Does a strata committee have the power to make decisions on behalf of an owners corporation?
Should you save yourselves a vote next time a clause in a by-law or a condition in an agreement refers to the approval of the owners corporation?
To vote or not to vote read on to find out Strata Voting and Meetings
For strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
We all know an owners corporation must maintain and repair common property in its strata scheme.
However, what happens when an owner alters the common property without the consent of the owners corporation?
Does the owners corporation have to repair that common property?
Read on and find out who is responsible for repairing that common property? Strata Unauthorised Works
For strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
Did you know that the information an owners corporation has about their owners can actually make it much simpler for us to act more effectively in recovering strata levies?
To assist you with the details that can help us, the team at JS Mueller & Co has developed a handy list of items for consideration when briefing your next strata levy debt recovery instruction:
Historically when matters have been difficult to serve, the information an owners corporation has access to, can assist us greatly in a successful and quicker levy debt recovery.
Here are some examples of how information has assisted JS Mueller & Co in faster recovery of strata levies… who would have thought!
Hockey Training
We’ve successfully served a guy with a Statement of Claim (SOC) at hockey training. All because the owners corporation advised us that he rode his bike once a week to hockey training.
Pony Club
JS Mueller & Co was able to serve another woman at Pony Club when we were advised by an owner/occupier that she stored her Pony Club stuff in the garage.
So, you can see little pieces of information an owners corporation knows about a lot owner can provide us the little piece of magic we need to get a successful result.
Keep the list above in a handy place for when you next provide a levy debt recovery instruction.
Our levy collection service is available across regional and metropolitan NSW so let us know if you need any assistance with levy recoveries, we’d be happy to assist.
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
Can an owners corporation shut down the lifts in its building to refurbish them?
If so, does the owners corporation have to pay compensation to owners and tenants who cannot access their apartments via the lifts during a lift refurbishment? And does a lift refurbishment need to be authorised by special resolution?
There are many thorny issues to navigate, to find out more Strata Building Lift Refurbishments
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
In a recent decision, NCAT has confirmed that it is business as usual and that appeals against decisions of Strata Adjudicators will continue to be dealt with by NCAT in the same manner, even though strata adjudications have been abolished under the Strata Schemes Management Act 2015.
Introduction
The Strata Schemes Management Act 1996 (old Act) allowed Strata Adjudicators to make orders to resolve strata disputes. On 30 November 2016, the old Act was repealed and replaced by the Strata Schemes Management Act 2015 (new Act). The new Act abolished strata adjudications.
However, there were still strata adjudications pending at the time the old Act was repealed and decisions of Strata Adjudicators under the old Act continued to be made up until recently. This created uncertainty as to whether or not a party dissatisfied with a decision made by an Adjudicator could appeal against the decision after 30 November 2016.
To read the full article – NCAT Clarifies Appeal Rights Against Decisions of Strata Adjudicators
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
Adrian Mueller, partner, recently presented a paper about the most significant strata cases in NSW over the last 12 months, at the 12th annual conference of the ‘Australian College of Community Association Lawyers’ (ACCAL) – the peak body of strata lawyers in Australia.
To view Adrian’s presentation and strata cases click here 2017 Strata Case Presentation and 2017 Strata Case Papers.
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
The procedure for registering by-laws under the new strata legislation is completely new. Land and Property Information (LPI) NSW will no longer allow by-laws to be registered unless a consolidated version of all by-laws including any new by-laws is lodged for registration.
What Has Changed?
The new strata legislation requires any change in the by-laws for a strata scheme that are lodged for registration to be in the form of a consolidated version of all of the existing by-laws that incorporates the changes to the by-laws as well. The consolidated version of the by-laws must include any relevant model by-laws.
What Does the Change Mean?
If you attempt to register a change in the by-laws without the consolidated version of the by‑laws, Land and Property Information will reject the document you lodge.
Do I Have to Comply?
There is a limited exemption to the requirement to lodge a consolidated version of the by-laws each time you need to register a change to the by-laws. Land and Property Information may permit a change in the by-laws for a strata scheme to be lodged separately, and not in a consolidated version, if satisfied that it would be too onerous for a consolidated version to be lodged and there are no more than five separate change of by-laws recorded on the title of the common property.
Can you get an Exemption?
The new procedure for registering changes to the by-laws for a strata scheme at Land and Property Information is untested. However, we expect that it may prove difficult to secure an exemption from the need to lodge a consolidated version of the by-laws when registering a change to the by-laws. Where that occurs, every change of by-laws will require a new consolidated list of by-laws.
Why the Change?
The rationale for the change is to ensure that a consolidated set of all of the by-laws for a strata scheme is recorded on title much like the by-laws in a management statement for a community scheme or neighbourhood scheme.
What Happens to the Existing Registered By-Laws?
Once the consolidated version of the by-laws is registered, all current notifications of by-laws appearing on the common property title will be removed and the common property title will be updated to refer to the consolidated version only.
What Happens if I Get it Wrong?
When the consolidated list of by-laws is prepared, care will need to be taken to ensure that the list is complete and accurate. Land and Property Information will not examine the consolidated set of by-laws against any existing change of by-laws recorded on the common property title to ensure that the consolidated set is complete and accurate. If the consolidated set of by-laws is wrong, for example, an existing by-law is not included in the consolidated set; a person aggrieved by the error may make a claim against the owners corporation or strata manager who registered the incorrect consolidated set of by-laws.
Where is the Change Found and What does it Mean?
The new requirement concerning the registration of changes to by-laws for strata schemes is contained in clause 24 of the Strata Schemes Development Regulation 2016. We expect that this new requirement will create significant problems for strata managers and others who attempt to register changes to the by-laws without a consolidated version of the by-laws.
How Can we Help?
Muellers are able to prepare a consolidated version of the by-laws for a strata scheme for a fee of $750 plus GST where there are no more than two changes of by-laws dealings registered on the title of the common property. For strata schemes which have more than two change of by-laws registered, please contact us to obtain a price to prepare a consolidated set of by-laws for that scheme.
There is Still Hope!
We will continue to provide a cost effective and efficient by-law registration service under the new regime. If you encounter difficulty registering changes to the by-laws for any strata scheme that you manage, please do not hesitate to get in contact with us so that we are able to help you.
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
The new strata legislation is set to commence on 30 November 2016. Will you be ready? Why not be ahead of the pack!
Introduction
The Strata Schemes Management Act 2015 will introduce new laws dealing with meetings, building works, electronic voting and proxy farming. We have developed meeting notice and by-law templates that deal with each of these new areas:
AGMs
The new Act contains additional requirements for AGMs. This means notices for AGMs need to contain additional motions and further information. And some of the motions you already include in an AGM notice will change. We have developed a template AGM notice which covers the matters required under the new Act. Our AGM notice also includes explanatory notes and information that will need to accompany the meeting notice such as the strata manager’s report as to commissions and a call for nominations for members of the strata committee.
Building Works
The new legislation deals with three different types of building works that will affect common property: cosmetic work, minor renovations and major renovations.
Cosmetic Work
Under the new laws, owners will not need to obtain the approval of an owners corporation to carry out cosmetic work. And an owners corporation will be able to make a by-law identifying additional work that is able to be considered cosmetic work which does not require approval. We have prepared a by-law that identifies the additional types of cosmetic work and lays down rules owners will need to follow when carrying out that work.
Minor Renovations
The new laws will also allow owners to carry out minor renovations that affect the common property. Minor renovations will only require the approval of an owners corporation to be given by ordinary resolution. A special resolution will no longer be required for minor renovations. The new laws also allow an owners corporation to identify types of minor renovations and delegate to the strata committee the power to approve minor renovations. We have developed a by-law that does just that and sets out clear rules for owners to follow before, during and after minor renovations.
Major Renovations
The new legislation also deals with major renovations. We have developed a by-law that comprehensively deals with major renovations. That by-law contains all of the bells and whistles that are required to regulate major renovations in a strata building. Using that by‑law takes the hard work out of the approval process and allows you and the owners corporations you manage to focus on the key decision of whether it is appropriate to approve an application for permission to carry out major renovations and not have to worry about the conditions of approval.
Electronic Voting
The new legislation will permit an owners corporation and strata committee to allow votes to be cast by electronic means whilst owners and committee members participate in meetings remotely. But the legislation does not set out the rules that will apply to e-voting. Nor does the legislation make clear whether or not an owners corporation and strata committee will need to pass a resolution each year to approve e-voting. We have prepared a by-law that lays down clear rules concerning e-voting during meetings so that stakeholders will know where they stand. Our by-law will make it easier to facilitate e-voting during meetings of an owners corporation and strata committee.
Proxies
The new legislation contains anti-proxy farming laws. These laws will prohibit a person holding more than one proxy (for a strata scheme containing up to 20 lots) and from holding proxies greater than 5% of the total number of lots (for schemes that have more than 20 lots). But the legislation does not say what will happen when a person holds more than the maximum number of proxies. Which proxies will be used and discarded? And who gets to make that decision? We have developed a by-law that will answer these questions. Our by‑law lays down clear rules that will need to be followed by stakeholders where a person holds too many proxies and a decision needs to be made as to which proxies will be used and which proxies will be jettisoned.
Act Now
Be ready for the new legislation. Act now. We are offering the AGM notice and by-laws we have developed that deal with these new topics at competitive prices. We invite you to contact us to discuss the by-laws and obtain pricing information.
Click here for pricing on Strata By-law and Meeting Notice Templates.
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
Is the NSW Parliament about to legalise short term holiday lettings?
It’s proposed that some types of short term holiday lettings should become legal in NSW without needing the approval of the local council or the owners corporation if the City of Sydney has its way.
View the full article here now – Short Term Letting Changes
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
In a surprising move, the Supreme Court has just upheld a decision made at an informal executive committee meeting.
Click here to read the full article – Supreme Court Rules Executive Committee has Power
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.