Come November 2016, throwing a snag on the barbie or having a puff on a ciggie could be considered a ‘nuisance or hazard’.

Under the new strata reforms owners corporations will be able to enforce a ban by issuing a notice to comply with smoke drift, such as that from tobacco and barbecues, under the by-law changes.

Fines

If the barbequer or smoker fanatic fails to comply the matter could be taken to NCAT, who has the power to issue fines of up to $1,100 (double that of the old laws) and if the offender repeats the offense within 12 months, double it again – $2,200.

The owners corporation will be able to take action against offenders rather than leaving this to individual owners.

By-laws

The proposed model by-law provides 3 options:

1. Smoking in a lot is permitted but there must be no smoke penetration into any other lot or the common property.

2. Smoking in a lot is permitted but there must be no smoke penetration into any other lot or the common property. Smoking on the common property is also permitted but only in either designated smoking areas or with the written permission of the owners corporation.

3. Smoking in a lot is permitted but there must be no smoke penetration into any other lot or the common property. Smoking on common property is expressly prohibited.

It’s also important to note that there are currently no options in regards to the complete ban on smoking in schemes.

Also, any new model by-laws generally do not apply to existing schemes. They’ll only apply to strata schemes registered after the commencement of the 2015 Act if and that’s if the developer chose the option to go with model-by-laws.

For more information visit NSW Government Fair Trading.

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

About JS Mueller & Co

JS Mueller & Co has been servicing the strata industry across NSW for almost 40 years. We are a specialist firm of strata lawyers with in depth and unmatched experience in, and comprehensive knowledge of strata law and levy collection. We are here to assist you every step of the way.

Over 90 new strata laws will come into play later this year and of the 90 these are some changes that will most likely make a difference to your everyday.

1. Parking

Owners corporations will be able to reach agreements with local councils to allow parking officers into their schemes to issue fines to rogue parkers. Not only rogue parkers but residents who park over the lines of their parking spaces on to common property or leave their cars in visitor parking (however briefly) could also be ticketed. Read more here.

2. Fines

Almost all fines will be paid to the owners corporation, but this won’t be a cash cow for over-zealous committees; they still have to go through the same tribunal process. Read more here.

3…to read the new ‘top ten’ click here – New Strata Laws – Top 10

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

About JS Mueller & Co

JS Mueller & Co has been servicing the strata industry across NSW for almost 40 years. We are a specialist firm of strata lawyers with in depth and unmatched experience in, and comprehensive knowledge of strata law and levy collection. We are there to assist you every step of the way.

On 1 March 2016, the NSW Parliament made sweeping amendments to legislation regulating valuers. This included amendments to the strata and community schemes legislation that managed to sneak through under the radar.

Now an owners corporation or community association is no longer required to obtain a building valuation for insurance purposes every five years.

Read the full article here – Periodic Building Insurance Evaluations

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

It’s becoming increasingly common for strata meetings to be recorded.

So what happens when a person announces that he or she intends to record a strata meeting and some of those present object to the meeting being recorded?

Is it legal to do so?  The answer might surprise you.

To read the full article click here now – Recording Strata Meetings

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

New strata by-laws allowing pets in units, managing illegal parking and curbing smoking on apartment balconies are part of the biggest overhaul of strata laws in more than 50 years. Set to come into play 1 July this year, what do they mean?

 Pets

The new changes to pet strata by-laws will have an impact on people living with pets. Under the current model there are 3 options and these will change come 1 July. The current options are:

1. Owners corporation to approve pets (except fish), but approval cannot be unreasonably refused.
2. Owners corporation to approve pets, some pets are allowed without approval, the owner must advise the owners corporation if they are keeping a cat, dog, caged bird or fish, but approval cannot be unreasonably refused.
3. No pets allowed.

Note: Currently if the owners corporation chooses no option it will default to option 1.

What happens post 1 July?

The new strata by-laws will not remove a scheme’s ability to make its own rules about pets. However, if the new model by-law is adopted, the request to keep a pet cannot be unreasonably refused. If the owners believe approval was unreasonably withheld, they can apply to the Tribunal.

For more information – Fair Trading Strata Law Reforms

Parking

Drivers who illegally park in visitor bays of strata communities could soon be slapped with $550 fines by the City of Sydney Rangers if a plan to crack down on non-approved parking takes hold.

This strata reform will assist to reduce one of the most common disputes concerning unauthorised parking by residents misusing visitor parking spots, or outsiders with no connection to the strata scheme parking on common property without prior approval.

So, how will it work?

A scheme will need to enter into an agreement with an authorised council which will allow them to enter the property, erect signage and issue fines. It’s not mandatory; schemes have a choice as to whether they wish to enter into such arrangements.

For more information read – Better Parking Control

Support for smoke-free multiunit living is on the rise, particularly with people living with children and it’s predicted that it’s only a matter of time before most strata buildings go smoke-free.

The NSW Government has said that the new strata laws would make clear that smoking and second-hand smoke exposure could constitute a nuisance that could be outlawed.

How can it be imposed?

Simply, an owners corporation can make a strata by-law banning smoking throughout an entire strata building. Orders can also be made against residents who smoke or allow their cigarette smoke to drift into other units, and landlords can be held liable to their tenants for second hand smoke exposure.

To read the full article written by partner, Adrian Mueller click here – Wake up and Smell the Smoke

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

About JS Mueller & Co

JS Mueller & Co has been servicing the strata industry across NSW for almost 40 years. We are a specialist firm of strata lawyers with in depth and unmatched experience in, and comprehensive knowledge of strata law and levy collection. We are there to assist you every step of the way.

Trial our new online ‘Levy Collect’ service today. Simply send an email to jsmmarketing@dev.muellers.4data.com.au and we’ll be in touch week commencing 11 January 2015.

Millions of Dollars

We understand that raising and receiving funds for building maintenance and scheme administration is fundamental to an efficiently-run scheme. That’s why, in 2015, the Muellers team collected millions of dollars in outstanding levies.

Access 24/7/365

Based on feedback from our clients, we also enhanced our levy collection service with a new online system ‘Levy Collect’, making it even easier for you to access your matters 24/7/365, anywhere, anytime from your desktop, laptop, tablet or smartphone….giving you back time to focus on other things.

FREE Trial

Anyone who would like to trial our new online ‘Levy Collect’ service can do so by contacting us and we’ll be in touch in 2016 with the details.

Trial our new service today by simply sending an email to jsmmarketing@dev.muellers.4data.com.au and we’ll be in touch week commencing 11 January 2015.

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

As the holiday season arrives, we’d like to take this opportunity to thank you for your support. It is through the satisfaction and loyalty of our clients that we can truly be a success at what we do!

Thanks to you, the Muellers team have been busy helping communities throughout 2015…

New Laws

The new strata laws will kick-in 1 July 2016, so, if you are looking to speak to a team of experts in strata law, we’d be happy to help. The Muellers team has over 130 years’ combined experience so you know you will be speaking to a team with knowledge and experience.

In fact, the Muellers team resolved hundreds of strata legal matters during 2015 including litigation and dispute resolution, building and construction, strata disputes, strata by-laws, levy recovery, management and property development.

And did you know we can also assist with conveyancing, wills and estate planning, and commercial leasing?

Millions of Dollars

We also understand that raising and receiving funds for building maintenance and scheme administration is fundamental to an efficiently-run scheme. That’s why, in 2015, the Muellers team collected millions of dollars in outstanding levies.

Access 24/7/365

Based on feedback from our clients, we also enhanced our levy collection service with a new online system ‘Levy Collect’, making it even easier for you to access your matters 24/7/365, anywhere, anytime from your desktop, laptop, tablet or smartphone….giving you back time to focus on other things.

No strings attached!

Anyone who would like to trial our new online ‘LevyCollect’ app can do so by sending an email to jsmmarketing@dev.muellers.4data.com.au and we’ll be in touch week commencing 11 January 2016 with the details.

And that’s the wrap-up…

We are taking a holiday break from 23 December 2015 and return on 11 January 2016.

We look forward to working with you in 2016.

We wish you and your families a safe and happy festive season!

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

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

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

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

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

Papers and presentations are available to view here:

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

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

On 29 Oct 2015, the New South Wales Parliament passed the new Strata Schemes Management Bill 2015 and the Strata Schemes Development Bill 2015. These new laws will come into operation on 1 July 2016.

The new legislation contains around 90 changes to the existing laws, some of which are said to be controversial, and only time will tell what effect it will have on the strata landscape in NSW.

Minister for Innovation and Better Regulation, Victor Dominello, said in his contribution to the debate: “Today more than two million people live and work in strata. The new laws will cater for the needs of 21st century strata living,”

He further stated that: “The new laws will modernise collective decision making processes, increase protections against unresolved building defects and improve outdated regulation impacting on renovations.”

Like any Act of Parliament, there are regulations that work hand in hand with the Act. Public consultation on the draft regulations to accompany the new Acts, including model by-laws, will commence in early 2016. When that consultation begins we will provide more information about the proposed regulations.

Further information: www.fairtrading.nsw.gov.au

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

JS Mueller & Co Senior Lawyer and strata law expert, Adrian Mueller, discusses home warranty insurance in REINSW Strata Management Chapter News.

Adrian strongly expressed that knowledge is essential, especially when it comes to home warranty insurance and understanding what rights you have.

Click here now to view this case study which outlines the importance of  Home Warranty Insurance

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

About JS Mueller & Co

JS Mueller & Co has been servicing the strata industry across NSW for almost 40 years. We are a specialist firm of strata lawyers with in depth and unmatched experience in, and comprehensive knowledge of strata law and levy collection. We are there to assist you every step of the way.

JS Mueller & Co Headquarters
Level 1, 240 Princes Highway
Arncliffe Sydney Australia 2205
www.muellers.com.au

Media inquiries: Contact Julie Schoneveld on 02 9562 1266 or 0435 939 491