Navigating Air Conditioner Replacements in NSW Strata

Replacing an air conditioner in a NSW strata property might appear simple on the surface.

However, the replacement of air conditioners can often become a point of contention if not managed correctly under the existing strata framework. This is where clear, comprehensive by-laws play a crucial role.

We frequently assist strata communities across NSW in navigating the complexities of common property and individual lot responsibilities. One area that consistently presents challenges is the replacement of air conditioning units.

While the Strata Schemes Management Act 2015 and its regulations provide a baseline, they often lack the specific guidance needed to address the nuances of modern air conditioning systems and the evolving needs of strata schemes.

The Pitfalls of Outdated or Non-Existent By-laws

Without well-defined by-laws addressing air conditioner replacements, strata schemes can face several potential issues:

  • Disputes over responsibility: Who is responsible for the cost of replacement – the individual owner or the owners corporation? This can be particularly unclear when the unit services only one lot but is affixed to common property.
  • Inconsistency in replacements: Without guidelines, owners may install different types or sizes of units, potentially impacting the building’s aesthetics, energy efficiency, and common property infrastructure (e.g., electrical load, drainage).
  • Noise and vibration concerns: Upgraded or poorly installed units can lead to noise complaints affecting neighbouring lots, creating disharmony within the community.
  • Insurance implications: Lack of clarity on responsibility can complicate insurance claims related to damage or malfunction of air conditioning units.
  • Approval processes: Without a clear by-law outlining the approval process for replacements, committees can be burdened with inconsistent requests and lack a framework for fair decision-making.

The Solution: Proactive By-law Updates

The key to mitigating these risks and fostering harmonious living within your strata scheme lies in having clear and up-to-date by-laws specifically addressing air conditioner replacements. These by-laws can provide crucial guidance on:

  • Defining responsibility for replacement costs
  • Setting standards for replacement units.
  • Establishing a clear approval process
  • Addressing common property impact
  • Defining maintenance responsibilities

Our specialist strata lawyers can:

  • Review your existing by-laws: Assessing their adequacy in addressing air conditioner replacements.
  • Draft new or amended by-laws: Tailoring them to the specific needs and characteristics of your strata community, ensuring compliance with current legislation.
  • Guide you through the by-law change process: Ensuring all legal requirements are met for the successful implementation of new or updated by-laws.

Investing in clear and comprehensive by-laws regarding air conditioner replacements is an investment in the smooth operation and harmonious living of your NSW strata scheme.

Don’t wait for a dispute to arise – proactive review and updates can save your strata scheme significant time, money, and stress in the long run.


AIR CONDITIONER REPLACEMENT: NEED A BY-LAW UPDATE OR A SPECIFIC NEW BY-LAW?


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.




Unfinancial Owners: Denied Access to Facilities

Strata living in New South Wales offers a unique community environment with shared amenities like pools, gyms, and BBQ areas. However, the enjoyment of these facilities relies on owners contributing to their upkeep through regular levy payments. But what happens when an owner falls behind on their levies? Can they be denied access to these common facilities?

The Legal Position in NSW

In New South Wales, the Strata Schemes Management Act 2015 (SSMA) governs the rights and responsibilities of lot owners, including the implications of unpaid levies. An owner who has not paid their levies (including any interest and recovery costs) is considered an “unfinancial owner.”

The SSMA does impose some restrictions on unfinancial owners. Specifically, the Act restricts their participation in certain strata matters such as being restricted from voting at general meetings (except on motions requiring a unanimous resolution) and being elected to the strata committee.

However, it’s crucial to understand that the SSMA does not grant an automatic right to an owners corporation to deny an unfinancial owner access to common property facilities.

The Critical Role of By-Laws

The ability to restrict an owner’s access to common property facilities hinges on the existence and validity of specific by-laws within the strata scheme.

  • By-laws and Restrictions: If a strata scheme’s registered by-laws explicitly include provisions restricting access to common facilities for lot owners with unpaid levies, then the owners corporation may have grounds to enforce those restrictions.
  • Validity of By-laws: Even when such by-laws exist, their enforceability is not guaranteed. Section 150 of the SSMA empowers the NSW Civil and Administrative Tribunal (NCAT) to deem by-laws “harsh, unconscionable, or oppressive,” which can render them invalid.
  • Legal advice is essential: Given the complexities of the legislation and the potential for legal challenges, owners corporations should always seek updated legal advice to determine the enforceability of any by-laws that restrict facility access. What might have been considered enforceable in the past may not be today.

Important Considerations for Owners Corporations

Owners corporations need to proceed cautiously and ensure they are acting within the boundaries of the law. Here are some key considerations:

  • Check the by-laws: The first step is to verify that the strata scheme has a by-law that specifically addresses the issue of restricting access to common property facilities for unfinancial owners. If no such by-law exists, the owners corporation cannot legally enforce such a restriction.
  • Assess the enforceability of the by-law: Even if a relevant by-law is in place, it is essential to assess its enforceability as a by-law that is deemed harsh, unconscionable, or oppressive is unlikely to be upheld.
  • Seek updated legal advice: Strata law is subject to change, and legal interpretations can evolve over time. Owners corporations should obtain current legal advice to ensure that their by-laws and enforcement actions comply with the latest legal standards.
  • Apply to NCAT if necessary: If an enforceable by-law exists and an owner refuses to comply with it, the owners corporation may need to apply to NCAT for an order to enforce the by-law.

Proactive Measures: Promoting By-Laws and Levy Collections

To minimize disputes and ensure the smooth functioning of the strata scheme, owners corporations should adopt a proactive approach:

  • Clear and comprehensive by-laws: Develop and maintain by-laws that are clear, unambiguous, and consistent with the SSMA. Ensure that all owners have easy access to these by-laws.
  • Effective levy collection: Implement a robust system for collecting levies, including:
    • Issuing levy notices promptly.
    • Offering a range of payment options.
    • Following up on overdue payments in a timely and consistent manner.
    • Establishing a clear policy for handling levy arrears.
  • Dispute resolution: Establish clear and fair procedures for resolving disputes related to levy payments and access to facilities.
  • Professional guidance: Seek legal advice as needed to ensure compliance and best practices.

In NSW, the ability of an owners corporation to restrict an unfinancial owner’s access to common property facilities is not automatic. It depends on the specific by-laws of the strata scheme.


ACCESS TO FACILITIES: DO YOU NEED TO UPDATE YOUR BY-LAWS FOR UNFINANCIAL OWNERS?


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.




Is Your Landlord Planning Strata Renovations?

Spring has sprung!

Is your landlord planning to do strata renovations – cosmetic, minor or major?

Did you know in NSW there are different rules that your landlords must follow for the 3 types of renovations when renovating their strata apartment?

1. Cosmetic Work

Landlords can generally do cosmetic work without approval from the owners corporation however this will depend on the types of renovation by-laws in place. Be sure to check what by-laws apply in their strata scheme as the owners corporation could have changed what is classified as cosmetic work or have a renovation by-law requiring approval to do cosmetic work.

2. Minor Renovations

If your landlord is planning to carry out minor renovations, then approval from the owners corporation is required.

Project plans, a timeline and details of all qualified trades or contractors who will carry out the minor renovations are also required to be submitted for approval. All lot owners will then vote on the project at an Annual General Meeting or Extraordinary General Meeting – the landlord will need over 50 percent in favour for the project to proceed.

3. Major Renovations

For major renovations you must obtain approval by a special resolution (a 75% majority) at a meeting of the owners corporation, and a special renovation by-law is also required to authorise the work.

Again, project plans, a timeline and details of all qualified trades or contractors who will carry out the major renovations will need to be also provided to seek approval.

Does Your Landlord Require a Renovation By-law?

We have 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.


GET THE RIGHT RENOVATION BY-LAW HERE!

Contact Us

Do you require a renovation by-law or any other strata or property legal advice? Contact us here now, we’re happy to help.

Follow Us


Linkedin


Twitter


Envelope




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.




Recording Meetings: A Supreme Court Case

Introduction

A meeting of an owners corporation or strata committee cannot be recorded without the consent of those present at the meeting.  This is because section 7 of the Surveillance Devices Act 2007 prohibits a person using a listening device to record a private conversation and conversations at meetings that cannot be attended by members of the public involve private conversations.

But what happens when those present at a meeting know that the meeting is being recorded, do not object to the recording and allow the meeting to continue whilst it is being recorded?  In those circumstances, do those who attend the meeting grant their implied consent to the meeting being recorded?  A recent Supreme Court case helps provide the answer to that question.

Facts

Several people were having a conversation on a property.  One of them used a mobile phone to take a video recording of the conversation.  The recording of the conversation by use of the mobile phone was obvious.  And one of the people involved in the conversation stated that it was being recorded and explained why.  One of the parties to the conversation did not object to the recording and continued to converse with the others present.  A minute or so later that person said “What’s all this videoing shit?” whilst smiling and gesturing towards the camera as he continued to converse with the others. The person also raised his hand towards the camera at various times in order to placate the concerns of the others during a heated discussion about the removal of a power pole on their property.

The Decision

A dispute between the parties to the conversation ended up in the Supreme Court.  The person who was filmed objected to the video recording of the conversation being adduced in evidence.  The Court had to decide whether the video of the conversation was taken with the implied consent of that person.  The Court concluded that it was because that person had knowledge that the conversation was being recorded, he could see and was told that he was being filmed and he accepted that in order to continue to have the conversation with the others he would be filmed.  At no point did the person object to being filmed as a condition of continuing the conversation.  For these reasons, the Court permitted the video recording of the conversation to be admitted into evidence because it did not fall foul of the prohibition in section 7 of the Surveillance Devices Act 2007.

Conclusion

The case provides a salutary lesson for those who attend meetings of an owners corporation or strata committee that are being recorded.  If those present know that the meeting is being recorded, do not object to the recording and continue with the meeting, then there is a good argument that they have impliedly consented to the recording of the meeting and cannot later object to the recording being used for any legitimate purpose including as evidence in litigation.

Case: Brown v Etna Developments Pty Ltd (Surveillance Devices) [2025] NSWSC 218


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.




Urgent Warning: Lithium-Ion Battery Fire Risk Soaring

NSW firefighters are battling a dramatic surge in lithium-ion battery fires, with more than one fire per day this month. This alarming trend has prompted fire officials to issue urgent warnings about potential fatalities and highlights the critical need for strict rules around lithium batteries, particularly within strata complexes.

The Growing Threat

The number of lithium-ion battery fires in NSW has increased significantly each year since 2022. Already in 2025, there have been 25 reported fires, with firefighters responding to more than one daily. A recent fire, suspected to be caused by an e-bike battery, underscores the danger.

Key Concerns for Strata

  • Increased Frequency: The rapid rise in these fires poses a direct threat to the safety of residents and property within strata buildings.
  • Recent Incidents: Multiple fires in quick succession demonstrate the volatile nature of these batteries and the potential for rapid escalation.
  • Official Warnings: Fire and Rescue NSW officials have explicitly warned of the likelihood of fatalities from battery fires, emphasizing the urgency of the situation.
  • Improper Handling: The increasing use of these batteries, coupled with the potential for improper charging and storage, significantly elevates the risk in densely populated strata environments.

Data Highlights the Danger

  • 2022: 165 fires
  • 2023: 272 fires
  • 2024: 318 fires
  • 2025 (to date): 25 fires

Taking Proactive Steps in Strata

This surge in fires underscores the growing risk associated with lithium-ion batteries and the need for immediate action within strata. It is strongly recommended that strata committees consider implementing comprehensive by-laws addressing the following:

  • E-bike and E-scooter Storage: Designating safe and appropriate storage areas, potentially away from common areas and flammable materials.
  • Charging Regulations: Establishing clear guidelines for charging these devices, including restrictions on charging in common areas or overnight.
  • Battery Disposal: Providing information and resources on the safe disposal of lithium-ion batteries.
  • Resident Education: Raising awareness among residents about the fire risks associated with lithium-ion batteries and promoting safe handling practices.

For more information read the full media article here 

Protecting Your Community

By implementing a by-law and taking these proactive steps, strata committees can significantly reduce the fire risks associated with lithium-ion batteries. Prioritizing safety and working collaboratively with residents, building managers, and local authorities is crucial to ensuring a secure environment for the entire community. Don’t wait for a tragedy to happen – act now to protect your strata complex.


GET YOUR ELECTRIC VEHICLE (EV) 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.




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




A Greener Future: Rethinking Laundry By-laws

An owners corporation has the power to shape the future of its community. By making informed decisions about by-laws, an owners corporation can foster a more sustainable and environmentally friendly living environment.

The Choice of Outdoor Drying

Historically, people have relied on the sun and wind to dry their clothes. This simple, energy-efficient method not only reduces carbon emissions but also promotes healthier living for any community.

However, many strata by-laws restrict or prohibit outdoor drying, citing concerns about aesthetics or property values.

Indeed, for over 30 years, the model by-law concerning the drying of laundry items prohibited residents drying clothes in a way that is visible from outside their building without the consent of their owners corporation.

As the cost of living continues to rise, residents are looking at many ways to reduce costs. Using a dryer is no longer an option for many as they struggle with the costs of ever increasing energy bills.

This has led many strata owners to consider the option of drying their washing outside without use of a dryer.

Indeed, the new set of model by-laws introduced in November 2016 changed the default position in order to permit the drying of clothes outdoors (except over balcony railings) without owners corporation approval.

The Potential Benefits of Outdoor Drying in Strata:

  • Reduced Energy Consumption: By relying on natural elements, residents can significantly reduce their energy consumption and lower their carbon footprint.
  • Improved Air Quality: Outdoor drying can help to reduce indoor air pollution, which is often exacerbated using dryers which can also cause mould and damp issues.
  • Cost Savings: By eliminating the need for energy-intensive dryers, residents can save money on their utility bills.
  • Enhanced Community Spirit: Communal clotheslines can foster a sense of community and encourage social interaction among residents.

By relaxing restrictions on outdoor drying, an owners corporation can empower residents to make environmentally friendly choices.

What are the Options?

Consider the following options:

  • Maintain Current By-Laws: Keep existing restrictions on outdoor drying in place.
  • Relax Restrictions: Allow residents to dry laundry outdoors, perhaps with specific guidelines to maintain a clean and tidy appearance and to ensure washing is only permitted to remain outside for a reasonable period.
  • Promote Communal Clotheslines: Encourage the installation of communal clotheslines in common areas, providing residents with a convenient and sustainable option.
  • Educate Residents: Inform residents about the benefits of outdoor drying and how it can contribute to a greener future.
  • Improving Air Quality, Improves Health: Not drying clothes inside will reduce indoor air pollution and reduce the risk of mould and damp issues.
  • Lead by Example: Consider implementing sustainable practices such as recycling and energy-efficient lighting.

By carefully considering these options and engaging with your community, you can make informed decisions that will benefit both the environment and strata residents.

Review your Strata By-laws

Don’t let laundry disputes disrupt your community. Review your strata building’s laundry by-law now to ensure it’s clear, fair, and up to date. You’ll maintain a harmonious community and prevent future disputes. Speak to the experts today!


REVIEW YOUR LAUNDRY BY-LAW 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.




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.