Is Change in the Air for Short Term Lettings?

There has been considerable recent media coverage concerning proposed changes to laws regulating short term lettings in apartment buildings in NSW.

Many in the media are saying that owners corporations are going to lose the right to prohibit short term lettings in their buildings. Is that right? What does the NSW Government really have in store for short term lettings?

To read the full article – Short Term Lettings – Changes in the Air

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



Leaks, Rust and Mould… Misery!

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

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

View the full article here Silverstone Apartment Defects

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



Out With the Old and in With the New!

In May 2016 the JS Mueller & Co team presented a forum to the strata industry on the new strata laws ‘Out with the Old and in with the New’. This followed the recent announcement that the New South Wales Parliament passed the new Strata Schemes Management Bill 2015 and the Strata Schemes Development Bill 2015.

JS Mueller and Co senior lawyers presented:

  • James Moir: Works By-laws – How will they operate under the new laws?
  • Adrian Mueller: Meetings – What are the changes under the new laws?
  • Faiyaaz Shafiq: Levy Collection – Procedural changes under the new laws?
  • Bruce Bentley: Termination & Renewal of Strata Schemes – What impact will the new laws have?

Please click here to view papers and presentations:

JS Mueller & Co Forum Presentations_May16
JS Mueller & Co Forum Papers_May16

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



Court Finds Certifier Liable for Building Defects

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

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

To read the full article – Building Defects Certifier Liable

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



We Wish You a Safe & Happy Festive Season!

From the entire JS Mueller & Co team we wish you a Safe and Happy Festive Season!

We are taking a short break from the 23rd December 2015 and returning on the 11th January 2016.

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266 and we’ll get back to you following our break.



Home Warranty Insurance Rights Confirmed!

Some good news…

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

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

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

For further information Strata Home Warranty Insurance Rights

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



Strata Managers Forum – Short Term Tenancies

Short term tenancies have long posed problems for community living.  The problem most commonly arises in communities where there is a mixture of permanent residents and short term tenants.  Issues of noise, damage to common property and inappropriate behaviour are often attributed to short term tenants.  Short term tenants vary from backpackers to holidaymakers to short term workers.

Strata schemes have tried to both regulate short term tenants and prohibit short term tenancies by use of by-laws.

Effectively regulating the behaviour of short term tenants has proved difficult.  Short term tenants are exactly that, short term, and are not generally around long enough to be effectively subjected to the laborious and lengthy procedures set out in the Strata Schemes Management Act 1996 (“the Act”) for enforcement of by-laws.

Click below to download the presentation and full paper on Short Term Tenancies from our April 2015 seminar:

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



Strata Managers Forum – Adjudcations and NCAT

How are most strata disputes resolved? What is the difference between strata mediation and strata adjudication? How long does the process take? How much does it cost?

The NSW Government wants most strata disputes to be resolved quickly, cheaply, and out of court. For this reason an entire Chapter of the Strata Schemes Management Act 1996 (“Strata Act”) outlines, in considerable detail, a process for resolving most types of strata disputes.

This process typically involves, first, strata mediation, followed by strata adjudication, and then an appeal to the NSW Civil and Administrative Tribunal.

Click below to download the presentation and full paper on Strata Adjudications and NCAT from our April 2015 seminar:

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



What Type of Renovations Require a By-law?

What sort of renovations require a by-law?

Renovating an apartment, as opposed to a house requires a different set of approvals, the most obvious is the fact that you have a share in the land along with the other residents. Everything you do inside your own apartment has some effect on everyone else.

There are laws, rules and regulations governing this, known as strata title, and owners corporation so it pays to ensure that you understand what type of renovations require a by-law.

Click below to download the presentation and full paper on Renovation By-laws from our April 2015 seminar:

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



11 Steps to Combat Short Term Letting

As any Airbnb (and similar sites) convert will attest, where there’s a spare bed, there’s money to be made. But while the rise and rise of short-term letting sites have delivered a windfall to many apartment-owners for some, its days – or nights – may be numbered.

Many residential committees are hitting back at apartment owners who sublet their lot’s, blaming loud parties and bad behaviour for the move to stamp out the unofficial ‘bed-and-breakfast’ businesses.

It’s apparent that many Australians are fed up with the issues surrounding short term letting and are looking for solutions.

Bruce Bentley, expert Strata Lawyer provides ‘eleven steps to combat short term living’ inclusive of case studies and a podcast. Click below to download his paper inclusive of case studies.

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