Short term accommodation, can it be stopped?

Does short term accommodation require Council approval or is it prohibited in most local government areas in NSW?

Is a by-law still an effective way to prohibit short term accommodation in a strata scheme?

We’ve prepared a short paper to help you understand the ins and outs of this area of strata law Short Term Accommodation.

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

After four sets of legal proceedings, the Supreme Court has finally given the green light for a lot owner to keep his outdoor spa and decking installed on an external area in a lot in a residential strata scheme.

This case highlights the restrictions that apply to appeals to the Supreme Court against decisions made by NCAT in strata disputes and the difficulty winning those appeals.

Read the full case here; After 4 Years, Mr Nicholls Gets to Keep His Spa

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

We all know that raising and receiving strata levy funds for building maintenance and scheme administration is fundamental to an efficiently run strata complex.

That’s why it’s imperative that any strata levies in arrears are recovered in a timely manner to ensure that sufficient funds are always readily available.

So what is the process for:

1. Levy Issues
2. Levy Payments
3. Levies in Arrears
4. Collection of Levies in Arrears

To find out download our paper here NSW Levy Debt Collection Process

Specialist paralegals and lawyers are not only expert collectors and negotiators; they are highly skilled in all essential aspects of levy recovery.

Speak to the specialist NSW levy collections experts here or call 02 9562 1266, we’re happy to assist.

Up until recently, there have been no reported cases of where the Land & Environment Court has dealt with an application to permit the collective sale or redevelopment of a strata scheme under the new strata laws.

That changed on 19 February 2018, when the Land & Environment Court issued preliminary decisions in two cases involving proposals for the collective sale of two strata schemes in Sydney.

So, what can we learn from the first two collective sale cases? To find out download this paper Collective Sales Cases Hit the Land and Environment Court.

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

After becoming a monk, a landlord in Sydney, named Law Siek Hong, “gave up” his property and disappeared in Malaysia, leaving a large levy debt behind.

Law Siek Hong property is located in Darlinghurst, the owner of the property committee spent 12 years, more than 60,000 Australian dollars (RMB300,000) trying to find him, forcing him to pay a cumulative tax of more than 280,000 Australian dollars (RMB1.4 million).

Recently, the owners committee won a supreme court suit, debuting the apartment for the first time by auctioning off the debt.

Senior lawyer, JS Mueller & Co, Faiyaaz Shafiq said: “This is a big issue in Australia because some overseas buyers are usually from Asia, but they never live in it and no one knows where they are and they are usually hard to find.”

To read the full Sydney Morning Herald Domain article click here.

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

It’s widely accepted that holiday lets have a more profound effect on apartment blocks than stand-alone dwellings, for obvious reasons.

Late last year, the Privy Council in London ruled on a piece of overseas strata legislation that was basically a cut-and-paste of NSW strata law, section 139 (2), which says that by-laws can’t interfere with owners letting their units.

But what do the ‘legal eagles’ think…

Adrian Mueller of JS Mueller & Co says that rather than a by-law restricting the number of days a property could be let I would… “Advise the owners corporation to make a new by-law that would prohibit an owner or occupier of a lot using the lot … for unlawful short-term accommodation”.

To read the full Australian Financial Review (AFR) article click here  Strata Lawyers Dissect Anti-Airbnb Rules.

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

The deadline for owners corporations to review their by-laws has passed and most owners corporations have now completed their by-law reviews.

So what lessons can be learned from the by-law review process? And, more importantly, what mistakes have been made during that process and how can they be fixed?

Read this paper to find out common mistakes and how you can fix them  By-law Reviews – How to Avoid the Big Mistakes.

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

Another new law

In 27 days owners corporations must comply with another new law – window safety devices (window locks).

In NSW, window safety devices must be installed on certain windows by 13 March 2018 otherwise owners corporations may face hefty fines if requirements are not met by the due date.

Frequently asked questions?

Can an owners corporation force lot owners to install window safety devices by making a new by-law?

Can the owners corporation force lot owners to maintain and repair window safety devices after they are installed if there is no by-law in place?

If there is no by-law in place, who is responsible for the installation, maintenance and repair of window safety devices?

And if there is no by-law in place, who is responsible for the costs associated with deliberate damage and /or removal of the window safety devices?

Be prepared!

A window safety devices by-law will ensure the rules are clear should any of the above circumstances and more arise.

For NSW by-laws advice please contact us here or call 02 9562 1266, we’re happy to assist.

Recent research conducted by the University of NSW lists the top 15 common building defects in strata blocks.

To deal with problems caused by defective building work in new strata buildings, the NSW Government introduced a building bond scheme which commenced on 1 January 2018.

The bond scheme will apply to many new strata buildings that are built this year.

So, what do strata managers need to know?

To help you navigate the new laws we’ve prepared this paper Building Defects Bond Scheme that covers everything strata managers need to know.

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

Read the full Sydney Morning Herald (SMH) article here.

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