The Top 5 Most Useful Strata By-laws and Factsheets

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.




New Building Bond and Defect Laws Start Today!

New building bond and building defect laws commence today, 1 July 2020.

The new laws are part of the NSW Government’s promise to “get tough” on building defects and form part of a suite of new laws that have recently been introduced to combat the spate of poorly built strata buildings.

These new laws will strengthen the rights of owners corporations to make claims against builders, developers and other to have defects repaired or obtain compensation to cover the cost of repairing defects.

That Act introduces new laws with respect to the rectification of building defects in new strata buildings. In this article we take a look at those new laws:

  • The New Laws and the Buildings They Apply to
  • Changing Due Dates for Payment of Building Bonds
  • Consequences for Failing to Provide a Building Bond and Increased Penalties
  • Offences for Developers Providing False/Misleading Information
  • Using Building Bonds to Pay Other Costs
  • Extending  the Time Frame for Building Bond Claims
  • Cancelling a Building Bond
  • Recovering of the Building Bond from Developers
  • Investigation and Enforcement Powers
  • Protection of Building Inspectors from Personal Liability
  • Forcing Developers to Provide Information to Inspectors

Here we outline the new laws New Building Bond and Defect 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.




Building Defects: New Rights for Owners Corporations

New ‘duty of care’ laws makes all participants in building work responsible for fixing building defects!

Passed by the NSW Parliament in early June 2020, the new building laws will have a significant impact on people that own and live in strata buildings and any person involved in property development and construction in NSW.

The new laws apply to both existing buildings built in the last ten years and also to the construction of new buildings going forward.

Those laws will give many owners corporations rights they did not previously have.

Here we explain the Building Defects New Duty of Care Laws and what actions strata managers can take 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.




Help has Arrived: New COVID-19 Strata Regulations

On Friday, 5 June 2020 new COVID-19 strata regulations commenced.

These regulations introduce four key changes that will affect strata managers, owners corporations, community associations, precinct associations and neighbourhood associations across New South Wales.

The new regulations make it easier for strata managers to convene and hold general meetings and committee meetings.

The new regulations will also enable documents to be signed by strata managers remotely and without having the seal affixed to them.

The new regulations also extend certain time periods for things to be done.

Learn more about the new strata regulations here: New COVID-19 Strata Regulations

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




Where do we Now Stand with Pet By-laws in Strata Living?

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.




Electronic Registration of By-Laws

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?

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.




Further COVID-19 Strata Laws: Govt Helps Strata Industry

Government moves to help strata industry with further COVID-19 strata laws.

On 14 May 2020, new laws made by the NSW Parliament as a result of the COVID-19 pandemic commenced.  Those laws amended the Strata Schemes Management Act 2015 and the Community Land Management Act 1989 to enable new regulations to be created to deal with the impact of the COVID-19 Pandemic on the strata industry.

Electronic Voting and Meeting Notices

This means there will be power for new regulations to be released that will, for example, allow:

  • Notices of meetings of a strata committee, owners corporation or community association to be served electronically even where there is presently no right to do so;
  • Votes to be cast at meetings of a strata committee, owners corporation or community association electronically even if electronic voting has not been approved;
  • The seal of an owners corporation or community association to be affixed to documents, and the witnessing of the affixing of the seal to be conducted, remotely;
  • An extension of a time period in which a thing is required to be done under strata or community title laws.

The new regulations will be able to override a provision in the Strata Schemes Management Act or Community Land Management Act.  The new regulations have not yet been released.  It is expected that the regulations, once released, will remain in force for up to six months.

Electronic Signed and Sealed Documents

The regulations will provide a welcome relief to many strata managers, owners corporations and community associations.  Importantly, the regulations should allow meetings to be convened and held by electronic means and allow documents to be signed and sealed remotely.

The new regulations will enable strata committees, owners corporations and community associations to make legally enforceable decisions and continue to manage their affairs during the COVID-19 pandemic.

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




COVID-19 and Pets in Strata Apartments

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.




How Will You Handle Your Blocks Overdue Levies?

With overdue strata levies on the rise due to the COVID-19 situation many strata schemes will soon find out how many of their owners are struggling to meet their levy commitments.

Also, recent Government announcements to personal and corporate insolvency laws will have a dramatic impact on the way overdue strata levies are recovered.

In this paper we provide:

  • A Snapshot of the Changes to Levy Recovery Practice
  • An Overview of those Changes
  • Details of the Ramifications of the Changes
  • Information about Payment Plans for Overdue Levies
  • Information about Template Payment Plan Documents

After reading this paper Levy Recovery Practice Changes Due to Coronavirus if you would like a copy of our ‘template payment plan documents’ and/or would like assistance with managing your levy recovery payment plans please email jsmmarketing@muellers.com.au

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