NCAT Invalidates No Cooking By-law!

Can a by-law prohibit the cooking of food including toasting bread in a lot?

In short, the answer is “no” according to NCAT.  However, there is a silver lining in NCAT’s ruling.

 

The Background

There is a large residential strata building located in Newcastle, New South Wales.  The building contains 87 residential lots.  The building was previously an aged care facility.

The building contains a commercial kitchen for shared use by the building’s occupants.  Some of the lot’s also contain a kitchenette, other smaller lot’s do not and rely on the shared kitchen.

 

The By-law

The buildings cooking by-law prohibited the cooking of food in any lot without kitchen facilities. However, a lot owner objected to the by-law and applied to NCAT for an order to invalidate the by-law.

Here we share the case and outcome… NCAT Invalidates No Cooking By-law

 

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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.



Landmark Ruling for Smokers Living in Apartments!

Could puffing on a cigarette or throwing a snag on the barbie be under threat after a significant decision by the NSW Court?

In short, a couple who owned an apartment in Kingscliff, Northern Rivers NSW took their neighbours to the NSW Civil and Administrative Tribunal (NCAT) for smoking on their balcony.

The couple accused their neighbours of smoking on the balcony causing smoke drift which leaked through to  the couples’ apartment air vents and their doors and windows, despite them being closed.

NCAT ruled in the couple’s favour stating that the neighbours (or any guests) were no longer permitted to smoke on their balcony.

Could this landmark ruling set a precedent for future smoke drift cases and perhaps result in a statewide ban for smoking on balconies in NSW and… could the good old ‘Aussie BBQ’ also be under threat?

Do you need a ‘smoke drift’ by-law or is it time to review your ‘smoke drift’ by-law?

The full media article can be read her


DO YOU NEED A ‘SMOKE DRIFT’ BY-LAW OR A REVIEW?

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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 Pet Laws for Renters Restrict Landlords

Under new proposed pet laws renters may soon be allowed to own pets without needing approval from landlords.

The current laws state that:

  • In NSW it is up to the discretion of the landlord whether they wish to accept a potential tenant with a pet
  • The only exception for landlords in NSW is that they cannot refuse assistance animals
  • In other states and territories across Australia, such as the ACT, landlords are required to go to the tribunal to obtain approval for any pet refusals

These potential changes will bring NSW laws in line with other laws across Australia and provide potential tenants with pets a greater choice, restricting landlords to deny pet owners.

With these impending changes it is important to ensure your pets by-laws are up to date and take into account the recent changes to both strata and residential tenancy laws regarding pets.


IS IT TIME TO UPDATE YOUR PETS BY-LAW?

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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.



Are EV’s a Risk for Older Strata Buildings?

From October 2023, a new federal policy will come into place for electric vehicles (EV’s) relating to EV charging in apartment blocks.

The new policy states that it is mandatory for all apartment buildings to be built allowing for EV charging infrastructure.

But… what about existing older strata buildings and the growing demand for EV’s and EV charging facilities?

Electric Vehicle Chargers in Older Strata Blocks

 

Is there a risk for older apartment buildings and their market value if they don’t find a solution for installing the necessary EV charging infrastructure, particularly as these new rules come into place?

Perhaps, just as strata committees have adjusted to retrofitting solar, they must now adjust to retrofitting EV charging solutions for tenants and lot owners.

The NSW Government has developed this guide to assist with getting your building ‘EV ready’.

Do you Need an Electric Vehicle (EV) By-law?

 

Our specialist team of strata lawyers have drafted many by-laws permitting owners to install electric vehicle chargers in strata buildings. Our EV by-law considers and covers all essentials including these key issues:

  • Who’s responsible for paying the cost of electricity used to charge electric vehicles
  • Any necessary upgrades to the electricity infrastructure in the building


DO YOU NEED AN ELECTRIC VEHICLE BY-LAW?

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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.



Supreme Court Rejects Owner’s Claim for Damages

Recent heavy rainfall in Sydney has led to an increase in compensation claims by lot owners against owners corporations due to water leakage and consequential damage.

Often, those claims are for loss of rent.

These types of claims are usually difficult for an owners corporation to defend because it has a strict duty to properly maintain and keep in good repair the common property.

However, in a recent case, the Supreme Court rejected a compensation claim by an owner for loss of rent, providing a glimmer of hope for owners corporations.

Here we share the case and outcome Supreme Court Rejects Owners Claims for Damages

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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.



Strata Annual Reporting Deadline 31 December 2022

The NSW government deadline for annual reporting for strata schemes must be completed by 31 December 2022. This also includes 2-lot schemes.

Here we share the following:

  • What do your strata schemes need to do?
  • Who can access the information and privacy?
  • Why is it mandatory for your strata schemes to complete reporting?

For specific information visit NSW Government strata schemes online Annual Reporting

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.



Do You Have Strata Buildings Less than 6 Years Old?

The NSW Government has announced a win for strata managers and owners corporations who have buildings under 6 years old.

You now have an avenue to pursue the rectification of any common property for major building defects, subject to eligibility.

Here we share the following:

  • Key information
  • What is Project Intervene?
  • Who is Eligible?
  • What is classified as common property?
  • What is a serious defect?
  • How do I register for ‘Project Intervene’?
  • Related information

For specific information visit NSW Government ‘Project Intervene‘

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.



Does NCAT have the Power to Resolve all Strata Disputes?

A recent hot topic has been the width of the powers given to NCAT to resolve strata disputes.

In particular, can NCAT resolve any strata dispute or just some disputes?

This interesting issue was considered in a recent decision of the Appeal Panel of NCAT.

The Strata Schemes Management Act 2015 gives NCAT power to make orders to settle complaints or disputes about the operation, administration or management of strata schemes or the exercise of functions of an owners corporation.  But the width of that power is not entirely clear.

For example, does the power allow NCAT to make an order to resolve any strata dispute?

Here we share a recent case outcome Can NCAT Resolve Any Strata Dispute or Just Some Disputes?

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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.



Short Term Accommodation Restrictions

Popular regional areas of NSW have been experiencing a housing crisis for some time now due to the lack of supply of full-time rental homes, further fuelled by the pandemic and devasting floods in recent times.

What Restrictions are in Place?

In response to the housing crisis new holiday letting regulation has recently come in across the Byron Shire where a home can only be on the short term market for 90 days.

Also, now in place are short term holiday restrictions of no more than 180 days a year for the greater Sydney region, Ballina area, Bega Valley, the City of Newcastle, Dubbo, parts of the Clarence Valley and Muswellbrook regions.

The Loophole

However, some letting agents have found a loophole allowing them to get around the new legislation.

A multi-dwelling property where a person lives in one of those homes can still rent the others without restriction where there is more than one dwelling on the property, which permits a possible 365-day annual income.

These properties are usually defined as:

  • Hosted – where the owner lives on the premises for most of the time, or
  • Non-hosted – where the owner simply plays landlord, and the home is permanently off the long term market

It’s the latter category that has come under fire for inflaming the housing crisis.

A proposed 90-day cap on short-term letting in parts of Byron Shire is expected to be implemented to alleviate a dire rental shortage on non-hosted properties.

The cap, if passed, is set to be enforced from June 2024 to give landlords time to plan ahead.

Do you need a Short Term Accommodation By-law Review?

It’s 8 weeks until the holiday season are your STRA by-laws up to date?


CONTACT US HERE FOR A STRATA BY-LAW REVIEW!

 

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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.



Have Your Say on the NSW Proposed Building Reforms!

The NSW Government is working to increase confidence in the NSW building industry by creating a new foundation for construction, by looking at improvement of laws and consumers/workers protection.

The Government is committed to:

  • Improving safety, accountability and transparency
  • Ensuring high-quality design, construction and maintenance
  • Modernising and simplifying building legislation

How to Have Your Say!

To have your say on the proposed building laws reform in NSW you can:

  • Complete the all-in-one survey which allows you to skip through all topics to those that are of interest to you or;
  • If you are only interested in a single topic, you may complete one or more of the 7 individual survey topics
  • You may also make a submission which allows you to give detailed feedback or respond directly to the questions in the regulatory impact statements

Deadline for Your Feedback

To provide feedback please Friday 25 November 2022.

For more information, please refer to the NSW Government here.

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.