Did you know a person involved in a strata dispute in NCAT must get permission from NCAT to be represented by a strata lawyer?

Under the previous legislation, legal representation at NCAT was allowed. However, all of that changed with the introduction in 2014 of the NCAT and in 2016 the Strata Schemes Management Act 2015.

This has created problems and questions for many owners corporations which require legal representation in NCAT such as:

• When and will NCAT grant permission for a party to be represented by a lawyer?
• What happens if NCAT refuses to allow a strata lawyer to represent an owners corporation – who will present the owners corporation’s case?
• Can the strata lawyer still help if they cannot provide representation at NCAT?

So, what role can a strata lawyer for an owners corporation play when NCAT does not allow the lawyer to represent the owners corporation?  What is The Right to Strata Legal Representation in NCAT?

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

Illegally parked vehicles taking up visitor parking spaces in strata blocks are becoming more and more of an issue as the Sydney community grows and creates more demand for parking. 

It’s reported that residents and non-residents are taking up visitor car parking with their extra cars, strangers dumping unregistered vehicles and apartments near major centres or transport hubs being targeted by commuters, all ignoring the rules and causing grief across Sydney’s high-rise strata communities.

So, what can be done?

Are owners corporations powerless to remove illegally parked vehicles from visitor parking spaces in strata blocks? A recent article in SMH Domain suggests this is the case.

But what is the true position? Download to find out what can be done about Illegally Parked Vehicles in Strata. 

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

It is anticipated that mid 2018 changes to the NSW property licensing laws are planned to take effect, subject to NSW parliament approval, which means changes for some strata managers.

The new NSW property licensing laws have been designed to increase consumer protection measures and will include the improvement of entry requirements for the real estate and property industry, including strata managers.

The main reasons for these changes are to:

• Provide a clearer career progression for real estate and property industry professionals
• Avoid start-up companies by individuals with no experience
• Reduce the risk of misappropriation of trust funds

Strata managers who currently hold a licence will still hold a licence under the new legislation.

Post introduction of the new laws, to obtain a licence in NSW will require strata managers to have 12 months’ experience working in strata. Currently, there is no strata experience required.

Continuing Professional Development (CPD) will also change to ‘hourly’ rather than a ‘points’ based system.

In summary, NSW property owners can rely on the fact that every strata manager in NSW will have a strata property manager licence within four years of the new legislation coming into force.

For further information on these proposed changes please refer to NSW Fair Trading.

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

13 March 2018, was the deadline for every owners corporation in NSW to have installed compliant window safety devices on applicable windows throughout their strata schemes.

Recently, NSW Fair Trading updated information on their website concerning window safety devices for high rise strata blocks.

However, it’s important to note that the information uploaded is incorrect on the NSW Fair Trading website.

This is resulting in some incorrect conclusions that it is possible for an owners corporation to relieve itself from the responsibility for installing window safety devices.

As a result of the incorrect window safety device information on the NSW Fair Trading website it has raised a number of questions:

1. Can the installation of window safety devices be delegated to each individual lot owner?
2. Who is responsible for the maintaining, repairing and replacing window safety lock devices after they have been installed?
3. Can a window lock by-law be put in place to relieve the owners corporation of responsibility?
4. Why is the NSW Fair Trading window safety device information incorrect?

What is the correct information for window safety devices? Our paper will explain – Window Safety Devices and By-laws.

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

At the commencement of 2018 the new strata building bond and inspection scheme started.

The strata building bond and inspection scheme is designed to incentivise developers ensuring that there is a clear process for builders to minimise any building defect issues in new residential high-rise strata blocks.

 Proposed regulations and Amendments

Proposed amendments to the Strata Building Bond and Inspection Scheme have recently been announced.

Currently, under the scheme developers are required to lodge a bond of 2% for residential and mixed-use high-rise strata buildings of 4 or more storeys.

The proposed amendments to the strata building bond and inspection scheme seek to enhance the ability of Fair Trading to verify the building contract price (on which the 2% building bond is based) and to clarify the role of the building inspector in the scheme.

So, what are the specific proposed amendments?

• Developers must lodge a building bond before applying for the occupation certificate (rather than at any time before an occupation certificate is issued, as is currently required)
• The owners corporation and the developer must agree on the amount to be released from the bond to meet the costs of fixing identified building defects. If they cannot agree, the Secretary will determine this amount
• New investigative powers for Fair Trading to enable verification of the amount of the contract price or building bond, including new entry to premises and search warrant powers
• An increase in the maximum penalty for a developer failing to lodge the building bond from 200 penalty units ($22,000) to 10,000 penalty units ($1.1 million)
• An offence for developers to provide false or misleading information to the Secretary in relation to the contract price or the building bond
• A new ‘good faith’ liability protection for building inspectors, and the professional associations that appointed them, which excludes them from liability for anything done (or omitted to be done) in ‘good faith’ in conducting an inspection

 Have your say!

The deadline to have your say on the proposed Bill and/or Regulation amendments is 11 May 2018, visit NSW Fair Trading to have your say.

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

Up until recently, there have been no reported cases of where the Land & Environment Court has dealt with an application to permit the collective sale or redevelopment of a strata scheme under the new strata laws.

That changed on 19 February 2018, when the Land & Environment Court issued preliminary decisions in two cases involving proposals for the collective sale of two strata schemes in Sydney.

So, what can we learn from the first two collective sale cases? To find out download this paper Collective Sales Cases Hit the Land and Environment Court.

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

The deadline for owners corporations to review their by-laws has passed and most owners corporations have now completed their by-law reviews.

So what lessons can be learned from the by-law review process? And, more importantly, what mistakes have been made during that process and how can they be fixed?

Read this paper to find out common mistakes and how you can fix them  By-law Reviews – How to Avoid the Big Mistakes.

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

Another new law

In 27 days owners corporations must comply with another new law – window safety devices (window locks).

In NSW, window safety devices must be installed on certain windows by 13 March 2018 otherwise owners corporations may face hefty fines if requirements are not met by the due date.

Frequently asked questions?

Can an owners corporation force lot owners to install window safety devices by making a new by-law?

Can the owners corporation force lot owners to maintain and repair window safety devices after they are installed if there is no by-law in place?

If there is no by-law in place, who is responsible for the installation, maintenance and repair of window safety devices?

And if there is no by-law in place, who is responsible for the costs associated with deliberate damage and /or removal of the window safety devices?

Be prepared!

A window safety devices by-law will ensure the rules are clear should any of the above circumstances and more arise.

For NSW by-laws advice please contact us here or call 02 9562 1266, we’re happy to assist.

Recent research conducted by the University of NSW lists the top 15 common building defects in strata blocks.

To deal with problems caused by defective building work in new strata buildings, the NSW Government introduced a building bond scheme which commenced on 1 January 2018.

The bond scheme will apply to many new strata buildings that are built this year.

So, what do strata managers need to know?

To help you navigate the new laws we’ve prepared this paper Building Defects Bond Scheme that covers everything strata managers need to know.

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

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.