The NSW Government has recently established a Cladding Taskforce known as ‘Project Remediate’.

This Taskforce will:

• Identify residential buildings with potential combustible cladding issues
• Address the use of non-compliant cladding materials with local councils

As of February 2021, 185,000 building records have been audited by the Taskforce with 4,127 buildings inspected.

It is important to note that not all cladding is dangerous. Fire + Rescue NSW (FRNSW) have been engaged to assist the Taskforce in determining building risk. Those buildings considered a higher risk will be further referred to consent authorities such as their Local Council or the Department of Planning, Industry and Environment (DPIE) for further investigation.

Register your interest in ‘Project Remediate’ here.

What is ‘Project Remediate’?

‘Project Remediate’ is a 3 year program designed to help remove combustible cladding from eligible residential buildings who will receive:

• Interest free loans over a 10 year period with loan payments commencing after the completion of work
• Assurance and project management services offering technical, risk and practical support to owners corporations and strata managers
• A free 2-hour course on Project Remediate (free until 30 September 2021, following a fee of $140.00 will apply). This course is designed for strata managers and committee members of affected buildings to help them explain ‘Project Remediate’ to lot owners, to enable lot owners to make informed decisions.

Who is Eligible for ‘Project Remediate’?

To be eligible for ‘Project Remediate’ support, the building must be either:

• A residential apartment building (Class 2) located in NSW approved by the Taskforce to have a high-risk combustible cladding façade which requires remediation
• A multi-use building which has part commercial/residential located in NSW approved by the Taskforce to have a high-risk combustible cladding façade which requires remediation

Do you need More Information on ‘Project Remediate’?

For more specific information please visit:

• Strata, Building, Property and Maintenance Managers
• Lot Owners and Landlords
• Real Estate and Property Managers
• Register your interest in ‘Project Remediate’ here.

Do You Need Further Assistance with Combustible Cladding Issues?

Combustible cladding (and building defects) is a complex area of the law.

The team at JS Mueller & Co Lawyers has unparalleled knowledge and experience dealing with many cases in this complex area of the law.

JS Mueller & Co Lawyers published flammable cladding cases:

• Muellers Win First Cladding Case in NSW
• Apartment Owners Win Legal Victory Over Combustible Cladding
• Faiyaaz Shafiq, Wins Landmark Ruling On Apartment Building Risk
• Builder Loses Lawsuit and Must Replace Flammable Laminates on the Exterior Walls of Residential Building
• Apartment Owners Face Millions of Dollars in Re-cladding Bills in Landmark Ruling
• Undue Fire Risk: Wood Cladding Used on Hundreds Of Buildings Including McDonalds Ruled ‘Combustible’
• NCAT Confirms Biowood is Combustible
• NCAT Rules Biowood Cladding is Combustible
• The Combustible Cladding – You Don’t Know About

If you would like assistance with flammable cladding (and/or building defect) issues, please contact us now, we are here to help you.

As winter fast approaches lot owners and tenants ‘cosy up’ their apartment environments with heat creating condensation (moisture) and reduced ventilation – a damp environment that mould loves to thrive in.

Rain during the winter months can also contribute to the increased mould growth in strata buildings and may cause dangerous health issues for owners and tenants as they’re more likely to stay indoors.

Who is responsible for mould in a strata property?

It depends on the location of the mould, and what initially caused the mould to develop. Sounds simple, but the challenge is to work out who organises and pays for the problem to be fixed.

In this article we look at:

1. What is mould?
2. What are the harmful effects mould can have on your health?
3. What are the causes of mould in strata living?
4. Who pays for the mould to be fixed in strata living?

1. What is mould?

Mould is a type of fungi that produces tiny spores which settle on indoor and outdoor surfaces. When the mould spores land on a damp or wet spot, they need a certain temperature to thrive and survive, they then begin to grow and digest the surface where they’ve landed.

Mould can destroy building materials, furnishings and cause serious health problems to people.

2. Is Mould Harmful to your Health?

Airborne mould spores are commonly found in both indoor and outdoor environments and have the potential to cause health problems as they can easily be inhaled.

Inhaling mould spores can have harmful effects on health in children and the elderly, asthmatics, and people with compromised immune systems. It can cause throat, eye and nose irritations, breathing problems and allergic reactions. Some mould can even have more serious health effects and cause chronic, obstructive, or allergic lung diseases.

Mould can also destroy clothing and household items such as mattresses and other furniture which can also cause health issues.

3. What are the Causes of Mould in Strata Apartments?

In strata apartments, mould typically grows indoor in wet or moist areas lacking adequate ventilation, including walls, wallpaper, ceilings, bathroom tiles, carpets (especially with jute backing) and insulation material such as cardboard and wood.

Some common mould problems in strata apartments include:

• Lack of adequate waterproofing allowing water to leak inside an apartment
• Burst pipes or water leaks coming from an apartment above
• Condensation in winter on walls/windows from temperature differences between heated interiors and cold exteriors
• High levels of humidity in summer and temperature differences of cold interiors and heated exteriors
• Condensation from hot showers causing mould on bathroom walls and ceilings, especially if there is no exhaust fan and/or ventilation
• Windows closed all day with lack of adequate air flow
• Strata blocks that are in shade all day and receive no or little sun

4. Who is Responsible for Mould in Strata?

Property Managers and Landlords

In a rental apartment situation, the  landlord is normally responsible for fixing the mould problem as the landlord is responsible for ensuring their tenant a healthy, mould-free environment.

However, if the landlord can show the mould is the result of the tenant’s inactions such as not using exhaust fans or not opening windows/doors for airflow, the tenant may be liable to compensate the landlord for damage.

Strata Managers and Owners Corporations

In strata title properties the person responsible will depend on where the mould is located and what is causing it, which can sometimes be challenging.

Generally, the apartment owner is responsible for removing the mould inside the apartment. However, if there is a defect in the common property that is the cause of the mould, such as a leaking common property pipe, the owners corporation would be responsible for fixing that defect.

Common Property
Common property boundaries of an apartment are generally defined by the floor surface and boundary walls. If mould is located outside of these boundaries the owners corporation is responsible for repairs and mould remediation costs. If the cause of the mould is within these boundaries the lot owner is responsible for repairs and costs.

Strata mould problems are often challenging to solve. In these more challenging cases it is often a good idea to engage with a strata lawyer to help resolve the issue,  and to work out who is responsible for fixing the problem, especially if it involves health issues.

Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

Contact Us

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

‘Smoke Drift’ in Strata Blocks

In Australia, most apartment blocks, old or new have banned smoking in common areas such as hallways, common living spaces, outdoor communal areas and more.

In some states, strata committees have completely banned smoking in all areas of apartments by introducing smoke free by-laws.

And… fast becoming a reality in strata living is a total ban with smoke free apartment blocks.

In recent times second hand smoke has become a major health concern in Strata blocks with organisations such as the Cancer Council getting behind the move.

With this fight against smoke drift and new precedents being set landlords, owners corporations and strata managers need to carefully consider what kind of smoking by-laws will be implemented in their strata blocks. Here we outline three options:

1. Unrestricted Smoking By-law

Many older strata blocks may have unrestricted smoking as a default by-law unaware that they are leaving themselves in a vulnerable position. They should consider reviewing their by-laws to keep up with the latest health concerns and legalities.

2. Limited Smoking By-law

A ‘middle ground’ by-law may limit lot owners and tenants to only smoking within their apartment but not in common areas. However, there have been a number of cases where fines of up to $11,000 have been issued due to second hand smoke creating health issues.

3. Complete Smoking Ban By-law

Only some states currently allow a complete smoking ban. A complete ban includes all areas of apartment blocks, including individual apartments, balconies and common areas.

Ensure Your ‘Smoke Drift’ By-laws are Up to Date

If smoking is a problem in a strata building, the owners corporation should make a by-law prohibiting smoking. This type of by-law is simple to prepare and enforce. Orders can be obtained to stop residents smoking and put an end to second hand smoke drift. It’s also important to note that smoke drift can also be caused by BBQ’s.

Support for smoke-free multiunit living is high particularly among people living with children. It is only a matter of time before most strata buildings go smoke free.

DO YOU NEED YOUR ‘SMOKE DRIFT’ BY-LAW CHECKED?

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.

Is your landlord planning to do strata renovations – cosmetic, minor or major?

Did you know in NSW there are different rules that your landlords must follow for the 3 types of renovations when renovating their strata apartment?

1. Cosmetic Work

Landlords can generally do cosmetic work without approval from the owners corporation however this will depend on the types of renovation by-laws in place. Be sure to check what by-laws apply in their strata scheme as the owners corporation could have changed what is classified as cosmetic work or have a renovation by-law requiring approval to do cosmetic work.

2. Minor Renovations

If your landlord is planning to carry out minor renovations, then approval from the owners corporation is required.

Project plans, a timeline and details of all qualified trades or contractors who will carry out the minor renovations are also required to be submitted for approval. All lot owners will then vote on the project at an Annual General Meeting or Extraordinary General Meeting – the landlord will need over 50 percent in favour for the project to proceed.

3. Major Renovations

For major renovations you must obtain approval by a special resolution (a 75% majority) at a meeting of the owners corporation, and a special renovation by-law is also required to authorise the work.

Again, project plans, a timeline and details of all qualified trades or contractors who will carry out the major renovations will need to be also provided to seek approval.

Does Your Landlord Require a Renovation By-law?

We have significant expertise developing renovation by-laws for strata, company, and community living.

• We have been developing renovation by-laws for 40+ years.
• We know whether you will require a by-law for renovations for owners corporation approval.
• We guarantee within 7 days you will receive the right renovation by-law.
• We also understand that you ‘may’ need your renovation by-law urgently for an upcoming strata meeting – just let us know, we will make it happen.

GET THE RIGHT RENOVATION BY-LAW HERE!

Contact Us

Do you require a renovation by-law or any other strata or property legal advice? Contact us here now, we’re happy to help.

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Are you aware of the traps in collective sales and the potential problem with option agreements?

What are Option Agreements?

Option agreements are frequently used as a mechanism to facilitate collective sales of lots in a strata scheme.  Such option agreements (commonly called “Options”) provide a number of helpful mechanisms and tools to provide a degree of flexibility.

The Traps of Collective Sales Option Agreements

A recent decision of the Supreme Court of NSW has demonstrated that there can be traps for owners of strata lots who are using Options as part of a collective sale process.

The case provides helpful reminders about how options should be used in a collective sale process, and the matters to be aware of if lot owners are going to be properly protected in that process.

What Should You be Aware of?

Here we discuss option agreements and what to be aware of with strata block collective sales Traps in Strata Block Collective Sales

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.

On the 9 April 2021, the NSW government announced a new statewide policy for Short Term Rental Accommodation (STRA).

The commencement of this policy has been deferred to 1 November 2021.

The new STRA laws will override all short-term accommodation planning laws previously in place throughout NSW, including those enacted by local councils. (until the policy takes effect the regulation of STRA in NSW will continue to be the responsibility of local councils and owners corporations).

The NSW Government has implemented:

• a new statewide regulatory framework for short-term rental accommodation (STRA)
• fire safety standards for STRA dwellings
• a government-run STRA Register
• the STRA Code of Conduct and exclusion register that took effect on 18 December 2020

For full details of the new policy and delays please read New Delayed NSW Short Term Rental Accommodation Policy

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.

It’s time for a by-law health check!

How do your by-laws stack up?

Do you rely on the model by-laws and little else?

Or do you tweak your by-laws to get the most out of them?

In this short article we explain how you can tweak some of the most common by-laws to improve them such as:

• Parking
• Pets
• Floor Coverings
• Moving In/Out
• Renovations

Most buildings rely on the model by-laws. But the model by-laws are very basic. Yet, with some tweaking, the model by-laws can be significantly improved, as the examples in this paper New Laws – Tweak Your By-laws shows.

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.

Deadline Reminder By-law Registrations

From 11 October 2021 all ‘By-laws’ and ‘Changes of Address’ Must be Registered Electronically in NSW.

Strata managers and owners corporations can no longer lodge consolidated by-laws and changes of address over the counter. All consolidated by-laws and changes of address will need to be registered electronically through an ELNO such as PEXA.

Did you know the JS Mueller & Co Lawyers team was one of the first firms to register by-laws electronically?  We now have over 12 months experience completing electronic registrations.

If you need any assistance with electronic registrations our experienced team at JS Mueller & Co Lawyers is here to help you. Contact us now.

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.

Pets by-law expert, Adrian Mueller, Strata Lawyer talks pets with LookUpStrata in this recent webinar, covering the recent ‘Cooper’ case:

1. How will you respond to the recent decision of the Court of Appeal in the Cooper case which says that a by-law prohibiting pets is invalid?
2. Will you wait for the dust to settle before deciding what you will do?
3. Or will you act now and change any by-law that prohibits pets?

As well as delving into this recent case and what it means for you, Adrian has also covered Q&A’s specifically focused on the topic of pets in NSW strata buildings.

NEED A PETS BY-LAW REVIEW CLICK HERE NOW!

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 a recent case NCAT has penalized an owners corporation $6,600 for breaching an order to repair common property defects.

However, due to a quirk in the strata legislation, before NCAT could impose that penalty, the lot owners who sough the penalty had to obtain the consent of the NSW Attorney General to make the penalty application.

The case highlights the importance of new laws in the Strata Schemes Management Amendment (Sustainability Infrastructure) Bill 2021 that are expected to commence later this year that will give NCAT power to issue penalties of up to $5,500.00 (without the consent of the NSW Attorney General) for breaching orders made by NCAT.

Read on…NCAT dishes our punishment for order breaches

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