agents will be required to provide more detailed information about potential conflicts of interest.
• Ban on insurance commissions: Agents will no longer be allowed to receive commissions on insurance products unless they actively help residents find the best deals.
• Enhanced enforcement powers: NSW Fair Trading has been granted additional authority to investigate and prosecute breaches of strata laws.

Best Practice Guide

The new disclosure requirements are largely in line with the Strata Community Association’s best practice guide.

This means that strata managers who are already following the guide will not need to make significant changes to their practices.

The new laws will also ensure that all strata managers are subject to the same standards.

Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

Contact Us

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

The NSW Government is looking to combat the fastest-growing cause of fires by implementing new product standards for lithium-ion batteries.

NSW Fire and Rescue recorded more than 90 incidences over the 2022-23 period with fires caused by lithium-ion battery powered products and, it continues to escalate.

In response to the growing incidences, NSW Government is taking a proactive stance to ensure products comply with safety standards and are appropriately tested, certified and marked before they enter the market.

When these changes come into effect suppliers, both corporations and individuals, who do not comply will incur heavy penalties.

The prevention of fires, saving lives and protecting property are high on the agenda for the NSW Government as the reality is that e-bikes, e-scooters and other e-devices are here to stay.

For more information visit Media and NSW Government

REDUCE YOUR RISK WITH AN E-BIKE / E-SCOOTER BY-LAW?

Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

Contact Us

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

The NSW government has announced that it will introduce strata laws aimed at improving transparency in the industry.

Increasing the maximum penalties and penalty infringement notice amounts around strata managing agents’ obligations to disclose commission information are among some of the planned changes

In summary the NSW Government will implement new laws around:

• Stricter rules on matters such as commissions
• Tougher conflicts of interest disclosure requirements
• Increased penalties that can be imposed on strata agents
• The banning of agents from taking a commission when they do not play a role in finding the best deal for strata residents
• Strengthening NSW Fair Trading’s enforcement and compliance powers

The NSW government will consult with the industry ahead of introducing legislation in the coming weeks.

Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

Contact Us

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

Pets, By-laws and New Legislation

In December 2023 new strata laws commenced that changed the rules regarding pet ownership, including assistance animals, in strata buildings.

What do the new pet rules mean?

• Any fees, bonds and insurances imposed by the owners corporation are now banned under the new legislation.
• It’s also now easier for lot owners and tenants with assistance animals to prove their animal’s ‘assistance’ status with less loopholes to jump through.
• Those new rules will result in some existing pets by-laws (or parts of them) being invalid and will need to be reviewed.

Pet By-laws will Need to be Reviewed!

 Therefore, it is time to get all pet by-laws reviewed to ensure they comply with the new laws.

CLICK NOW FOR A PET BY-LAW REVIEW IN LINE WITH THE NEW LAWS

Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

Contact Us

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

Over the past few years there has been a huge push for people to buy EV vehicles of all kinds putting significant strain on strata buildings.

The increased number of electric vehicles now in strata blocks comes with a high risk of fire as residents charge their lithium-ion batteries throughout their buildings in their apartments, parking spaces, garages and other areas.

As people look for cheaper and quicker modes of transport e-bikes and e-scooters have become all the rage.

E-bikes and e-scooters have lithium-ion batteries and have sparked a series of fires in strata apartment buildings and based on statistics* pose a major threat as they continue to increase in popularity with a 16% increase in fire related incidences in 2023 and a 94% increase on the previous year.

The risk of e-bikes and e-scooters in strata blocks include:

1. Fire Hazards
2. Improper Charging Practices
3. Storage Challenges
4. Liability Concerns
5. Electricity Costs

How do strata schemes proactively manage the EV situation to reduce the risk of fire and other concerns?

By implementing a comprehensive by-law, covering the areas below, strata schemes can proactively manage e-bike and e-scooter hazards in strata.

1. Proper Charging Guidelines
2. Storage Solutions/Options
3. Registering E-vehicles with Regular Inspections
4. Resident Education Initiatives

Banning e-bikes and e-scooters would be extremely difficult and is unlikely to be enforceable given a lot of owners rely on this mode of transport for work.

An effective by-law will minimise the risk of e-bike and e-scooter fires and enhance the safety of residents and property within the community ensuring proper processes are in place to manage and reduce the risk.

* October 2023 ACCC Lithium-ion batteries and consumer product safety

CLICK HERE FOR AN E-BIKE / E-SCOOTER BY-LAW

Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

Contact Us

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

By-laws that regulate e-Bikes and e-Scooters.  

e-Bike and e-Scooter lithium-ion batteries have sparked a series of fires in strata apartment buildings and based on the following statistics* pose a major threat as they continue to rise.

• Between January 1 and September 15, 2023, Fire and Rescue NSW reported 149 battery-related incidents – a 16 per cent increase on the same time last year.
• Of these incidents, 22 per cent involved e-mobility devices — a 94 per cent increase on the same period the previous year.

All strata buildings should, before it’s too late, put in place by-laws to regulate the storage and charging of e-scooters and e-bikes to help prevent fires from lithium-ion batteries.

* October 2023 ACCC Lithium-ion batteries and consumer product safety

A BY-LAW THAT REGULATES THE STORAGE & CHARGING OF E-BIKES & E-SCOOTERS

Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

Contact Us

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

On the 11 December 2023 the NSW strata and community title legislation changes came into effect.

If you live or work in strata or community title it is important that you are aware of the changes to the law as follows: 

Original Owners Votes

•  If a scheme comprises of more than two lots the amendments provide that the value of a vote cast by an original owner, usually a developer, of a strata scheme may be reduced.

Strata Committees

• Committee member removal now only requires an ordinary resolution and once removed they’re not eligible to be on the committee for 12 months.

• Where it is called for, an election for a committee can take place at any general meeting, not just the AGM.

• A call for nominations to the committee must be included in the general meeting notice.

• A member with a conflict of interest must be excused from voting and discussion on that matter.

Strata Managers

• Must provide notice to the owners corporation 6 months prior to expiration of their agency agreement.
• Fair Trading can recommend to NCAT that a compulsory agent be appointed to manage dysfunctional strata schemes.

Internal Funds Transfer 

• Under the amendment for internal funds transfers, the owners corporation must, within three months of the transfer, decide at a general meeting, if the funds should be repaid, and if yes, how it should be done – via a simple reverse transfer or by special levy.

Emergency Repair Levies 

• The amendments will reduce from 30 days to 14 days the time period for payment of a special levy for urgent repairs. This amendment is for necessary building repairs to mitigate any serious and imminent threats to the health and/or safety of building occupants.

Work Quotes

• Multiple quotations for works exceeding $30,000 will now be required for all schemes – small and large – Also, the comparative quotations will need to be for people or companies that are not connected with each other.

Pets

• A pet bond or fee can no longer be charged by the owners corporation.
• A by-law cannot impose unreasonable burdens on people with assistance animals.

By-laws

• Under the changes, owners corporations may consolidate the by-laws for the scheme only by special resolution – whether or not a by-law has been amended, repealed or added.
• Two lot strata schemes do not need to pass a resolution to issue a ‘Notice to Comply’ regarding a by-law breach.

Books and Records

• The strata roll and other mandatory records must now be kept electronically.

Rentals

• Rental agents will be required to give tenants and lessees a copy of a strata scheme’s by-laws and strata management statement on commencement of a lease and whenever documents are updated if they are not provided by the landlord or head tenant.
• Rental agents will have to provide the owners corporation notice that a lot has been leased or subleased if the notice hasn’t been provided by the landlord or head tenant.
• Tenants can give notice of the lease to the owners corporation if the landlord, head tenant or rental agent fails to do so. In giving notice of the lease or sublease the regulations may prescribe the documents or other evidence a tenant must provide.

Service of Documents

• The regulations may provide for the service of documents, including by prescribing additional methods of service.

Meetings

• General Meeting Notices – time period for notices increases from 7 days to 14 days.
• Company Nominees – number of votes to be limited in a similar way to the way proxy votes are limited.
• AGM – Delivery of development documents by the developer must be done 14 days before the first AGM.

Community Titles 

• Most of the above proposals will also apply to Community Title regulations.

Strata Renewals

• Allowing a strata renewal committee to operate for 2 years instead of 1 year to reflect the length of time it can take for that committee to develop a strata renewal proposal.
• Permitting the Land and Environment Court to allow a collective sale of a strata building to proceed even though some of the preliminary steps associated with the sale have not been followed correctly (eg; inadequate meeting notice periods) if that has not resulted in a substantial injustice.
• Allowing dissenting owners who do not object in good faith to have costs awarded against them (eg; where an objecting owner is a developer who is trying to obstruct a collective sale to another developer)

More information

NSW Government – https://www.nsw.gov.au/media-releases/critical-reforms-to-strata-laws

Amendment Bill – https://www.parliament.nsw.gov.au/bills/Pages/bill-details.aspx?pk=18511

Timeline – https://www.parliament.nsw.gov.au/bill/files/18511/SPI%20-%20Strata%20Legislation%20Amendment%20Bill%202023.pdf

CLICK HERE NOW FOR STRATA REFORM ADVICE

Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

Contact Us

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