Get Your By-Laws Checked: New Rules for Abandoned Goods and Vehicles on Strata Properties

On 1 July 2020, the NSW legislation for abandoned goods on strata properties moved to the Uncollected Goods Act 1995 and will therefore no longer be regulated under the Strata Schemes Management Act 2015 and strata regulations.

This means what can be done to dispose of or sell abandoned goods on common property in NSW strata buildings has changed.

A Quick Summary of the New Rules for Abandoned Goods

1.The Uncollected Goods Act 1995 (Act) is the law that now governs goods and vehicles abandoned on common property within strata properties in NSW.

2. The Act divides abandoned goods into six categories with different rules and procedure applying to each category. The six categories are:

• • Perishable
  • Low Value
  • Medium Value
  • High Value
  • Personal Documents and Memorabilia
  • Motor Vehicles (an owners corporation can move vehicles that it reasonably believes have been abandoned on common property)

3. A person disposing of the abandoned goods will not be liable for doing so if they follow the procedures set out in the Act. This includes disposing of abandoned goods in accordance with an order made by the NSW Civil and Administrative Tribunal (NCAT) as NCAT has the power to order the disposal and management of the goods.

4. Under the Act, uncollected goods including any goods that owners reasonably believe to be abandoned or left behind on common property.

5. Appropriate records of the sale or disposal of the abandoned goods must be kept by the party disposing the goods and who it went to as follows:

• • Low value items documentation must be kept for at least 12 months
  • Higher value items plus their records must be kept for at least 12 years

6. If you don’t know the person who owns the abandon goods, you should make a reasonable effort to identify the owner of the goods and communicate with them.

7. The strata committee can request that additional expenses for removing, storing, maintaining or insuring the goods are covered.

8. A person cannot confiscate and refuse to return the goods because the owner owes money for other debts, such as rent or levies.

9. For more information visit Fair Trading NSW ‘uncollected goods and vehicles in strata schemes’.

10. You will need to update your abandoned goods and vehicle by-laws to ensure they are in line with these new laws.

For NSW strata legal, by-law, building defect and levy collection advice contact us here or call 02 9562 1266, we’re happy to assist.

Here we share the top five most useful strata by-Laws with factsheets.

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

During that time we’ve learnt what does and doesn’t work.

So what are the five most useful by-laws and why?

Here’s our shortlist for you to download and share:

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

Where do we now stand when it comes to strata living and pet by-laws?

Pet ownership in strata is a contentious issue, especially in strata schemes where a majority of owners do not support the keeping of pets.

But can the majority of owners decide to make a by-law banning pets?

NCAT has recently weighed in on the debate and provided clear guidance on the validity of “no pets” by-laws.

In this paper we discuss:

• Ownership of Pets in Strata Living
• NCAT’s Decisions
• Harsh, Oppressive or Unconscionable By-laws
• What Does it all Mean – the Broader Implications

Strata living and pet by-laws –  Where do we Now Stand?

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

New rules released by NSW Land Registry Services due to COVID-19 allow by-laws to be registered electronically.

We have just registered the first consolidated set of by-laws electronically.

The process is faster and more streamlined than paper lodgement and is the way of the future.

If you would like to inquire about electronic registration of by-laws, please contact us.

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

Do New Strata Laws Thwart Anti-Airbnb By-Laws?

On 10 April 2020, new strata laws commenced. These laws clarify that an owners corporation is able to make a by-law that can prohibit a lot being used for a short-term rental accommodation arrangement in certain circumstances.

However, the new laws may have unintended consequences that invalidate or limit the reach of existing by-laws that prohibit short-term rental accommodation arrangements.

In this article we take a closer look at the new laws and their unintended consequences that seem to have been overlooked… Are new Strata Laws Anti-Airbnb By-laws?

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

Although our pets aren’t getting sick, COVID-19 is changing the lives of pets especially for dogs living in apartments.

There’s lots of discussion regarding pets as more people work from home. Dogs in isolation not going for their regular walks, exhibiting destructive and anxious behaviour, increased barking or difficulty settling. Then there are the complaints from all the non pet owners.

So can pet’s be banned from living in strata?

In at least two cases late last year, NCAT decided that “no pets” by-laws were invalid.

So, are pets by-laws banning the keeping of pets no longer worth the paper they are written on?

Given its importance to many strata buildings across the State where does this leave “no pets” buildings?

What about the basic habitation rights of owners who want to live in a “pet free” building?

Where does this leave “no pets” buildings?  Pet By-laws – Is it the End of No Pets By-laws?

Need a pet by-law or some advice during COVID-19 contact us now!

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

Is it the right time for a cost recoveries by-law?

Times are tough. Owners don’t want to incur extra costs because of by-law breaches committed by other owners and tenants.

There is no better time than now to ensure you have a by-law in place for cost recoveries.

A cost recoveries by-law will allow you to recover those extra costs from the person responsible for them instead of paying them from the owners corporation’s funds.

Our by-law factsheet covers the following areas:

• What does it do?
• What it does not do?
• What does it cover?
• What can it cover?

Download your free cost recoveries by-Law factsheet and order your by-law here.

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

On 10 April 2020, new strata laws concerning short term rental accommodation arrangements commenced.

These laws give an owners corporation power to make a by-law prohibiting short term accommodation in certain circumstances.

But there are two major problems with the new laws that limit their effectiveness.

In this article we take a look at the new laws and those problems addressing:

• New Strata Laws Concerning Short Term Accommodation
• Background to the New Short Term Rental Strata Laws
• Problem One – Principal Place of Residence Exemption
• Problem Two – Unlawful STRA Arrangement Exemption

So, what are the problems the New Strata Laws for Short Term Accommodation have created?

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

Need a Short Term Rental Accommodation By-law?

Recent articles published in the press about misinformation of COVID-19 strata laws have stated that short term accommodation arrangements through Airbnb have been banned.

There has also been conflicting information published about whether COVID-19 lockdown laws require an owners corporation to close its recreational facilities such as a swimming pool and gym.

In this short article we answer your questions about those issues and clarify the uncertainty surrounding the Misinformation about COVID19 Strata Laws – Clarified.

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