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The Pitfalls of Outdated or Non-Existent By-laws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 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.

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 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.

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 I BCOM LLB FACCAL I Partner

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

Contact Us

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

On February 3, 2025, significant changes to strata laws will come into effect in New South Wales.

These reforms are designed to enhance transparency and accountability within the strata management sector. Whether you’re a strata property owner, a member of an owners’ corporation, or a strata manager, it’s crucial to understand these new regulations and how they will impact you.

Key Changes to Strata Laws

1. Increased Disclosure Requirements: Strata managers will now be required to provide more detailed and frequent disclosures to strata property owners.  This includes:

– Connections with suppliers and developers

– Any commissions or training services received

– Detailed financial statements and reports

2. Enhanced Transparency: The new laws aim to ensure that strata managers act in the best interests of the owners’ corporations. By mandating comprehensive disclosures, the reforms seek to eliminate conflicts of interest and promote fairer management practices.

3. Penalties for Non-Compliance: Strata managers who fail to comply with the new disclosure requirements could face significant penalties. This underscores the importance of adhering to the new regulations and maintaining transparent operations.

Impact on Strata Property Owners

For strata property owners, these changes mean greater insight into the management of their properties. Owners will have access to more information, enabling them to make informed decisions and hold strata managers accountable.

What Strata Managers Need to Do

Strata managers should start preparing for these changes now. This includes:

• Reviewing and updating disclosure practices.
• Ensuring all financial and operational records are accurate and up-to-date.
• Communicating with owners’ corporations about the upcoming changes and how they will be implemented.

Conclusion

The new strata laws in NSW represent a significant step towards more transparent and accountable strata management. By understanding and complying with these changes, both strata managers and property owners can contribute to a fairer and more efficient strata system.

For more information visit: NSW government

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 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 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.

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 I BCOM LLB FACCAL I Partner

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

Contact Us

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

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

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

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

The big changes are:

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

Best Practice Guide

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

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

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

Adrian Mueller I BCOM LLB FACCAL I Partner

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

Contact Us

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

Spring is here, and the risk of e-bike and e-scooter fires could rise as owners take advantage of the warmer weather. As these temperatures warm-up, so too does the likelihood of these light electric vehicles being left unattended in common areas to charge overnight.

September’s National Fire Prevention Month serves as a timely reminder of the serious dangers these fires pose. Tragically, hundreds of people across Australia (and worldwide) have been injured or killed due to e-vehicle fires, and online footage showcases the devastating power of these blazes.

To address this growing concern, FPA Australia has organized events like ‘Not so Safe Storage: The Risk of Light EVs in Common Areas’ as part of National Fire Protection Month during September. These initiatives aim to promote awareness and educate residents and the strata industry about the importance of safe e-vehicle charging and storage practices.

Implementing a well-crafted by-law is also a proactive step to mitigate the risk of e-vehicle fires in strata schemes. By establishing clear guidelines for charging, storage, registration, and resident education, owners corporations can significantly enhance the safety of their communities.

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

Adrian Mueller I BCOM LLB FACCAL I Partner

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

Contact Us

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

It is predicted that the Australian home security market will grow by US$6.56 billion dollars by 2030, a 15.73% annual growth from 2024 to 2030*.

What is driving this growth?

This surge is driven by several factors:

• Increased crime rates are making people want to feel secure in their homes and communities.
• Technological advancements offer a wider range of affordable security options.
• The growing popularity of strata living has led to increased demand for communal security measures.

What about privacy?

While residents crave safety, privacy concerns are also on the rise.

The issue is what rights do strata lot owners and owners corporations have to install their own security? Security cameras, in particular, can create complex issues under differing legislation.

Owners corporations and residents should be mindful of their rights under the Surveillance Devices Act 2007 (NSW) to avoid committing any offence.

These two NCAT cases share some valuable lessons Strata, Owners Corporations Lot Owners and Security Cameras

Do you need a by-law?

A well-crafted CCTV by-law is essential for managing security while protecting privacy.

If you need help developing or updating your strata scheme’s CCTV by-law, our experts can assist you.

Contact us today for expert advice, we’re happy to help.

* Source: Research and Markets March 2024

DO YOU NEED TO DEVELOP OR UPDATE YOUR CCTV BY-LAW?

Adrian Mueller I BCOM LLB FACCAL I Partner

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

Contact Us

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

As of 1 July 2024, NSW (and ACT) became the first state in Australia to adopt new and modern defamation laws for the digital age.

Led by the NSW Government the changes in the Defamation Amendment Act 2023 (NSW) will improve the balance between freedom of speech and protection of reputation when someone publishes content through a digital intermediary.

Examples of digital intermediaries include:

• Social Media Platforms
• Review Websites
• Search Engines
• Content Hosts
• Service Providers
• Individuals and organisations who use online platforms to host forums inviting third-party comments (known as forum administrators).

Part A reforms include:

• two conditional statutory exemptions from defamation liability for a narrow group of digital intermediaries, including search engines in relation to organic search results (non-sponsored search results)
• a new innocent dissemination defence for digital intermediaries, subject to a simple complaints process
• empowering courts to order digital intermediaries to prevent access to defamatory content online, even when they are not parties to defamation proceedings
• requiring courts to consider safety, privacy and the public interest when making orders against digital intermediaries to provide the identity or contact details of a poster of online content

To read the full bill and other information including Stage 2 visit NSW Government.

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