Thank You Strata, Some Handy Links for 2017

Thank you Strata for your support in 2016, we loved sharing our knowledge on all things Strata Law.

As a wrap up here are some useful links from 2016…

  • We shared our knowledge at Forums throughout the year
  • We tweeted, 107 times sharing the latest in strata law
  • We developed Strata By-law Templates for the new strata laws making it easier for you
  • We posted, 30 times on LinkedIn with the latest updates
  • We improved our Levy Collection App, thanks to your feedback
  • We shared our knowledge through 54 newsletters
  • We expanded our team to better service the strata industry

We’re taking a break from 23 December 2016 and returning on 9 January 2017.

We wish you and your families a safe and happy ‘Festive Season’ and look forward to working with you in 2017.

For more information check out muellers.com.au or send an email to enquiries@dev.muellers.4data.com.au and we’ll get back to you on our return.




Are You Prepared for the New Strata Laws?

October 2016 the JS Mueller & Co team presented to the strata industry on the new strata laws ‘Are you Prepared for the New Strata Laws?’ This is in preparation for the new Strata Schemes Management Bill 2015 and the Strata Schemes Development Bill 2015 due to commence 30 November 2016.

The JS Mueller and Co team presented:

  • James Moir: Works By-laws – How will they operate under the new laws?
  • Adrian Mueller: Meetings – What are the changes under the new laws?
  • Faiyaaz Shafiq: Levy Collection – Procedural changes under the new laws?
  • Anna Minassian: Building Defects – What impact will the new laws have?
  • Trish Smith: LevyCollect – How can it benefit you?

Please click below to view presentations and papers:

JS Mueller & Co New Strata Laws Forum Presentations_Oct16
JS Mueller & Co Forum Papers_Oct16

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

 




Leaks, Rust and Mould in Strata… Misery!

It’s the Gold Coasts crumbly ‘faulty tower’ with almost 1,000 building defects. Building experts have described the building as life threatening.

Only seven years old and the apartment block may have to be demolished. Literally sick of living with leaks, rust and mould the long-suffering strata residents of the Silverstone apartment complex are taking ASX-listed property developer Villa World, seeking $20 million in damages.

View the full strata mould article here Silverstone Apartment Defects

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




Just in Time for the Holiday Season…

NSW Fair Trading recently announced the commencement date for the new Strata Schemes Management Act 2015 which will come into effect on 30 November 2016.

A key challenge for strata managers, tenants and owners to ensure they’re across the 90 odd changes, bringing strata into the 21st century.

However, not so for the new building defect bond scheme which will commence on 1 July 2017, allowing for builders, developers and the strata community time to prepare for, and comply with the changes.

The reforms will benefit more than two million people in NSW who manage, own or live in strata.

The final details of the new laws will be published in the coming weeks.

For more information on the new laws visit NSW Government Fair Trading

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




Court Finds Certifier Liable for Building Defects

The NSW Supreme Court recently found a Local Council which acted as the certifier of a house, liable to the homeowner for structural defects.

This case offers hope to owners corporations whose buildings are affected by building defects.

To read the full article – Building Defects Certifier Liable

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




Review of Strata Title Reforms and The Reforms

Bruce Bentley, Partner JS Mueller & Co presented recently at a Legalwise Seminar ‘Review of Strata Title Reforms’.

To view a copy of Bruce’s paper please click the link below.

Strata Renewal Reforms

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




Strata Managers Forum – Proposed New Strata Laws

In September 2015 the JS Mueller & Co team presented at a forum to the strata industry the new proposed strata laws.

  • James Moir: By-laws – How will they operate under the proposed laws?
  • Adrian Mueller: Meetings – What are the changes under the proposed laws?
  • Iain Fairholm: Strata Managers – How will the proposed laws affect you?
  • Faiyaaz Shafiq: Levy Collection – Procedural change?
  • Bruce Bentley: Building Defects – What impact will the proposed laws have?

Since the forum, it has been announced that the new strata laws will come into operation on 1 July 2016.

On 29 Oct 2015, the New South Wales Parliament passed the new Strata Schemes Management Bill 2015 and the Strata Schemes Development Bill 2015.

Papers and presentations are available to view here:

JS Mueller & Co Forum Presentations_Sept15
JS Mueller & Co Forum Papers_Sept15

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

 

 




Home Warranty Insurance Rights Confirmed!

Some good news…

Home warranty insurance generally protects an owners corporation from being out of pocket for the cost to repair building defects where the builder has been made bankrupt.

But what happens when an owners corporation makes a home warranty insurance claim after the builder’s bankruptcy ends. Is it then too late for the owners corporation to make the insurance claim?

The answer is “no” according to a very recent decision of the NSW Supreme Court.

For further information Strata Home Warranty Insurance Rights

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




Once an Icon – Now a Pile of Rubble

Senior Lawyer, Adrian Mueller reminisces…

“In 1980 my parents took me to the Gold Coast for a holiday. It was my first adventure in Queensland. I was 2 years old. We stayed at the (in)famous Iluka hotel.

The Iluka was built in the 1970’s. It was an iconic building – one of the Gold Coast’s first high rises. It had 72 luxury apartments and was a stone’s throw from Cavill Avenue.

It held fond memories for me and, I imagine, many families who enjoyed wonderful times together at the Iluka.

You can imagine my horror when I recently discovered that the Iluka has been demolished. Why? Because of concrete cancer.

You see the owner of the building was faced with a dilemma. Repair the concrete spalling which had been left untreated for decades at exorbitant cost or demolish the building. The owner chose to demolish.

A leading architect Professor Holden, Head of Architecture at the Griffith University in Qld, has said that high rises built in the 1970’s have an average lifespan of 40 years.

That is a sobering thought for apartment owners many of whom cannot afford special levies to repair widespread concrete spalling.

So what is the solution? For some buildings, it may simply be too late. The Iluka is a case in point.

For other buildings, the key is preventative maintenance. As unpalatable as it might be, apartment owners need to realise that spending a little to detect and treat concrete spalling at an early stage saves money in the long run.”

Adrian Mueller also acknowledges that the challenge for strata managers and other stakeholders is to convince owners to invest in proactive maintenance to protect their investment by spending a little in the short term to save big money down the track.

Says  Adrian “Convincing owners to spend now to save later is no mean feat. But it is achievable. And doing so can avoid potential disasters.

I will miss the Iluka.”

Adrian specialises in strata law and those areas of the law that particularly deal with building defects.

“An apartment is someone’s home and most valuable asset. That is something worth protecting and knowing where you stand is vital” says Adrian.

For more information on concrete cancer, visit the following websites – Concrete Cancer or Remedia Structural Repairs

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




Complex Group, Strata & Community Title Law Reform

Bruce Bentley, partner JS Mueller & Co presented recently at a Legalwise Seminar ‘Strata & Community Title Law Reform’ and Complex Group Title.’

For more information read the paper here – Strata & Community Title Law Reform and Complex Group Title

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