New rules released by NSW Land Registry Services due to COVID-19 allow by-laws to be registered electronically.

We have just registered the first consolidated set of by-laws electronically.

The process is faster and more streamlined than paper lodgement and is the way of the future.

If you would like to inquire about electronic registration of by-laws, please contact us.

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

Is it the right time for a cost recoveries by-law?

Times are tough. Owners don’t want to incur extra costs because of by-law breaches committed by other owners and tenants.

There is no better time than now to ensure you have a by-law in place for cost recoveries.

A cost recoveries by-law will allow you to recover those extra costs from the person responsible for them instead of paying them from the owners corporation’s funds.

Our by-law factsheet covers the following areas:

• What does it do?
• What it does not do?
• What does it cover?
• What can it cover?

Download your free cost recoveries by-Law factsheet and order your by-law here.

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

On 10 April 2020, new strata laws concerning short term rental accommodation arrangements commenced.

These laws give an owners corporation power to make a by-law prohibiting short term accommodation in certain circumstances.

But there are two major problems with the new laws that limit their effectiveness.

In this article we take a look at the new laws and those problems addressing:

• New Strata Laws Concerning Short Term Accommodation
• Background to the New Short Term Rental Strata Laws
• Problem One – Principal Place of Residence Exemption
• Problem Two – Unlawful STRA Arrangement Exemption

So, what are the problems the New Strata Laws for Short Term Accommodation have created?

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

Need a Short Term Rental Accommodation By-law?

What is the impact of COVID-19 on remedial works contracts?

Does the COVID-19 Pandemic entitle an owners corporation to cancel or delay a contract for remedial work to common property?

What if an owners corporation allows work to proceed? Could it be liable if a resident contracts the COVID-19 virus from a contractor performing that work?

In this article we discuss the impact of COVID-19 on remedial works contracts and answers to these questions:

• Can an owners corporation cancel or delay a remedial works contract due to COVID-19?
• Has a remedial works contract become frustrated due to COVID-19?
• What role does a force majeure clause have to play?
• Is an owners corporation liable if a resident contracts COVID-19 from a contractor?

Our article Remedial Works Contracts and COVID-19 Pandemic will answer these questions and more.

Owners corporations and strata managers should monitor Government announcements and, where necessary, obtain legal advice about whether or not contracts they have entered have become frustrated or are able to be cancelled or delayed due to any change in circumstances or the law.

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

Finally there has been a conclusive decision from NCAT regarding lot owner compensations.

The President and Deputy President of NCAT have recently handed down an important decision. They have concluded that NCAT does not have power to award a lot owner compensation. This is a result of a failure by an owners corporation to repair defects in the common property.

This decision around NCAT and lot owner compensations is likely to be followed by NCAT in the future and resolves a longstanding controversy about this issue.

What does this mean? Read our recent cases regarding NCAT’s decision around Lot Owner Compensations

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

Thank you Strata for your support during 2019.
To contact us during this period please leave a message and we’ll get back to you on our return.

In a win for owners corporations, the Supreme Court has just announced that the definition of “major building defects” in the legislation should be given a broad meaning.

Across strata there are many building defects which have previously been categorised as minor. These can now possibly be considered as major and covered by the 6 year warranty period.

As this is a complicated area of law, it is best to seek legal advise ASAP.

This recent case will provide you with more information Strata is your minor building defect now a major defect?

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

In a major development for the strata industry, NCAT has recently held that Biowood cladding installed externally on a Sydney building is combustible and must be removed as it is a major building defect.

There are a number of multi-storey buildings in NSW with Biowood panels that are combustible and pose a risk of fire spreading from one part of these buildings to another.

Faiyaaz Shafiq, Senior Lawyer, said, “it is now up to owners corporations and strata managers to ensure these panels are removed and lives are not put in danger.”

Owners corporations of buildings which have Biowood cladding require urgent assessment of the risks involved and their rights in light of this new decision.

For more information… Biowood Cladding NCAT Rules Combustible and also refer to media coverage in the Sydney Morning Herald (SMH) and news.com.au.

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

There are many strata managers who are preparing and registering consolidated sets of by-laws for the strata schemes they manage.

We have recently come across several by-law consolidations prepared by strata managers that contain critical and costly errors.

In many cases, the professional indemnity insurance policies held by strata managers may not cover the negligent preparation of consolidated by-laws.

Here are some examples of mistakes we have seen… By-law Consolidations – When they go Wrong?

CLICK HERE FOR HELP WITH YOUR BY-LAW CONSOLIDATIONS!

Pecuniary Interest Disclosures – When are they Required?

When does a strata committee member need to disclose a pecuniary interest they have concerning a decision to be made by the committee?

The position is clear when a committee member has a direct pecuniary interest in a matter to be decided by the committee. A disclosure of that interest must be made by the committee member.

But what about indirect pecuniary interests? What are they and when do they need to be disclosed?

An example is where a committee member wishes to engage a company to carry out work for an owners corporation and his or her relative is a director or shareholder of that company. Is that an indirect pecuniary interest which must be disclosed?

The most likely answer is “yes”. This is because a committee member will have an indirect pecuniary interest if a person connected with them (such as a relative) has a direct interest in the matter to be decided by the committee.

What are the Grey Areas?

There are some grey areas. For example, can it be said that an indirect pecuniary interest arises when the committee member’s relative is merely an employee of the company that will be engaged by the owners corporation? In those circumstances, does the relative (as an employee rather than director or shareholder of the company) stand to benefit from the company’s appointment by the owners corporation?

The answer to that question is also most likely “yes” because the legislation simply requires the relative to have a “direct interest” (not necessarily a direct pecuniary interest) in the matter in order for the committee member to fall under an obligation to make a pecuniary interest disclosure.

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