Does a strata committee have the power to make decisions on behalf of an owners corporation?

Should you save yourselves a vote next time a clause in a by-law or a condition in an agreement refers to the approval of the owners corporation?

To vote or not to vote read on to find out Strata Voting and Meetings

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

We all know an owners corporation must maintain and repair common property in its strata scheme.

However, what happens when an owner alters the common property without the consent of the owners corporation?

Does the owners corporation have to repair that common property?

Read on and find out who is responsible for repairing that common property? Strata Unauthorised Works

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

An NCAT decision allowing a lot owner to keep unauthorised renovations was recently overturned by the Supreme Court.

In doing so, the Court confirmed that an owners corporation must act unreasonably before NCAT should overturn a decision of an owners corporation not to allow an owner to keep unauthorised alterations to common property.

Read on to find out why Supreme Court Quashes NCAT Decision to Allow Unauthorised Works

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

In a recent case a residential apartment building in Rhodes, Sydney claimed damages against Walker Group Constructions, inferring they had breached statutory warranties.

However, after a five day hearing, the referee came to this surprising conclusion: Were Statutory Warranties Breached?

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

At JS Mueller & Co we know how to poke the bear!

How, you ask?

Well, we know how to approach or should we say, poke, a lot owner who does not pay their levies on time.

Knowing the right approach can often reap the rewards. That’s where JS Mueller & Co’s 40 years experience comes in handy.

There are many types of bears but in general, we can narrow them down to three types. Check them out here:  Levy Debt Collections

Need a levy collection debt recovery or strata law advice contact JS Mueller & Co today on 02 9562 1266 or click here now.

PS: No bears were harmed in the making of this :).

The Supreme Court has ordered an owners corporation suing its former lawyers to give security for the costs the lawyers will incur defending the case and has halted the case until the owners corporation does so.

In Court cases, the loser is normally ordered to pay most of the winner’s costs.  But what happens if the eventual winner is fearful that the loser will not be able to pay its costs?

Is there anything the winner can do to halt the case before it incurs substantial costs fighting the case?

This decision is a game changer.  Read on to find out why… Owners Corporation Security Costs for Building Defects

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

Are you aware that it’s now less than 12 months before owners corporations must comply with another new law?

That’s right, in NSW, window locks must be installed on windows by 13 March, 2018. Otherwise, owners corporations will face hefty fines if requirements are not met by the due date.

According to Westmead Children’s Hospital around 50 children fall from windows and balconies every year. To reduce the risk of these incidents occurring the Strata Schemes Management Act (for existing buildings) and the Building Code of Australia has been amended (for newly constructed buildings).

To ensure you comply by the due date we suggest taking this approach:

• Make it a priority – ensure it’s an agenda item at your next meeting
• Determine if a window lock by-law is required
• Obtain a child window safety report, this will determine what windows require locks
• Review window lock options to determine what the best options are for the building and its residents
• Obtain window lock quotes and approval for works to be carried out
• Complete the required installations
• Ensure that a ‘Certificate of Compliance’ is obtained from the installer

Did you also know?

• Lot owners may install window safety devices in their property at any time, but they must advise the owners corporation and, if you have a by-law in place lot owners must comply.
• Tenants must get written permission from their landlord before installing any locks that require drilling to install them. If any landlords refuse the tenants installing locks they must provide a valid reason.

Remember, leaving it to the last minute places your scheme at risk of not complying by the due date. So, to avoid incurring a hefty fine, ensure it’s an agenda item at your next meeting (if you haven’t already done so).

For further information on the new window lock requirements visit – Fair Trading NSW.

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

Did you know that the information an owners corporation has about their owners can actually make it much simpler for us to act more effectively in recovering strata levies?

To assist you with the details that can help us, the team at JS Mueller & Co has developed a handy list of items for consideration when briefing your next strata levy debt recovery instruction:

1. If you know that the unit is tenanted but the address for service of notices is at the unit, let us know, particularly if you’re aware of whom the real estate agent is.
2. When advising your levy recovery person to enter Judgment and take the next step, the following information can greatly assist:

•  Details of where the lot owner works so JS Mueller & Co can organise to garnishee their wages – much cheaper and more effective than a Sheriff.
• Details of their motor vehicle type and registration number and a time they’re normally home – this will make it easier for the Sheriff to seize goods.

Historically when matters have been difficult to serve, the information an owners corporation has access to, can assist us greatly in a successful and quicker levy debt recovery.

Here are some examples of how information has assisted JS Mueller & Co in faster recovery of strata levies… who would have thought!

 Hockey Training

We’ve successfully served a guy with a Statement of Claim (SOC) at hockey training.  All because the owners corporation advised us that he rode his bike once a week to hockey training.

Pony Club

JS Mueller & Co was able to serve another woman at Pony Club when we were advised by an owner/occupier that she stored her Pony Club stuff in the garage.

So, you can see little pieces of information an owners corporation knows about a lot owner can provide us the little piece of magic we need to get a successful result.

Keep the list above in a handy place for when you next provide a levy debt recovery instruction.

Our levy collection service is available across regional and metropolitan NSW so let us know if you need any assistance with levy recoveries, we’d be happy to assist.

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

The NSW Government recently announced the delay of the strata building bond and inspection scheme.

Originally announced to start 1 July 2017 the commencement date has now been revised to 1 January 2018.

The delay is to allow for issues arising from the consultation phase to be addressed.

Please refer to the Building Defect Bond Scheme for further information.

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