Strata Managers Forum – Proposed New Strata Laws

In September 2015 the JS Mueller & Co team presented at a forum to the strata industry the new proposed strata laws.

  • James Moir: By-laws – How will they operate under the proposed laws?
  • Adrian Mueller: Meetings – What are the changes under the proposed laws?
  • Iain Fairholm: Strata Managers – How will the proposed laws affect you?
  • Faiyaaz Shafiq: Levy Collection – Procedural change?
  • Bruce Bentley: Building Defects – What impact will the proposed laws have?

Since the forum, it has been announced that the new strata laws will come into operation on 1 July 2016.

On 29 Oct 2015, the New South Wales Parliament passed the new Strata Schemes Management Bill 2015 and the Strata Schemes Development Bill 2015.

Papers and presentations are available to view here:

JS Mueller & Co Forum Presentations_Sept15
JS Mueller & Co Forum Papers_Sept15

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

 

 




New Strata Laws Passed for 1 July 2016

On 29 Oct 2015, the New South Wales Parliament passed the new Strata Schemes Management Bill 2015 and the Strata Schemes Development Bill 2015. These new laws will come into operation on 1 July 2016.

The new legislation contains around 90 changes to the existing laws, some of which are said to be controversial, and only time will tell what effect it will have on the strata landscape in NSW.

Minister for Innovation and Better Regulation, Victor Dominello, said in his contribution to the debate: “Today more than two million people live and work in strata. The new laws will cater for the needs of 21st century strata living,”

He further stated that: “The new laws will modernise collective decision making processes, increase protections against unresolved building defects and improve outdated regulation impacting on renovations.”

Like any Act of Parliament, there are regulations that work hand in hand with the Act. Public consultation on the draft regulations to accompany the new Acts, including model by-laws, will commence in early 2016. When that consultation begins we will provide more information about the proposed regulations.

Further information: www.fairtrading.nsw.gov.au

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

 




Further Delays to Strata Law Reforms

Strata law reforms in NSW will be further delayed with changes now not due to come into place until July 2016.

The plan to reform the state’s 50-year-old strata laws was first flagged in 2011 but a series of ministerial changes have hampered the process.

For further information see – SMH and Strata Law Reforms

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




Paper unveils Community Schemes Reforms

Key reforms to support residents living in nearly 2,200 community, neighbourhood and precinct schemes in NSW have been unveiled in a new community schemes law reform position paper.

A snapshot of the proposed changes includes:

  • Helping associations to monitor and fund property maintenance by requiring a builder or developer to provide a building maintenance schedule at the first annual general meeting.
  • Limiting proxy votes to prevent an individual or small group controlling a scheme.
  • Streamlining by-law enforcement; making it easier to penalise serial offenders and recover enforcement costs.
  • Boosting industry professionalism and the responsible management of schemes through strengthened accountabilities, including new disclosure requirements.
  • Providing opportunities for tenants to be represented at meetings.
  • Accommodating online technology to help schemes communicate and operate efficiently and effectively.

To find out more visit the review of the strata and community scheme laws where you can read the positioning paper giving details on the reforms.

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




Swimming Pool Legislation Deferred

Commencement of the Swimming Pools Amendment Act 2012 has now been deferred for 12 months to 29 April 2015.

For details of the legislation and its ramifications for owners corporations refer to the following article.

Click here for the full article – Swimming Pool Legislation

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




To Stay or to Go? It’s Your (Neighbour’s!) Choice.

That’s the concept many strata unit and apartment owners in New South Wales will be faced with if controversial changes to strata laws, proposed by the NSW Government, go ahead in July 2015.

Under the proposal, the consent of only a 75% majority of strata unit owners in a block will be required to consent to its demolition.

This is in stark contrast to the current laws, which require agreement by 100% of strata unit owners for a block to be sold to a developer for demolition. This proposal will effectively enable that 75% to force their neighbours (the minority 25%) to sell their homes, whether they are willing or not. An unpleasant prospect for that minority, despite compensation and relocation assistance.

With many strata blocks within New South Wales becoming quite dated, ongoing maintenance and renovation is, without doubt, an extremely costly process, with the preferred option being to simply demolish the buildings and build more aesthetically appealing higher density buildings. Currently, the 100% agreement strata laws force apartment owners to maintain and repair their buildings, regardless of the cost, and irrespective of whether developers could potentially pay a fair price to demolish and replace the buildings with modern, more liveable apartments. This has been a contentious issue for some time.

There are several positives should this law come into effect. For example, some of Sydney’s trendiest suburbs are host to some of its oldest, and least sustainable, buildings. The reforms would allow for redevelopment rather than expensive maintenance, offering potential increases in tenancy numbers and far more energy efficient buildings. Local council height restrictions could be more effectively adhered to, and, of course, it opens the door for stimulation within the building industry.

There are, of course, anticipated negatives to the proposed reform. There is potential for a small number of developers to over or underpay strata owners for their properties, thereby affecting the property market, and potential for owners to lose their lifelong residence and be insufficiently compensated. However, some safeguards are apparently planned, such as the enforcement of independent valuations, and there is talk of an ”extinguishment commissioner” who will hear appeals against unfair payments.

Should the reforms come to fruition, developers could be encouraged to offer apartment owners options such as ‘first option to buy deals’ and assistance with temporary or permanent relocation.

In circumstances such as these, legal advice will be imperative for strata owners.

“The new strata laws will introduce novel concepts unfamiliar to apartment owners and other stakeholders in the strata industry. These will need to be explained in simple language to make sure all stakeholders know where they stand,” says Bruce Bentley, partner of Sydney strata law firm, JS Mueller & Co.

Bruce specialises in strata law and those areas of the law that particularly affect the development, management and administration of group title communities.

“An apartment is someone’s home and most valuable asset. That is something worth protecting. Knowing where you stand if there is a proposal to sell under the new laws will be vital said, Bruce.”

The focus of the strata reforms is on improving the lives of people living in strata communities by increasing transparency and engagement within strata developments. These are worthy goals. But the proof is in the eating, and time will tell if the Government is able to deliver on its promise to improve strata living through more modern strata laws.

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