Be aware that the deadline for owners corporations to review their by-laws under the new Strata Schemes Management Act 2015 is fast approaching with only 66 business days remaining.

The Act states that owners corporations have 12 months to review and register any current by-laws. This means every owners corporation must review their by-laws by the deadline of 30 November 2017.

For the next 66 business days, owners corporations that have not already done so are meant to consider whether to:

• Introduce new by-laws
• Amend any existing by-laws
• Repeal any by-laws

At JS Mueller & Co we have done hundreds of by-law reviews since the commencement of the new Act. We often recommend that new by-laws should be considered for the following topics:

• Airbnb
• Smoking
• Minor Renovations
• Major Renovations
• Common Property Memorandum
• Proxies
• Electronic Voting

Plan Ahead NOW. Don’t wait until it is too late.

Fixed Fee By-laws

Get your by-law review done now.We can review your by-laws in detail, suggest amendments to the existing by-laws and recommend new by-laws. We do all of that for a fixed fee. for your fixed fee by-laws.

Click here NOW for a fixed fee by-law review.

Template By-laws

We have developed a range of by-laws that cover various topics.

Order a copy of our by-law templates here NOW Strata By-law Templates

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

Does a strata committee have the power to make decisions on behalf of an owners corporation?

Should you save yourselves a vote next time a clause in a by-law or a condition in an agreement refers to the approval of the owners corporation?

To vote or not to vote read on to find out Strata Voting and Meetings

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

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.