The Land and Environment Court has recently approved a collective sale of a strata scheme.

This is the first time the Court has approved the collective sale of a strata building since the strata renewal laws commenced on 30 November 2016.

The case highlights the importance of ensuring each step in the collective sale process is followed to the letter of the law.

The case also provides guidance on how various problems created by the strata renewal laws will be resolved by the Court including problems determining the amount of compensation that should be payable to the owners.

In this article we take an in-depth look at the case and what lessons can be learned from the Court’s decision First Strata Collective Sale Approved by Court

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

It’s widely accepted that holiday lets have a more profound effect on apartment blocks than stand-alone dwellings, for obvious reasons.

Late last year, the Privy Council in London ruled on a piece of overseas strata legislation that was basically a cut-and-paste of NSW strata law, section 139 (2), which says that by-laws can’t interfere with owners letting their units.

But what do the ‘legal eagles’ think…

Adrian Mueller of JS Mueller & Co says that rather than a by-law restricting the number of days a property could be let I would… “Advise the owners corporation to make a new by-law that would prohibit an owner or occupier of a lot using the lot … for unlawful short-term accommodation”.

To read the full Australian Financial Review (AFR) article click here  Strata Lawyers Dissect Anti-Airbnb Rules.

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

Read the full Sydney Morning Herald (SMH) article here.

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

At JS Mueller & Co we know how to poke the bear!

How, you ask?

Well, we know how to approach or should we say, poke, a lot owner who does not pay their levies on time.

Knowing the right approach can often reap the rewards. That’s where JS Mueller & Co’s 40 years experience comes in handy.

There are many types of bears but in general, we can narrow them down to three types. Check them out here:  Levy Debt Collections

Need a levy collection debt recovery or strata law advice contact JS Mueller & Co today on 02 9562 1266 or click here now.

PS: No bears were harmed in the making of this :).

JS Mueller & Co Partner, Bruce Bentley talks Home Owner Warranty Protection NSW with Clive Robertson 2UE Radio.

To listen to the full 2UE Radio interview click here.

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

This building defect case highlights the uncertainty of relying on the date of issue of an occupation certificate for determining the time for bringing action and some of the appeal limitations under the Civil and Administrative Tribunal Act 2013 (NCAT).

For the full article please click here – HBA Warranty Reliance on Occupation Certificates

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

There are two schools of thought surrounding the apparent ‘surge’ in Chinese interest in the Australian property market.

One is that the Chinese are ‘only interested in newly built properties and buildings’; the other, that this is not necessarily the case, and the Chinese are actually equally interested in land, or existing homes which they can renovate or knock down.

Whichever trend the current data leans towards, the fact is that Australia is now among the most popular property investment destinations for the Chinese, who are reported to have spent almost $6 billion in Australia’s real estate market last financial year. The driving force behind this sudden influx of foreign investment appears to be due to China’s own financial policies forcing the financially wealthy to seek better returns outside their homeland, making them the fastest growing international property buyers in both the global and Australian real estate markets.

Their interest seems to be sparking strong surges within the Australian property market and, as a result, pushing prices up in Australian capital cities − particularly Sydney and Melbourne. Incomes of the average Australian workers aren’t keeping up with the price rises, which is leaving the market open for an increasing number of wealthy overseas investors.

While Chinese buyers have been active in the Australian property market for some time, it has been during the last twelve months their investment activity has been more pronounced.

Many of these buyers have friends or relatives in Australia to bid for them, but there is no requirement for foreign investors to reside in Australia themselves, subject to the relevant provisions in the Foreign Acquisitions and Takeovers Act 1975 (Cth). This means multitudes of overseas buyers fly into Australia to inspect and buy properties they simply found on the internet.

However, purchasing investment properties in this manner poses significant problems for many of the investors, as the legal requirements surrounding foreign investment in Australia differ greatly from those affecting the domestic investment industry. Building regulations, strata laws, contracts, monetary exchanges and tenancy laws within the Australian property market can be areas fraught with challenges for the Chinese investors, as well as Australian vendors, and it is an area of law that requires specialist knowledge and experience.

“Australian property laws operate very differently to Chinese law. There are many traps for unwary Chinese investors, says strata lawyer, Clifford To.”

With over eight years’ experience in property development, town planning and administrative law, Cantonese-speaking Clifford forms part of the expert team at JS Mueller & Co and is an expert in helping Chinese investors navigate the legal minefield of property investment in Australia.

Chinese investors need to understand the way Australian property laws impact on them. Not having a proper understanding of the law can have disastrous consequences, Clifford says. ”

With a reported, 90 million Chinese searching for investment property online every month, and more than half of them purchased their properties with cash, the impact on the Australia economy is expected to be significant.

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