Short term accommodation, can it be stopped?

Does short term accommodation require Council approval or is it prohibited in most local government areas in NSW?

Is a by-law still an effective way to prohibit short term accommodation in a strata scheme?

We’ve prepared a short paper to help you understand the ins and outs of this area of strata law Short Term Accommodation.

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

It’s widely accepted that holiday lets have a more profound effect on apartment blocks than stand-alone dwellings, for obvious reasons.

Late last year, the Privy Council in London ruled on a piece of overseas strata legislation that was basically a cut-and-paste of NSW strata law, section 139 (2), which says that by-laws can’t interfere with owners letting their units.

But what do the ‘legal eagles’ think…

Adrian Mueller of JS Mueller & Co says that rather than a by-law restricting the number of days a property could be let I would… “Advise the owners corporation to make a new by-law that would prohibit an owner or occupier of a lot using the lot … for unlawful short-term accommodation”.

To read the full Australian Financial Review (AFR) article click here  Strata Lawyers Dissect Anti-Airbnb Rules.

For NSW strata legal or levy collection advice 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.

To contact us during this period please leave a message and we’ll get back to you on our return.

Thanks Strata, as a wrap up here are some useful links from 2017…

• We shared our strata knowledge through our new resource library
• We listened to you and launched our new brand and website
• We developed strata by-law and meeting templates for the new strata laws
• We tweeted, 54 times sharing the latest in strata law
• We posted, 45 times on LinkedIn with the latest updates
• We collected for over 600 new levy debt recovery matters plus our regulars
• We expanded our team to better service the strata industry

We’re taking a break from 5.30pm 21 December 2017 and returning on 15 January 2018.

We wish you and your families a safe and happy ‘Festive Season’ and look forward to working with you in 2018.

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

One year later… what are the 5 biggest impacts of the new strata laws?

In this interview with LookUpStrata, Adrian Mueller, partner, JS Mueller & Co addresses the top 5 new strata laws and the changes to owners corporation fines and how they’ll affect you.

Click on the video below to view Adrian’s interview with Nikki from LookUpStrata as he discusses the following:

1. New Strata Laws in Relation to the Way in which Owners will be Able to Vote at Strata Meetings
2. Prohibition on Proxy Farming
3. Renovations
4. Undesirable Habits
5. Removing Abandoned Goods

And, body corporate fines and the 3 main changes.

The full article can be viewed at LookUpStrata.

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

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 recent case, NCAT ruled against a short term letting by-law being passed for a Sydney apartment block.

So, was NCAT’s decision wrong?

Can an owners corporation pass a by-law that bans short term letting?

Read on to find out: NCAT Rules Against Short Term Letting By-law

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