The NSW Government proposes to change the laws regulating short term accommodation in NSW.

Recently, the key aspects of those new laws were published for public comment and submissions. The submission period has now closed.

In this article we take an in-depth look at those proposed changes to the laws regulating short term accommodation.

We consider the impact those changes will have on strata laws and planning laws (and strata living) and also review the key features of the Code of Conduct that will regulate participants in the short term accommodation industry.

What are the Proposed New Laws for Short Term Rental Accommodation?

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

We recently reported about an NCAT case in which a lot owner was ordered to remove CCTV cameras she unlawfully installed on the common property of a strata building in breach of the by-laws and strata laws.

But what happens when a next door neighbour (who is not bound by the by-laws and strata laws) installs a CCTV camera that peers into your home?

What can you do about that? Can you force your neighbour to remove or reposition their CCTV camera?

Read here to find out: Strata and Invasion of Privacy by CCTV Cameras

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

The NSW Government is currently implementing a new regulatory framework for the short-term rental accommodation industry.

1. The framework includes:

• Changes to planning laws
• A mandatory code of conduct
• Introduction of an industry-led register of short-term rental accommodation properties

2. The NSW Government is seeking feedback on the following:

• Draft ‘Code of Conduct for the Short-Term Rental Accommodation Industry’ (the Code) that will apply to hosts, guests, online booking platforms and letting agents
• Draft Fair Trading Amendment (Code of Conduct for Short-Term Rental Accommodation Industry) Regulation 2019 that will support the Code’s implementation
• Proposed introduction of an industry-led short-term rental accommodation property register
• Draft planning instruments, which will allow residential premises to be used for short-term rental accommodation under certain conditions and provide a state-wide definition of short-term rental accommodation

3. Have your say on the short-term rental accommodation reforms.

• For more information visit the Department of Planning, Industry and Environment website.
• Any feedback must be submitted by 11 September 2019, simply click on the button below

PROPOSED LAWS – HAVE YOUR SAY HERE!

For all strata legal and levy recovery advise contact us here or call 02 9562 1266 we would be happy to assist.

A recent newspaper article concerning a Sydney residential complex where children have been banned from using a swimming pool within that complex, got us interested in taking a look at the extent to which the by-laws of a strata scheme or community scheme can be used to exclude children from using certain shared facilities in that scheme.

In the attached paper we reviewed the following areas concerning children, by-laws and shared facilities:

• Can children be excluded from shared facilities in a strata building or community scheme?
• For what matters can a strata by-law be made?
• Limitations on the matters of which a strata by-law can be made
• Model by-laws restricting children
• The position in NSW, Qld and Vic
• Community Scheme by-laws – A different position?
• Where a by-law is inconsistent with Anti-Discrimination legislation and discriminates against children on the grounds of age – Are these principles applicable to owners corporations?

So, can children be excluded from shared facilities? Children and By-laws in Strata and Community Schemes

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

The NSW Supreme Court has recently handed down a decision in regards to common property that will have a considerable impact on the practice of strata managers across the State. The Court’s decision answers the following often asked questions:

• What type of resolution does an owners corporation need to pass in order to replace an item of common property?
• Is the replacement of an item of common property a repair that can be authorised by an ordinary resolution?
• Or does a decision to replace an item of common property need to be made by special resolution because the replacement of the item will improve or enhance the common property?

What was the outcome of this recent case that involved a dispute between the owners of an apartment building on a waterfront in Sydney’s Eastern Suburbs… Replacing Items of Common Property in Strata?

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

Late 2018 the NSW Government announced its intention to make changes to the laws regulating short term accommodation in NSW.

The Government proposed to make three key changes to short term letting laws. In the attached article we take a closer look at those changes, including:

• Code of Conduct
• Short Term Accommodation By-laws
• Exempt Developments
• Comments about the Proposed Amendments
• The Wash Up

So, what are the proposed Short Term Letting Changes to the Law? 

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

A recent New South Wales District Court defamation case highlighted the dangers that lurk in communications (especially emails) passing between strata managers, strata committee members and strata residents.

The perennial problem of burdensome email communications also plagues many strata schemes and as the case highlighted can escalate into a defamation case. However, owners corporations do have the power to regulate communications to prevent his happening.

We look at this case and what owners corporations can do to stop unreasonable communications Strata Communications and Defamation

Is it time to review, or implement a by-law for dealing with unreasonable communications?

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

The use of surveillance cameras in both private and public spaces is increasing significantly.

Security cameras are installed by local councils and private enterprise, and you can expect to be digitally recorded walking into a shopping centre, travelling on public transport, and even taking the dog for a walk in a local park.

An often vexed issue is what rights do strata lot owners and owners corporations have to install their own security cameras?

Owners corporations and lot owners should be aware of the Surveillance Devices Act 2007 (NSW). Do you need a by-law?

These two recent NCAT cases share some lessons Strata, Owners Corporations Lot Owners and Security Cameras

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

Many strata buildings built since the 1990’s contain some form of external cladding as part of their construction.

A significant number of these strata buildings contain cladding that is highly flammable and combustible such as The Lacrosse Building Fire in Melbourne in 2014, and the Grenfell Tower disaster in London in 2017 which now lay bare.

Building owners including owners corporations are now left to deal with what steps to now take to rectify the problem.  A number of buildings, including strata residential buildings of two storeys or more, with certain types of cladding systems, have recently had to register their building under the planning regulation.

In the meantime, whilst we wait for the outcome, what can you do to mitigate and minimise risk? Combustible Cladding By-laws

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

The five most useful by-Laws inclusive of factsheets.

Muellers has drafted 1000’s of by-laws over the course of 40 years.

During that time we have learnt what does and does not work.

So what are the five most useful by-laws?

We have come up with the following shortlist:

1. Cost Recovery By-Law
2. Master Renovations By-Law
3. Parking By-Law
4. Proxy By-Law
5. Repairs By-Law

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