The new strata laws will commence on 30 November 2016. Will you be ready?

To help you get ready, the team at Muellers will be running training seminars across Sydney in September and November 2016.

We will explain the most important aspects of the new strata laws and tell you what you need to know to be ready come 30 November.

We will review the new laws concerning strata managers, by-laws, renovations, NCAT, building bonds, collective sales and more.

Look out for the invitations to our training seminars as places are limited and will book out quickly.

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

Come November 2016, throwing a snag on the barbie or having a puff on a ciggie could be considered a ‘nuisance or hazard’.

Under the new strata reforms owners corporations will be able to enforce a ban by issuing a notice to comply with smoke drift, such as that from tobacco and barbecues, under the by-law changes.

Fines

If the barbequer or smoker fanatic fails to comply the matter could be taken to NCAT, who has the power to issue fines of up to $1,100 (double that of the old laws) and if the offender repeats the offense within 12 months, double it again – $2,200.

The owners corporation will be able to take action against offenders rather than leaving this to individual owners.

By-laws

The proposed model by-law provides 3 options:

1. Smoking in a lot is permitted but there must be no smoke penetration into any other lot or the common property.

2. Smoking in a lot is permitted but there must be no smoke penetration into any other lot or the common property. Smoking on the common property is also permitted but only in either designated smoking areas or with the written permission of the owners corporation.

3. Smoking in a lot is permitted but there must be no smoke penetration into any other lot or the common property. Smoking on common property is expressly prohibited.

It’s also important to note that there are currently no options in regards to the complete ban on smoking in schemes.

Also, any new model by-laws generally do not apply to existing schemes. They’ll only apply to strata schemes registered after the commencement of the 2015 Act if and that’s if the developer chose the option to go with model-by-laws.

For more information visit NSW Government Fair Trading.

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

About JS Mueller & Co

JS Mueller & Co has been servicing the strata industry across NSW for almost 40 years. We are a specialist firm of strata lawyers with in depth and unmatched experience in, and comprehensive knowledge of strata law and levy collection. We are here to assist you every step of the way.

Today, we officially announce changes to the JS Mueller & Co team effective as follows.

Retirement
It is with mixed emotions that we announce the retirement of Bruce Bentley, partner of JS Mueller & Co, effective 30 June 2016.

New Partner
We are also proud to announce the appointment of Adrian Mueller to partner, JS Mueller & Co, effective 1 July 2016.

“We’ve been providing a range of exceptional, professional strata legal services for over 30 years. Our success is due to our in-depth experience and comprehensive knowledge of strata law and we will continue to deliver our first class service to clients”, said Jeffrey Mueller, partner JS Mueller & Co.

We are continuing to build our team with expertise in the property and strata areas.  As our firm expands and grows, we will keep you up to date with the latest developments.

To read the full article please click here – Muellers Strata Lawyers Announcement

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

Over 90 new strata laws will come into play later this year and of the 90 these are some changes that will most likely make a difference to your everyday.

1. Parking

Owners corporations will be able to reach agreements with local councils to allow parking officers into their schemes to issue fines to rogue parkers. Not only rogue parkers but residents who park over the lines of their parking spaces on to common property or leave their cars in visitor parking (however briefly) could also be ticketed. Read more here.

2. Fines

Almost all fines will be paid to the owners corporation, but this won’t be a cash cow for over-zealous committees; they still have to go through the same tribunal process. Read more here.

3…to read the new ‘top ten’ click here – New Strata Laws – Top 10

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

About JS Mueller & Co

JS Mueller & Co has been servicing the strata industry across NSW for almost 40 years. We are a specialist firm of strata lawyers with in depth and unmatched experience in, and comprehensive knowledge of strata law and levy collection. We are there to assist you every step of the way.

In May 2016 the JS Mueller & Co team presented a forum to the strata industry on the new strata laws ‘Out with the Old and in with the New’. This followed the recent announcement that the New South Wales Parliament passed the new Strata Schemes Management Bill 2015 and the Strata Schemes Development Bill 2015.

JS Mueller and Co senior lawyers presented:

• James Moir: Works By-laws – How will they operate under the new laws?
• Adrian Mueller: Meetings – What are the changes under the new laws?
• Faiyaaz Shafiq: Levy Collection – Procedural changes under the new laws?
• Bruce Bentley: Termination & Renewal of Strata Schemes – What impact will the new laws have?

Please click here to view papers and presentations:

JS Mueller & Co Forum Presentations_May16
JS Mueller & Co Forum Papers_May16

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

It’s becoming increasingly common for strata meetings to be recorded.

So what happens when a person announces that he or she intends to record a strata meeting and some of those present object to the meeting being recorded?

Is it legal to do so?  The answer might surprise you.

To read the full article click here now – Recording Strata Meetings

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

New strata by-laws allowing pets in units, managing illegal parking and curbing smoking on apartment balconies are part of the biggest overhaul of strata laws in more than 50 years. Set to come into play 1 July this year, what do they mean?

 Pets

The new changes to pet strata by-laws will have an impact on people living with pets. Under the current model there are 3 options and these will change come 1 July. The current options are:

1. Owners corporation to approve pets (except fish), but approval cannot be unreasonably refused.
2. Owners corporation to approve pets, some pets are allowed without approval, the owner must advise the owners corporation if they are keeping a cat, dog, caged bird or fish, but approval cannot be unreasonably refused.
3. No pets allowed.

Note: Currently if the owners corporation chooses no option it will default to option 1.

What happens post 1 July?

The new strata by-laws will not remove a scheme’s ability to make its own rules about pets. However, if the new model by-law is adopted, the request to keep a pet cannot be unreasonably refused. If the owners believe approval was unreasonably withheld, they can apply to the Tribunal.

For more information – Fair Trading Strata Law Reforms

Parking

Drivers who illegally park in visitor bays of strata communities could soon be slapped with $550 fines by the City of Sydney Rangers if a plan to crack down on non-approved parking takes hold.

This strata reform will assist to reduce one of the most common disputes concerning unauthorised parking by residents misusing visitor parking spots, or outsiders with no connection to the strata scheme parking on common property without prior approval.

So, how will it work?

A scheme will need to enter into an agreement with an authorised council which will allow them to enter the property, erect signage and issue fines. It’s not mandatory; schemes have a choice as to whether they wish to enter into such arrangements.

For more information read – Better Parking Control

Support for smoke-free multiunit living is on the rise, particularly with people living with children and it’s predicted that it’s only a matter of time before most strata buildings go smoke-free.

The NSW Government has said that the new strata laws would make clear that smoking and second-hand smoke exposure could constitute a nuisance that could be outlawed.

How can it be imposed?

Simply, an owners corporation can make a strata by-law banning smoking throughout an entire strata building. Orders can also be made against residents who smoke or allow their cigarette smoke to drift into other units, and landlords can be held liable to their tenants for second hand smoke exposure.

To read the full article written by partner, Adrian Mueller click here – Wake up and Smell the Smoke

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

About JS Mueller & Co

JS Mueller & Co has been servicing the strata industry across NSW for almost 40 years. We are a specialist firm of strata lawyers with in depth and unmatched experience in, and comprehensive knowledge of strata law and levy collection. We are there to assist you every step of the way.

From the entire JS Mueller & Co team we wish you a Safe and Happy Festive Season!

We are taking a short break from the 23rd December 2015 and returning on the 11th January 2016.

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266 and we’ll get back to you following our break.

In September 2015 the JS Mueller & Co team presented at a forum to the strata industry the new proposed strata laws.

• James Moir: By-laws – How will they operate under the proposed laws?
• Adrian Mueller: Meetings – What are the changes under the proposed laws?
• Iain Fairholm: Strata Managers – How will the proposed laws affect you?
• Faiyaaz Shafiq: Levy Collection – Procedural change?
• Bruce Bentley: Building Defects – What impact will the proposed laws have?

Since the forum, it has been announced that the new strata laws will come into operation on 1 July 2016.

On 29 Oct 2015, the New South Wales Parliament passed the new Strata Schemes Management Bill 2015 and the Strata Schemes Development Bill 2015.

Papers and presentations are available to view here:

JS Mueller & Co Forum Presentations_Sept15
JS Mueller & Co Forum Papers_Sept15

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

The recent media attention concerning smoking in strata buildings reached a fever pitch when NCAT ordered the landlord of a strata unit in Potts Point to pay compensation to his tenant.

The NSW Government said that the new strata laws would make clear that smoking and second-hand smoke exposure could constitute a nuisance that could be outlawed.

So, what can be done about smoking in strata buildings? Can smoking be prohibited? Perhaps a smoking by-law,  let’s find out.

For more information read – Smoke Drift By-laws

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