Commencing 1 December 2021, changes to the Community Land Development Act 2021 and Community Land Management Act 2021 will commence.

The new legislation will modernise and simplify the development process of community schemes within NSW, aligning the community schemes legislation with the Strata Schemes Management Act 2015 and Strata Schemes Development Act 2015.

What is the Aim of the New Community Title Legislation?

1. To create consistency between community lands and strata schemes laws in NSW
2. Provide modern, flexible, and democratic governance arrangements
3. Improve maintenance of shared property and financial management
4. Support a simpler and more flexible development process

What are the Key Changes to Community Title Legislation?

• To provide more flexibility for schemes with some requirements for unanimous resolutions to now be special resolutions
• Make it easier for schemes to deal with association property and add land to a scheme
• Introduction of a new process for development contracts bringing the process in line with strata schemes
• The simplification of tiered schemes
• Allowing schemes to apply to NSW LRS for a termination of a community scheme instead of going to court
• Allowing an association to also create statutory easements
• The introduction of a new process for amalgamations

For further information visit www.nswlrs.com.au.

How will this Affect Your Strata and Community Schemes?                              

• Your existing by-laws will need to be consistent with the new aligned community and strata schemes legislation otherwise they may not be enforceable
• You may also need to consider whether your community and neighbourhood management statements are in line with the new laws
• It is therefore important that you review any by-laws and management statements to ensure they are in line with these new laws
• This fact sheet includes detailed information about the different types of orders and how community schemes disputes are managed at NCAT – Community_Schemes_Fact_Sheet

Do you need help reviewing your by-laws and management statements to ensure they are in line with the new legislation? Contact us now, help is here.

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

Deadline for New Rules for NSW STRA 

Here we explain the new rules!

The NSW government has issued a reminder that new short-term rental accommodation (STRA) rules will come into effect on 1 November 2021 coinciding with the return of regional travel across NSW.

These new STRA registration requirements follow the introduction of a mandatory code of conduct governing STRA rentals late last year.

And… most likely these new rules will also require your STRA by-laws to be reviewed!

What is the New Rule?

If you wish to rent a property as a STRA host, it is mandatory to register the property and pay the registration fee via the NSW Planning Portal by 1 November 2021.

What is the Deadline?

The deadline is Monday 1 November 2021.

What is the Cost?

STRA hosts are required to pay a registration fee of $65.00 for the first 12 months and an annual renewal fee of $25.00.

Who Does STRA Registration Apply to?

The STRA registration applies to owners of any residential accommodation who wish to rent their property out for short term rentals.

Do I Need to Provide additional Documentation to Register?

Yes, if the property is not owned by you, you must provide proof of consent from the property owner.

You must also verify that the property is in compliance with the fire safety standards as defined in the STRA policy here.*

*Please note: Given the recent lockdown orders, a grace period has been applied in relation to providing the fire safety standards.

STRA hosts will be able to register their short-term rental as required but delay the fire and safety requirement until 1 March 2022, giving STRA hosts an additional 4 months to adhere with the policy.

Where do I Register my STRA Property?

Your STRA property is to be registered here on the on the NSW Panning Registration Portal.

Do I Need to Update my Short-term Rental Accommodation By-laws?

Most likely, if you live in a strata property the STRA by-laws may need to be reviewed. For advice you may contact our experienced and knowledgeable STRA team here.

Where do I Find More Information on the New STRA Rules?

For more information on the new STRA rules visit NSW Planning STRA Portal here.

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

As many of you are aware, from 11 October 2021, the Registrar General has announced a major step in the transition away from paper-based registration of by-laws (and other documentation) in NSW.

So, what will the changes to the land titles system in NSW mean?

Read on for more specific details in this recent NSWLRS release.

Our Dedicated By-law Registration Team

If you need assistance registering your by-laws electronically we have an experienced and dedicated by-law registration team who are ready to help you.

CLICK HERE FOR HELP WITH ELECTRONIC BY-LAW REGISTRATIONS

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

On 25 August 2021, new strata laws commenced which changed the rules regarding pet ownership in strata buildings.

Those rules mark a shift in the NSW Government’s policy concerning pets in strata buildings and encourage pets in strata.

But the new rules create traps for young players that can have unintended consequences for those unfamiliar with them.

In this article, we take a closer look at the new laws regulating pet ownership in strata buildings and the pitfalls associated with them – Pets and New Strata Laws

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

Compulsory Online By-law Registrations 

From 11 October it will be mandatory for by-laws to be registered electronically through an online platform such as PEXA.

Only Lawyers and Conveyancers can Register By-laws

Strata managers cannot access PEXA, only lawyers and conveyancers can.

We have a team dedicated to electronic by-law registrations. We have been registering by-laws and other dealings for hundreds of strata managers electronically through PEXA for over 12 months. We were one of the first firms in NSW to do so.

We make the process easy for you. You can still prepare the consolidated by-laws and send them to us for registration through PEXA and we will take care of the rest for a small fee.

Alternatively, you can have us prepare the consolidated set of by-laws and register them through PEXA as well.

Mandatory Online Registrations Commence 11 October 2021

Don’t get caught out when the system changes on 11 October.

If you would like to know more about our electronic by-law registration services, please contact us.

ELECTRONIC BY-LAW REGISTRATION HELP

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

What is the Next Chapter for Pets and Strata?

If you are an owner or occupier of strata property,  you could not help but notice the flurry of activity over the last couple of years, both at a legislative level and in the Courts of New South Wales in relation to the question of pets.

In the next (but probably not the last) instalment of this saga, the New South Wales Government is implementing amendments to the legislation and to regulations, to commence on 25 August 2021.

Amendment to the Strata Schemes Management Act 2015

Commencing on 25 August 2021, section 137B will be inserted into the Act. Section 137B effectively prevents a by-law, or a decision of an owners corporation under a by-law, from banning the keeping of an animal within a strata scheme unless the animal unreasonably interferes with another occupant’s use and enjoyment of their lot or the common property.

The question which arises from this section is what is meant by “unreasonably interferes with another occupant’s enjoyment of their lot or the common property”?

The New Regulation

Also, now to commence on 25 August 2021 is the Strata Schemes Amendment (Pets) Regulation.

The specific purpose of this regulation is to set out, for the purposes of section 137B, the circumstances in which the keeping of an animal unreasonably interferes with an owner or occupant’s use and enjoyment of their lot.

In short, this new regulation says that an animal will cause an “unreasonable interference” with an owner or occupant’s use and enjoyment of their lot if:

• the animal makes a noise which interferes with the peace, comfort and convenience of another occupant;
• the animal repeatedly runs at or chases another occupant, visitor or another animal;
• the animal repeatedly causes damage to the common property or to another lot;
• the animal endangers the heath of another occupant through infection or infestation;
• the animal causes a persistent offensive odour that penetrates another lot or the common property; or
• for dogs and cats, the owner of the animal fails to comply with orders under the Companion Animals Act 1998.

The provisions also pick up the provisions of the Companion Animals Act 1998 which refer to a “restricted” dog and a “menacing or dangerous” dog. Those dogs will be able to be banned from strata buildings.

Conclusion

It will be interesting to see whether these additions to the strata legislation assist or provide more interpretive problems for owners corporations.

Author I Warwick van Ede I Lawyer I BEc LLM Acc Spec (Property).

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

The NSW Government has made a number of important changes to the Strata Schemes Management Act 2015 (Act).

Sustainability Infrastructure, Voting and Proxies

On 24 February 2021, changes to the Act commenced that:

• Make it easier for a lot owner or owners corporation to install “sustainability infrastructure” on common property such as solar panels and electric vehicle charging stations. A lot owner or owners corporation will be able to install “sustainability infrastructure” on common property if a “sustainability infrastructure resolution” is passed by a simple majority (i.e. 50% or more) at a general meeting;
• Prevent an owners corporation making available for inspection any record that would disclose how an owner voted in a secret ballot unless the owners corporation is directed to do so by NCAT or a court;
• Enable a lot owner who owns more than one lot to nominate one individual to act as a proxy for all the lot owner’s lots.

Fines

Since 1 July 2021, NCAT has had the power to order a person to pay a penalty of up to $5,500 where the person has breached an order by NCAT.

Pets

From 24 August 2021, an owners corporation will not be able to have a by-law which unreasonably prohibits the keeping of an animal on a lot. Further, it will be deemed reasonable to keep an animal on a lot unless keeping the animal unreasonably interferes with another occupant’s use and enjoyment of the occupant’s lot or the common property. Those changes codify the decision of the NSW Court of Appeal in Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250 in which it was held that a “no pets” by-law is unenforceable.

If you need any assistance with updating your by-laws or navigating the new laws please contact us here, we’re happy to assist.

NSW Land Registry Services has announced changes to the procedure for by-law registrations which will impact strata managers. Here is an overview of the changes:

1. What are the changes to by-law registrations?

• All paper certificates of title will be cancelled
• Strata managers will no longer be able to register by-laws themselves
• All by-law registrations will need to be done through PEXA

 2. When will this take effect?

• On the 11th October 2021

3. How can we help you?

• JS Mueller & Co Lawyers is PEXA registered and approved to lodge electronic by-laws
• We were one of the first firms to register by-laws electronically
• We have over 18 months experience completing by-law registrations electronically
• We make the electronic by-law registration process easy!

If you would like assistance registering your by-laws electronically – click here.

For more information about electronic registration of by-laws visit ORG.

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

On the 9 April 2021, the NSW government announced a new statewide policy for Short Term Rental Accommodation (STRA).

The commencement of this policy has been deferred to 1 November 2021.

The new STRA laws will override all short-term accommodation planning laws previously in place throughout NSW, including those enacted by local councils. (until the policy takes effect the regulation of STRA in NSW will continue to be the responsibility of local councils and owners corporations).

The NSW Government has implemented:

• a new statewide regulatory framework for short-term rental accommodation (STRA)
• fire safety standards for STRA dwellings
• a government-run STRA Register
• the STRA Code of Conduct and exclusion register that took effect on 18 December 2020

For full details of the new policy and delays please read New Delayed NSW Short Term Rental Accommodation Policy

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.