Sydney Morning Herald (SMH), Domain talks with Adrian Mueller, partner, JS Mueller & Co Strata Lawyers about gaping loopholes in the new strata laws.
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.
In a recent decision, NCAT has confirmed that it does not have power to impose monetary penalties on persons who breach orders made by NCAT.
This decision highlights an important flaw in the new strata legislation which needs to be fixed.
Read on to find out more – NCAT Strata Disputes Floors and By-laws.docx
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
In a landmark ruling, NCAT has ordered an owners corporation to pay compensation to an owner for water damage to the owner’s unit caused by defects in the common property.
This ruling indicates that NCAT is able to resolve strata disputes by making compensation orders.
But has NCAT got it wrong? Read on to find out: NCAT Orders Owners Corporation to Pay Compensation
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
An NCAT decision allowing a lot owner to keep unauthorised renovations was recently overturned by the Supreme Court.
In doing so, the Court confirmed that an owners corporation must act unreasonably before NCAT should overturn a decision of an owners corporation not to allow an owner to keep unauthorised alterations to common property.
Read on to find out why Supreme Court Quashes NCAT Decision to Allow Unauthorised Works
For 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 On 30 November 2016, the old Act was repealed and replaced by the Strata Schemes Management Act 2015 (new Act).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However, there were still strata adjudications pending at the time the old Act was repealed and decisions of Strata Adjudicators under the old Act continued to be made up until recently.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.
The new strata laws will commence on 30 November 2016. Will you be ready?
To help you get ready, the team at Muellers will be running training seminars across Sydney in September and November 2016.
We will explain the most important aspects of the new strata laws and tell you what you need to know to be ready come 30 November.
We will review the new laws concerning strata managers, by-laws, renovations, NCAT, building bonds, collective sales and more.
Look out for the invitations to our training seminars as places are limited and will book out quickly.
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
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.
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.
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?
To view the full article please click here – Strata Dispute Resolution Explained
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
The Supreme Court found that any objection to a payment claim coming under the provisions of the Building and Construction Industry Security of Payment Act 1999 must be put into a payment schedule under that Act and served on the party making the payment claim.
To download the full article please click here Building and Security Payment Plan Objections
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.