An NCAT decision allowing a lot owner to keep unauthorised renovations was recently overturned by the Supreme Court.

In doing so, the Court confirmed that an owners corporation must act unreasonably before NCAT should overturn a decision of an owners corporation not to allow an owner to keep unauthorised alterations to common property.

Read on to find out why Supreme Court Quashes NCAT Decision to Allow Unauthorised Works

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

Are you aware that it’s now less than 12 months before owners corporations must comply with another new law?

That’s right, in NSW, window locks must be installed on windows by 13 March, 2018. Otherwise, owners corporations will face hefty fines if requirements are not met by the due date.

According to Westmead Children’s Hospital around 50 children fall from windows and balconies every year. To reduce the risk of these incidents occurring the Strata Schemes Management Act (for existing buildings) and the Building Code of Australia has been amended (for newly constructed buildings).

To ensure you comply by the due date we suggest taking this approach:

• Make it a priority – ensure it’s an agenda item at your next meeting
• Determine if a window lock by-law is required
• Obtain a child window safety report, this will determine what windows require locks
• Review window lock options to determine what the best options are for the building and its residents
• Obtain window lock quotes and approval for works to be carried out
• Complete the required installations
• Ensure that a ‘Certificate of Compliance’ is obtained from the installer

Did you also know?

• Lot owners may install window safety devices in their property at any time, but they must advise the owners corporation and, if you have a by-law in place lot owners must comply.
• Tenants must get written permission from their landlord before installing any locks that require drilling to install them. If any landlords refuse the tenants installing locks they must provide a valid reason.

Remember, leaving it to the last minute places your scheme at risk of not complying by the due date. So, to avoid incurring a hefty fine, ensure it’s an agenda item at your next meeting (if you haven’t already done so).

For further information on the new window lock requirements visit – Fair Trading NSW.

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

Can an owners corporation shut down the lifts in its building to refurbish them?

If so, does the owners corporation have to pay compensation to owners and tenants who cannot access their apartments via the lifts during a lift refurbishment? And does a lift refurbishment need to be authorised by special resolution?

There are many thorny issues to navigate, to find out more Strata Building Lift Refurbishments

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

Do explanatory notes need to be included in the agenda of a general meeting of an owners corporation?  The answer might surprise you.

Since the commencement of the Strata Schemes Management Act 2015 on 30 November 2016, a practice has arisen for explanatory notes to be included in an agenda of a general meeting of an owners corporation.  The purpose of the explanatory notes is to provide a brief explanation of the purpose of each motion that appears on the meeting agenda.

But are these explanatory notes necessary? Click here to find out – Are Strata Meeting Explanatory Notes Required

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

Can the strata committee approve repairs which alter, add to or improve common property?

The strata committee is generally able to organise maintenance and repairs to the common property. But what happens when maintenance or repairs alter, add to or improve the common property? Can the strata committee approve work of that type without the authority of a special resolution passed at a general meeting?

Read the full legal analysis here – Common Property Maintenance / Alterations

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

Adrian Mueller, partner, recently presented a paper about the most significant strata cases in NSW over the last 12 months, at the 12th annual conference of the ‘Australian College of Community Association Lawyers’ (ACCAL) – the peak body of strata lawyers in Australia.

To view Adrian’s presentation and strata cases click here 2017 Strata Case Presentation and 2017 Strata Case Papers.

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

Great news!

LPI NSW has updated the Registrar-General’s directions concerning the requirements to register a Consolidation/Change of By-Laws.

The Registrar-General’s directions now state as follows:

A consolidated version of the by-laws affecting the strata scheme must be included as an annexure, incorporate the change that is referred to at panel (E) and include any model by-laws.

Note: It is not acceptable to annex previously registered Change of By-laws forms as if it is a consolidated version.

It is suggested that a consolidated version:

• omit all by-laws that have been previously repealed,
• include all by-laws that have been previously added, and
• include all other by-laws as previously amended, or
• set out in some other way that lists the by-laws that currently affect the strata scheme.

For further information please refer to – LPI NSW Government

A separate Registrar-General’s direction for ‘Consolidated By-Laws’ now says the following:

The following requirements must be complied with:

• The new change of by-law must be made in accordance with a resolution of the owners corporation and a completed Consolidation/Change of By-Laws dealing form (Form 15CH) must be lodged at LPI not more than 6 months after the passing of the resolution to make the by-law  (See section 141 Strata Schemes Management Act 2015).
• A consolidated version of by-laws, which incorporates the new change of by-laws, must form an annexure to the Consolidation/Change of By-Laws dealing form (Form 15CH).
• The consolidated version must include those by-laws lodged with (referred to as ‘developer by-laws’ or ‘strata by-laws’) or adopted (Model By-laws)  by the scheme on the registration of the strata plan together with any changes to those by-laws made since the registration of the strata plan. The text of the by-laws must be fully set out.
• Where the Common Property Memorandum prescribed by the Strata Schemes Management Regulation  is adopted:
  – it may be included by reference only if the Common Property Memorandum is adopted in full and without any modifications as follows: “The Common Property Memorandum prescribed under clause 27 Strata Schemes Management Regulation 2016 has been adopted as a by-law”; or
  – where the Common Property Memorandum has been modified as provided in s. 107(3) Strata Schemes Management Act 2015,  the full text of the Common Property Memorandum as modified must be included.
• Every subsequent change of by-laws will require a new consolidated list incorporating the change to accompany the Consolidation/Change of By -Laws form.
• The Registrar General may waive the requirement to lodge a consolidated version (see clause 24(3) Strata Schemes Development Regulation 2016). A letter setting out the circumstances for assessment by the Registrar General must accompany the dealing.

For further information please refer to – LPI NSW Government

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

Frustrated with the current challenge to register your by-laws?

The good news is that JS Mueller & Co has been in communication with Land and Property Information NSW (LPI) regarding the current backlog. We‘ve been advised that LPI is fully aware of the issue and are currently working on a solution which will be announced soon.

In the meantime, if you require any assistance with the registration of by-laws, please do not hesitate to contact us on the details below, and we’ll assist you through this process.

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