2025 Changes to Short Term Rental Accommodation Laws

The NSW Government is currently reviewing the STRA regulations in response to rising rents and housing shortages. While no concrete legislative changes have been enacted for 2025 as of this date, the following key areas are under serious consideration:

What’s Changing in 2025? (Proposed Changes Under Review)

1. Potential Reduction of the 180-Night Cap

    • A key area of review is the statutory 180-night annual limitation for non-hosted STRA within Greater Sydney. A reduction in this cap, potentially to 90 nights per annum, is being seriously contemplated.
    • Proposals for even more restrictive limits, such as a 60-night cap as advocated by certain local councils (e.g., Byron Bay), may influence broader legislative changes or empower further local council action.

2. Tougher Enforcement and Penalties

    • The government is considering the implementation of more stringent enforcement mechanisms and increased financial penalties for non-compliance with STRA regulations. This includes, but is not limited to, failure to register, exceeding permissible nightly limits, and breaches of fire safety standards.
    • An increase in proactive compliance audits is also anticipated, potentially increasing the risk for unregistered or non-compliant STRA operations.

3. Enhanced Local Council Regulatory Powers

    • A potential outcome of the current review is the conferral of greater discretionary authority upon local councils to determine and enforce STRA limitations within their respective local government areas.
    • This could result in significant variations in STRA regulations across different regions, potentially ranging from outright prohibitions in specific zones to more permissive frameworks in others.

4. Consideration of New Levies on STRA Properties

    • The introduction of a new levy or tax specifically targeting STRA properties is under active consideration by policymakers. This approach mirrors recent developments in other jurisdictions, such as Brisbane’s implementation of differential council rating for STRA properties.
    • The primary policy objective of such a measure is to incentivise the return of properties to the long-term residential rental market.

Implications for Strata Schemes and Lot Owners

The proposed amendments to STRA legislation carry significant implications for strata schemes and individual lot owners:

  • Potential Impact on Investment Returns: Stricter nightly caps, particularly for non-hosted STRA, may directly reduce the revenue-generating potential of affected properties.
  • Increased Compliance Burdens: More rigorous enforcement and potentially enhanced safety requirements could lead to increased operational costs for STRA hosts.
  • Regulatory Uncertainty: The prospect of divergent STRA regulations across different local council areas may introduce complexity and uncertainty for owners with properties in multiple locations.
  • Diminished Profitability: The imposition of new taxes or levies would directly impact the financial viability of STRA ventures.
  • Differential Impact on Hosted STRA: Properties operating under a hosted model are likely to be less directly affected by the anticipated changes primarily targeting non-hosted arrangements.

Recommendations for Strata Schemes and Lot Owners

Given the dynamic nature of STRA regulations in NSW, it is imperative for owners corporations and lot owners to:

  • Remain Vigilant: Continuously monitor official announcements and legislative updates issued by the NSW Government regarding STRA.
  • Assess Investment Strategies: Evaluate the potential impact of the proposed amendments on existing and prospective STRA investments.
  • Ensure Full Regulatory Compliance: Conduct thorough audits to verify adherence to current registration requirements, fire safety standards, and any applicable local council regulations.
  • Engage with Legal Counsel: Seek expert legal advice from strata law specialists to understand the implications of the evolving legal landscape and to ensure ongoing compliance.
  • Consider By-law Amendments: Owners corporations may need to review and potentially amend their strata by-laws in response to legislative changes or local council policies.

The anticipated amendments to NSW STRA legislation in 2025 signify a potentially significant shift in the regulatory environment. Proactive engagement with legal counsel and a commitment to staying informed are crucial for navigating these changes effectively and safeguarding the interests of strata communities and individual lot owners.

Easter 2025 and STRA Peak Period: Don’t Let Outdated STRA By-Laws Catch You Out.

Is your strata community prepared for the Easter short-term rental surge? Outdated by-laws can lead to disputes and compliance issues.


IS YOUR STRA BY-LAW UP TO DATE – DO YOU NEED A REVIEW?


Adrian Mueller Partner JS Mueller & Co Lawyers specialising in Strata 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 Importance of a Good Renovation By-law…

Good renovation by-laws will protect all parties such as the owners corporation, the lot owner (and future owners) plus ensure any renovations to a lot, in particular structural, are safe for the building.

A good renovation by-law will outline items such as:

  • A clear statement of the authorised work
  • The time frame for completion
  • Setting out any conditions that must be met
  • All contractors details and their insurances
  • Development consents
  • Recording all works, including structural works
  • Conditions that the lot owner and their contractor/s must adhere to
  • How waste is to be dealt with
  • Hours of work to minimise noise and disturbance to neighbours and the building
  • Access and parking requirements to ensure minimal disturbance to other lot owners and common property areas
  • Who is responsible for any ongoing maintenance
  • Ensuring that all work complies with relevant standards and legislation such as the Building Code of Australia and the Design & Building Practitioners Act 2020
  • Any nuances and more!

Why is it important to ensure that renovation by-laws are thorough?

Apart from wanting the renovation to run smoothly, the type of by-law to be used will depend on the renovation that is being undertaken. For example:

  • Is the renovation a bathroom or kitchen renovation involving waterproofing or changes to floor coverings; and
  • do you need a cosmetic, minor or major renovations by-law?

The tighter the renovation by-law the less likely there will be issues however in the event of an issue a well written by-law will more than likely get things back on track, minimising any disputes. A badly written renovation by-law may only exacerbate the situation and cause unwanted delays and disputes and may even end up in NCAT.

 Are you in need of a renovation by-law?

Our legal team has significant expertise developing renovation by-laws for strata, company, and community living.

  • We have been developing renovation by-laws for 40+ years.
  • We know whether you will require a by-law for renovations for owners corporation approval.
  • We guarantee within 7 days you will receive the right renovation by-law.
  • We also understand that you ‘may’ need your renovation by-law urgently for an upcoming strata meeting – just let us know, we will make it happen.


DO YOU NEED A RENOVATION BY-LAW? CLICK HERE NOW!


Adrian Mueller Partner JS Mueller & Co Lawyers specialising in Strata 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.




Retrospective Approval of Unauthorised Works Possible

Introduction

The Supreme Court has confirmed that an owners corporation and NCAT can grant an owner retrospective approval of work or repairs done by the owner to the common property without the approval of the owners corporation.

However, the Court has also confirmed that there are some prerequisites that must be met before NCAT is able to grant retrospective approval for works done by an owner on common property without the approval of an owners corporation.

The Court has left open the question of whether an owner who does repairs to the common property which an owners corporation should have but did not perform can be compensated for the cost of those repairs.

Facts

Mr Colman owns a lot in a strata building in Pyrmont, Sydney.  Mr Colman and his wife sought the approval of their owners corporation to undertake alterations to a terrace on their lot which affected the common property.  Those alterations included removing and replacing tiles and waterproofing on the terrace. The Colmans alleged that work, or some of it, was necessary to repair defects in the common property which the owners corporation has failed or refused to fix.  Ultimately the Colmans undertook those works without first obtaining the permission of the owners corporation.

The Case

Mr Colman applied to NCAT for orders approving the works he did to his terrace on the grounds that the owners corporation had unreasonably withheld approval of those works and for the owners corporation to pay him damages.  Mr Colman’s application to NCAT was dismissed and an appeal to the Appeal Panel of NCAT was unsuccessful.  Mr Colman then appealed to the Supreme Court but was also unsuccessful.

Ruling

In its decision, the Supreme Court made some key findings about the operation of the Strata Schemes Management Act 2015 with respect to works done by owners that affect the common property.  In summary, the Supreme Court found that:

  • Both an owners corporation and NCAT can give retrospective approval of works or repairs already carried out by an owner to common property directly affecting the owner’s lot, even if the owners corporation did not approve of those works before they were done;
  • In the case of repairs to the common property undertaken by an owner without the consent of an owners corporation, the strata committee could retrospectively approve those repairs;
  • If an owners corporation decides to retrospectively approve work that has been done to the common property by an owner after completion of the work, that approval must be given by special resolution if it involved major renovations;
  • NCAT cannot grant retrospective approval for works or repairs that an owner has done to the common property without the permission of the owners corporation unless the owner has first sought the approval of the owners corporation for those works or repairs (even if that approval is sought after the works or repairs are done);
  • Where an owner wants to do renovations that affect the common property, there is no reason why the owner cannot seek the owners corporation’s approval of those works and agree to take on responsibility for the maintenance and upkeep of the works by way of a special resolution approving a single by-law that both authorises the works and makes the owner responsible for their maintenance and upkeep – separate special resolutions to approve the works and then to adopt a by-law for the works are not necessary;
  • An owners corporation can be taken to unreasonably refuse to approve an owner’s request for consent to carry out works that affect common property, even if the owner’s application for approval has not been voted on at a general meeting, for example, where the application for approval is urgent but the strata committee or secretary refuse to convene a general meeting to consider the issue or decline to do so within a reasonable time or accidentally omit it from the agenda of the next general meeting – in those circumstances there would be a constructive refusal of consent even though no formal decision has been made by the owners corporation at a meeting to reject the owner’s application;
  • A by-law cannot delegate to the strata committee power to approve major renovations undertaken by an owner;
  • An owner cannot recover compensation from an owners corporation for the cost of repairs the owner does to the common property without the authority of the owners corporation or an order approving that work made by NCAT (either prospectively or retrospectively);
  • The question of whether an owner who carried out repairs to the common property which an owners corporation fails to perform can recover compensation from the owners corporation for the cost of those repairs if they are approved by the owners corporation or NCAT remains open and previous cases which indicated that repair costs could not be recovered by the owner under the previous strata legislation do not necessarily shut the gate on recovery of those repair costs under the current legislation;
  • There is no need for an owners corporation to pass a resolution at a general meeting to authorise itself to carry out repairs to the common property – the decision to perform the repairs can be made by the strata committee;

Conclusion

The Colman case provided the Supreme Court with an opportunity to clarify a number of grey areas of strata law.  In doing so, the Court has clarified the power for an owners corporation and NCAT to retrospectively approve of work that has been done by an owner to the common property and also clarified that in some circumstances, an owner’s proposal to carry out work to common property can be rejected by an owners corporation even if the proposal is not put to a vote at a meeting, for instance, where the owners corporation delays dealing with the proposal.

Case citation: Colman v The Owners – Strata Plan No. 61131 [2025] NSWSC 63


Adrian Mueller Partner JS Mueller & Co Lawyers specialising in Strata 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.




Win for Owners Corporation Against Developer

Introduction

The property development industry has become more astute in recent years.  This has resulted in property developers putting in place corporate structures that are intended to protect their assets.  This often results in owners corporations being unable to recover compensation from developers to cover the costs to fix defects that affect their buildings.  So what can be done to avoid that problem?

In this article we take a look at a recent case in which an owners corporation represented by JS Mueller & Co succeeded in convincing the Supreme Court to make a freezing order against a developer to prevent the developer dissipating its assets to ensure that the developer would have sufficient assets to pay any compensation the owners corporation was awarded by the Court to cover the cost to fix building defects.

The Facts

There is a mixed use building in Milsons Point, Sydney containing 125 residential lots and 2 commercial lots.  The building was completed in July 2021.  Since August 2021, the developer has been selling the residential lots in the ordinary course.  The developer has now sold 121 of the 125 residential lots.  The developer still owns 4 of the residential lots. They are effectively the developer’s only assets.

The building contains defects.  The owners corporation has sued the developer in the Supreme Court for damages arising out of those defects.  In the case, the owners corporation has obtained evidence from a quantity surveyor to the effect that the estimated cost to rectify the defects is in the order of $10.6 million.

The Problem

The owners corporation became concerned that the developer’s only assets were the four residential lots that it owned in the building and that once those lots were sold, the sale proceeds would be dissipated and the developer would have no assets left to pay any damages the owners corporation was awarded by the Court.  That would have rendered to the continuation of the court case against the developer pointless.

Application for Freezing Order

In November 2024 the owners corporation applied to the Supreme Court for a freezing order to be made against the developer.  The purpose of that order was to prevent the developer from disposing of its assets up to the value of $10.6 million being the amount of the owners corporation’s claim.  The developer resisted the application for the freezing order and argued that there was no basis for the Court to make that order.

The Decision

On 6 February 2025 the Supreme Court published its decision in which it concluded that it was appropriate for a freezing order to be made against the developer generally in the terms sought by the owners corporation.  The Court was persuaded that there was a danger that any damages that were awarded to the owners corporation would be wholly or partially unsatisfied because the developer might dispose of its assets once it sells the remaining 4 lots in the building that it still owns.  The Court concluded that it was likely that the developer would sell those 4 lots in the future and that it would distribute the profit generated by the sale of the those lots either by way of dividend or as a loan to other members of its corporate group.  This was consistent with the way in which the developer had dealt with the proceeds of sale of other lots it had sold in the development.

Conclusion

The case shows that an owners corporation that is concerned that a developer against whom it has made a claim for damages arising from building defects can take steps to protect its interests and ensure that the developer does not dissipate its assets to avoid having to pay damages to the owners corporation.  The case shows that the Supreme Court will make freezing orders against developers in appropriate circumstances to safeguard the position of owners corporations who are at risk of being left with nothing if the developers of their strata schemes are able to deal with their assets without restraint.

Case citation: The Owners – Strata Plan No. 102081 v Aqualand Constructions Pty Ltd [2025] NSWSC 31


Adrian Mueller Partner JS Mueller & Co Lawyers specialising in Strata 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.




Fire Reforms Now 2026-27: New Key Dates and Changes

The Building Commission NSW has announced a delay in the implementation of planned fire safety reforms. Originally scheduled for February 2025, these reforms will now be rolled out in 2026 and 2027.

New regulations will significantly impact owners corporations, owners, strata managers, developers, and fire safety professionals. These changes, stemming from the Environmental Planning and Assessment (Development Certification and Fire Safety) Amendment (Fire Safety) Regulation 2022, aim to bolster fire safety standards and increase accountability.

What’s Changing?

The biggest shift involves aligning AFSS inspections with Australian Standard 1851-2012. This means:

  • Increased Inspection Frequency: Seven critical fire safety measures now require monthly servicing, a significant jump from previous requirements.
  • Stricter Record-Keeping: Detailed records of all inspections, including any missed servicing, must be kept onsite for at least seven years. These records must be readily available for inspection by authorities.
  • Zero Tolerance for Non-Compliance: Failure to adhere to these new rules can result in hefty fines of up to $66,000 per incident.

The Impact on Your Owners Corporation

These changes translate to:

  • Increased Costs: Expect a rise in maintenance costs due to more frequent inspections and potential repairs.
  • Heightened Risk: The potential for costly fines adds a significant layer of risk for your Owners Corporation.
  • Increased Administrative Burden: Maintaining comprehensive records and ensuring compliance with the new regulations will require careful planning and diligent record-keeping.

What Can Owners Corporation Plan Ahead for?

  • Avoid the Rush: Schedule inspections and engage qualified fire safety practitioners early to avoid last-minute delays and potential penalties.
  • Budget Accordingly: Factor in the increased costs of inspections and potential repairs into your financial planning.
  • Review Existing Records: Gather all necessary fire safety records and ensure they are readily available for inspection.
  • Consult with Experts: Seek guidance from strata compliance experts who can provide tailored advice on navigating these new regulations.
  • Fire Safety By-laws: Reduce your risk and consult JS Mueller & Co Strata Lawyers to ensure your fire safety by-laws are current

New Key Dates and Changes

These new AFSS requirements are a significant shift. By proactively addressing these changes, your Owners Corporation can ensure compliance, mitigate risks, and protect the safety and value of your property.

For more information including the new key dates and changes scheduled for 2026 and 2027 visit NSW Government

Strata, Mitigate your Risk…

It is critical that you prepare and ensure you are across the new  regulations, new key dates and in preparation your fire safety by-laws are up to date.


DOES YOUR FIRE SAFETY BY-LAW NEED UPDATING? CLICK HERE NOW…


Adrian Mueller Partner JS Mueller & Co Lawyers specialising in Strata 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




Newsflash: A Big Win for Owners Corporations

In a significant victory for owners corporations across Australia, the High Court has ruled that builders and developers cannot escape liability for negligent construction work. The landmark decision in Pafburn Pty Limited v The Owners – Strata Plan No 84674 affirms that developers and head contractors bear a non-delegable duty to ensure the quality of construction, even if the work is outsourced to subcontractors. This ruling has far-reaching implications for the building industry and provides greater protection for property owners.

On 11 December ds2024, the High Court of Australia handed down its judgment in the case of Pafburn Pty Limited v The Owners – Strata Plan No 84674. The key findings of the decision are as follows:

Key Findings

  1. Appeal Dismissed: The appeal by Pafburn Pty Limited and Madarina against the NSW Court of Appeal decision in favour of the owners corporation was dismissed with costs. This means that the decision is in favour of the owners corporation.
  2. Non-Delegable Duty: The court held that the duty imposed by Section 37(1) of the Design and Building Practitioners Act 2020 (NSW) (DBPA) is a non-delegable duty. This means that the developer and the head building contractor cannot limit their liability by delegating construction work to others.
  3. Proportionate Liability: The court found that the proportionate liability scheme under Part 4 of the Civil Liability Act 2002 (NSW) (CLA) does not apply to claims for breach of the duty under Section 37 of the DBPA. The liability for breach of this duty is personal and cannot be apportioned among concurrent wrongdoers.
  4. Vicarious Liability: The court clarified that Section 5Q of the CLA, which deals with liability based on non-delegable duties, applies to the duty under Section 37(1) of the DBPA. This means that the developer and the head building contractor are treated as vicariously liable for the negligence of those to whom they delegated construction work.
  5. Economic Loss: The court confirmed that the owners corporation is entitled to claim damages for economic loss caused by defects in the building arising from the construction work, as per Section 37(1) of the DBPA.
  6. Legislative Intent: The court emphasised that the DBPA was enacted to address public concerns about building defects and to ensure that owners have effective redress for economic loss caused by such defects. The provisions of the DBPA are intended to impose individual and collective responsibility on building practitioners for their work.
  7. Outcome: The matter was remitted to hearing to determine whether the list response pleading can be maintained against all alleged wrongdoers, specifically whether they can be characterised as persons who carry out construction work under the DBPA.

These findings reinforce the non-delegable nature of the duty of care imposed on developers and head contractors under the DBPA and clarify the interaction between the DBPA and the CLA. This is good news for an owners corporation because it means that a builder and developer cannot attempt to limit or apportion their liability by arguing that the work was done by someone else, in other words, their duty cannot be delegated to a subcontractor (non-delegable duty).

An owners corporation can still take direct action against subcontractors (if necessary), although the owners corporation must be able to establish that the subcontractors carried out construction work within the meaning of the DBPA and breached the duty in section 37 of DBPA. We also note that the decision does not prevent cross claims by the builder and developer.

Complex Area of Law

This is a complex area where we have significant experience please contact us if you have a similar case.


Helen Amanatiadis JS Mueller & Co Strata Lawyers - Senior Lawyer and Accredited Specialist Commercial Litigation in Building and Construction Law

Helen Amanatiadis I LLB LLM I Lawyer

Helen is admitted as a practitioner of the Supreme Court of NSW and High Court of Australia. Highly qualified Helen has over 25 years of experience in commercial dispute resolution, with a primary focus on building and construction and strata law. 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.




Strata Hub Updates: New Features Dec 2024

The Strata Hub is getting a major upgrade this December, with a raft of new features designed to streamline workflow and improve efficiency for strata managers and owners.

What Can You Expect from the Strata Hub Updates?

The new key features include:

  • Transfer feature: This handy new tool will streamline the process of transferring strata records to a new managing agent.
  • Vacant positions: Keep track of strata committee vacancies with the new vacant positions feature.
  • Library of key resources: Strata Hub will now house a comprehensive library of essential resources, all in one place.
  • Public strata search: Find the information quickly and easily with the new public strata search function.
  • Streamlined scheme reporting: This allows strata managers to pull accurate and up-to-date data and reporting directly for schemes managed.
  • Data validation: Ensure the accuracy of strata data with the new data validation tools.

These new features have been designed to make Strata Hub a more efficient, effective, and valuable resource for strata managers and owners.

Further details and training resources will be available in the coming weeks.

For more information visit NSW Government Strata Hub


Adrian Mueller Partner JS Mueller & Co Lawyers specialising in Strata 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.




New NSW Strata Living Essentials Guide Released

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 Partner JS Mueller & Co Lawyers specialising in Strata 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.




Lithium-Ion Batteries a Fire Danger for Strata

NSW Fire and Rescue (FRNSW) continues to grapple with a concerning surge in e-bike and e-scooter fires, with at least five incidents per week in NSW linked to lithium-ion batteries.

A recent fire at an inner Sydney e-bike shop, resulting in the evacuation of an entire apartment block, underscores this alarming trend.

FRNSW emphasizes the need for increased awareness and education regarding the safe selection, use, charging, storage, and disposal of lithium-ion batteries to minimize the risk of fires.

Key Safety Tips

  • Never leave charging devices unattended: Avoid sleeping or leaving your home while lithium-ion batteries or powered devices are charging.
  • Disconnect chargers: Unplug chargers once batteries are fully charged.
  • Avoid hazardous storage: Keep batteries away from exits and flammable materials.
  • Proper disposal: Do not dispose of batteries in regular trash or recycling bins.
  • Recycling: Take used lithium-ion batteries to nearby BCycle battery recycling drop-off points.
  • Buy reputable brands: Purchase batteries and chargers from trusted sources.
  • Avoid mixing components: Do not combine batteries or chargers from different brands.
  • Implement a by-law: Owners corporations should adopt an e-bike/e-scooter by-law to manage resident safety and mitigate fire risks.
  • For more information, visit FRNSW Lithium-ion Battery Safety.
  • In case of a fire, evacuate immediately and call 000.

A By-law Can Proactively Safeguard Your Strata Community

By implementing a well-crafted by-law, Owners Corporations can significantly reduce the risk of e-vehicle fires and establish clear guidelines, including:

  • Protection for owners corporations in case of battery fire incidents
  • Safe charging practices for lithium-ion batteries
  • Restrictions on battery types to ensure safety
  • Proper disposal procedures to prevent hazards
  • Registration and storage requirements for e-vehicles
  • Resident education for e-vehicle safety

We strongly recommend implementing an e-vehicle by-law for e-bikes, e-scooters, and other e-vehicles, especially as warmer weather approaches and more residents use these modes of transportation.


GET YOUR E-BIKE / E-SCOOTER BY-LAW HERE NOW!


Adrian Mueller Partner JS Mueller & Co Lawyers specialising in Strata 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.




New Laws: Strata Managers Face Tougher Penalties

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 Partner JS Mueller & Co Lawyers specialising in Strata 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.