The rules of the game relating to pets in strata buildings have changed.

Many owners corporations are not grappling with those new rules and trying to come to grips with them.

This has resulted in a shift away from by-laws that ban pets to by-laws which regulate the keeping of pets in strata buildings.

But do some of the rules that have been included in new pets by-laws go too far?

A recent and high profile NCAT case takes a closer look at that issue – By-laws that Regulate Pets.

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

Compulsory Online By-law Registrations 

From 11 October it will be mandatory for by-laws to be registered electronically through an online platform such as PEXA.

Only Lawyers and Conveyancers can Register By-laws

Strata managers cannot access PEXA, only lawyers and conveyancers can.

We have a team dedicated to electronic by-law registrations. We have been registering by-laws and other dealings for hundreds of strata managers electronically through PEXA for over 12 months. We were one of the first firms in NSW to do so.

We make the process easy for you. You can still prepare the consolidated by-laws and send them to us for registration through PEXA and we will take care of the rest for a small fee.

Alternatively, you can have us prepare the consolidated set of by-laws and register them through PEXA as well.

Mandatory Online Registrations Commence 11 October 2021

Don’t get caught out when the system changes on 11 October.

If you would like to know more about our electronic by-law registration services, please contact us.

ELECTRONIC BY-LAW REGISTRATION HELP

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

What is the Next Chapter for Pets and Strata?

If you are an owner or occupier of strata property,  you could not help but notice the flurry of activity over the last couple of years, both at a legislative level and in the Courts of New South Wales in relation to the question of pets.

In the next (but probably not the last) instalment of this saga, the New South Wales Government is implementing amendments to the legislation and to regulations, to commence on 25 August 2021.

Amendment to the Strata Schemes Management Act 2015

Commencing on 25 August 2021, section 137B will be inserted into the Act. Section 137B effectively prevents a by-law, or a decision of an owners corporation under a by-law, from banning the keeping of an animal within a strata scheme unless the animal unreasonably interferes with another occupant’s use and enjoyment of their lot or the common property.

The question which arises from this section is what is meant by “unreasonably interferes with another occupant’s enjoyment of their lot or the common property”?

The New Regulation

Also, now to commence on 25 August 2021 is the Strata Schemes Amendment (Pets) Regulation.

The specific purpose of this regulation is to set out, for the purposes of section 137B, the circumstances in which the keeping of an animal unreasonably interferes with an owner or occupant’s use and enjoyment of their lot.

In short, this new regulation says that an animal will cause an “unreasonable interference” with an owner or occupant’s use and enjoyment of their lot if:

• the animal makes a noise which interferes with the peace, comfort and convenience of another occupant;
• the animal repeatedly runs at or chases another occupant, visitor or another animal;
• the animal repeatedly causes damage to the common property or to another lot;
• the animal endangers the heath of another occupant through infection or infestation;
• the animal causes a persistent offensive odour that penetrates another lot or the common property; or
• for dogs and cats, the owner of the animal fails to comply with orders under the Companion Animals Act 1998.

The provisions also pick up the provisions of the Companion Animals Act 1998 which refer to a “restricted” dog and a “menacing or dangerous” dog. Those dogs will be able to be banned from strata buildings.

Conclusion

It will be interesting to see whether these additions to the strata legislation assist or provide more interpretive problems for owners corporations.

Author I Warwick van Ede I Lawyer I BEc LLM Acc Spec (Property).

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

In last week’s newsletter article, we reported on a recent NCAT case in which an owners corporation was ordered to repair damage to lot property caused by a common property roof leak.

Our article generated considerable interest. The NCAT decision begs the question: Is an owners corporation responsible for repairing lot property?

In this article, we take a closer look at that issue and consider whether the NCAT case we reported on last week (Mastellone v The Owners – Strata Plan No. 87110 [2021] NSWCATAP 188) was correctly decided.

Read the full article Is an Owners Corporation Responsible for Repairing Lot Property?

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

There is a common misconception that an owners corporation is not responsible for repainting a water damaged ceiling in a lot or repairing consequential water damage to a lot that is caused by a common property defect.

In a recent case, NCAT held that:

• an owners corporation is responsible for carrying out those repairs;
• the common property memorandum does not exempt an owners corporation from having to perform those repairs.

Here we discuss the case and explain why an owners corporation is not exempt from repairing damage to lot property NCAT Orders Owners Corporation to Repair Lot Property

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

As announced by the NSW Government, from Saturday 31 July 2021 owners corporations and individual lot owners may commence renovations, repair and maintenance works subject to the following requirements.

Renovations

Renovations of homes where people are living can resume in Greater Sydney, including the Blue Mountains, Wollongong, Central Coast, and Shellharbour local government areas.

The restrictions that apply to repairs, maintenance and cleaning services will also change in Greater Sydney, including the Blue Mountains, Wollongong, Central Coast, and Shellharbour local government areas.

Exemptions to these new rules include local government areas of Blacktown, Campbelltown, Canterbury-Bankstown, Cumberland, Fairfield, Georges River, Liverpool and Parramatta.

In the local government areas where renovations, repairs and maintenance are permitted:

• In an outdoor area, no more than five (5) persons can undertake work at the same time
• In an indoor area, no more than two (2) persons can undertake work at the same time
• If work is occurring in an indoor area on the premises, and other persons (such as members of the household) are present at the premises, the other persons must stay in a separate indoor area of the premises from the persons undertaking the work at all times

Repairs, Maintenance and Cleaning

Any repairs, maintenance or cleaning that can be delayed should be rearranged. However, there are certain circumstances where repairs, maintenance or cleaning services are allowed, in line with the above rules and local government area restrictions, including if it is:

• Urgent to ensure the health, safety, or security of the premises or household
• an emergency
• For the installation, maintenance and repairs of essential utilities, including a water, gas, electricity, internet, television or telecommunications service
• For fire protection and safety
• Necessary to prepare an unoccupied place of residence for sale or lease

Recommendations

It is recommended that:

1. Tradesmen and contractors enter the building on a contactless basis and wear face masks at all times
2. All residents be notified when tradesmen and contractors will be in the building, and specifically on each floor
3. Where possible, tradesmen and contractors should use the fire escape stairs
4. Tradesmen and contractors provide proof that they do not reside in the local government areas of Blacktown, Campbelltown, Canterbury-Bankstown, Cumberland, Fairfield, Georges River, Liverpool and Parramatta;
5. Social distancing of 1.5m is adhered to at all times (as a minimum)
6. NSW Health guidelines are followed at all times
7. Tradesmen and contractors not enter a lift or common areas with residents of the building
8. Only essential work is undertaken, or work to a vacant/uninhabited unit being prepared for the sale or lease of the unit. All other work is to be delayed/deferred until guidelines change
9. A maximum of 2 contractors is permitted within a lot at any given time (please note that the Strata Communications Association – SCA – is seeking clarification on this matter for strata schemes – whether it is 2 per lot and not 2 per building)
10. A maximum of five (5) tradesmen or contractors work on the exterior of the building at any given time
11. Individual lot owners meet their tradesmen and contractors outside of the building and ensure compliance with all requirements

It is also recommended if renovations and/or repairs are being carried out that;

• Building management is advised with identification of the contractors onsite provided
• Building management also provide information to residents of any works being carried out in the building
• Building management confirm that any contractors entering the building are not from the restricted local government areas

For more information refer to the NSW Government here.

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

The NSW Government has made a number of important changes to the Strata Schemes Management Act 2015 (Act).

Sustainability Infrastructure, Voting and Proxies

On 24 February 2021, changes to the Act commenced that:

• Make it easier for a lot owner or owners corporation to install “sustainability infrastructure” on common property such as solar panels and electric vehicle charging stations. A lot owner or owners corporation will be able to install “sustainability infrastructure” on common property if a “sustainability infrastructure resolution” is passed by a simple majority (i.e. 50% or more) at a general meeting;
• Prevent an owners corporation making available for inspection any record that would disclose how an owner voted in a secret ballot unless the owners corporation is directed to do so by NCAT or a court;
• Enable a lot owner who owns more than one lot to nominate one individual to act as a proxy for all the lot owner’s lots.

Fines

Since 1 July 2021, NCAT has had the power to order a person to pay a penalty of up to $5,500 where the person has breached an order by NCAT.

Pets

From 24 August 2021, an owners corporation will not be able to have a by-law which unreasonably prohibits the keeping of an animal on a lot. Further, it will be deemed reasonable to keep an animal on a lot unless keeping the animal unreasonably interferes with another occupant’s use and enjoyment of the occupant’s lot or the common property. Those changes codify the decision of the NSW Court of Appeal in Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250 in which it was held that a “no pets” by-law is unenforceable.

If you need any assistance with updating your by-laws or navigating the new laws please contact us here, we’re happy to assist.

SCA (NSW) and various strata managers have published guidelines on whether cleaning contractors and tradies can work in strata buildings under the latest public health order that commenced on 19 July 2021.

The true position is as follows:

• Cleaners and tradies can only do work in a residential strata building in the Greater Sydney Area:
  • If the work is urgently required; and
  • The work is required to ensure the health, safety or security of building or its residents (e.g. urgent waste disposal); or
  • The work is required because of an emergency (e.g. a burst pipe, flooding event or fire).

This does not allow routine cleaning and maintenance to be performed by cleaning contractors and tradies in a residential strata building in Sydney.

For more information read our analysis here Covid-19_Cleaners and Tradies in Strata

If you want to know more, or are interested in our in our Covid-19 by-law click here.

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

NSW Land Registry Services has announced changes to the procedure for by-law registrations which will impact strata managers. Here is an overview of the changes:

1. What are the changes to by-law registrations?

• All paper certificates of title will be cancelled
• Strata managers will no longer be able to register by-laws themselves
• All by-law registrations will need to be done through PEXA

 2. When will this take effect?

• On the 11th October 2021

3. How can we help you?

• JS Mueller & Co Lawyers is PEXA registered and approved to lodge electronic by-laws
• We were one of the first firms to register by-laws electronically
• We have over 18 months experience completing by-law registrations electronically
• We make the electronic by-law registration process easy!

If you would like assistance registering your by-laws electronically – click here.

For more information about electronic registration of by-laws visit ORG.

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

Are Apartment Blocks the new COVID-19 Super-spreaders?

Just like cruise ships strata buildings have the capacity to be super-spreaders of COVID-19.

Apartment buildings and strata blocks have many shared facilities and not all, such as lifts, can be closed during COVID-19 breakout periods.

Shared facilities such as lifts, foyers, stairwells, air-conditioning, garbage and laundry facilities all have the potential to spread COVID-19 and with the current Delta variant, that can occur very quickly, as seen with this recent lockdown of a prominent strata building in Sydney’s east!

As all of Greater Sydney deals with the lockdown and NSW Health advice stating how difficult it is to control the spread of this new very contagious strain of COVID-19, Owners Corporations are grappling with a lack of power to help stop their strata blocks becoming the next victim of COVID-19.

Owners Corporation Assistance

To assist owners corporations with managing the situation (and bringing some control back) we have developed a COVID-19 by-law to assist you with the current situation.

For COVID-19 by-law assistance contact us here now, we’re happy to help.