The NSW Supreme Court recently found a Local Council which acted as the certifier of a house, liable to the homeowner for structural defects.
This case offers hope to owners corporations whose buildings are affected by building defects.
To read the full article – Building Defects Certifier Liable
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
New strata by-laws allowing pets in units, managing illegal parking and curbing smoking on apartment balconies are part of the biggest overhaul of strata laws in more than 50 years. Set to come into play 1 July this year, what do they mean?
Pets
The new changes to pet strata by-laws will have an impact on people living with pets. Under the current model there are 3 options and these will change come 1 July. The current options are:
Note: Currently if the owners corporation chooses no option it will default to option 1.
What happens post 1 July?
The new strata by-laws will not remove a scheme’s ability to make its own rules about pets. However, if the new model by-law is adopted, the request to keep a pet cannot be unreasonably refused. If the owners believe approval was unreasonably withheld, they can apply to the Tribunal.
For more information – Fair Trading Strata Law Reforms
Parking
Drivers who illegally park in visitor bays of strata communities could soon be slapped with $550 fines by the City of Sydney Rangers if a plan to crack down on non-approved parking takes hold.
This strata reform will assist to reduce one of the most common disputes concerning unauthorised parking by residents misusing visitor parking spots, or outsiders with no connection to the strata scheme parking on common property without prior approval.
So, how will it work?
A scheme will need to enter into an agreement with an authorised council which will allow them to enter the property, erect signage and issue fines. It’s not mandatory; schemes have a choice as to whether they wish to enter into such arrangements.
For more information read – Better Parking Control
Support for smoke-free multiunit living is on the rise, particularly with people living with children and it’s predicted that it’s only a matter of time before most strata buildings go smoke-free.
The NSW Government has said that the new strata laws would make clear that smoking and second-hand smoke exposure could constitute a nuisance that could be outlawed.
How can it be imposed?
Simply, an owners corporation can make a strata by-law banning smoking throughout an entire strata building. Orders can also be made against residents who smoke or allow their cigarette smoke to drift into other units, and landlords can be held liable to their tenants for second hand smoke exposure.
To read the full article written by partner, Adrian Mueller click here – Wake up and Smell the Smoke
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
About JS Mueller & Co
JS Mueller & Co has been servicing the strata industry across NSW for almost 40 years. We are a specialist firm of strata lawyers with in depth and unmatched experience in, and comprehensive knowledge of strata law and levy collection. We are there to assist you every step of the way.
Trial our new online ‘Levy Collect’ service today. Simply send an email to jsmmarketing@muellers.com.au and we’ll be in touch week commencing 11 January 2015.
Millions of Dollars
We understand that raising and receiving funds for building maintenance and scheme administration is fundamental to an efficiently-run scheme. That’s why, in 2015, the Muellers team collected millions of dollars in outstanding levies.
Access 24/7/365
Based on feedback from our clients, we also enhanced our levy collection service with a new online system ‘Levy Collect’, making it even easier for you to access your matters 24/7/365, anywhere, anytime from your desktop, laptop, tablet or smartphone….giving you back time to focus on other things.
FREE Trial
Anyone who would like to trial our new online ‘Levy Collect’ service can do so by contacting us and we’ll be in touch in 2016 with the details.
Trial our new service today by simply sending an email to jsmmarketing@muellers.com.au and we’ll be in touch week commencing 11 January 2015.
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
As the holiday season arrives, we’d like to take this opportunity to thank you for your support. It is through the satisfaction and loyalty of our clients that we can truly be a success at what we do!
Thanks to you, the Muellers team have been busy helping communities throughout 2015…
New Laws
The new strata laws will kick-in 1 July 2016, so, if you are looking to speak to a team of experts in strata law, we’d be happy to help. The Muellers team has over 130 years’ combined experience so you know you will be speaking to a team with knowledge and experience.
In fact, the Muellers team resolved hundreds of strata legal matters during 2015 including litigation and dispute resolution, building and construction, strata disputes, strata by-laws, levy recovery, management and property development.
And did you know we can also assist with conveyancing, wills and estate planning, and commercial leasing?
Millions of Dollars
We also understand that raising and receiving funds for building maintenance and scheme administration is fundamental to an efficiently-run scheme. That’s why, in 2015, the Muellers team collected millions of dollars in outstanding levies.
Access 24/7/365
Based on feedback from our clients, we also enhanced our levy collection service with a new online system ‘Levy Collect’, making it even easier for you to access your matters 24/7/365, anywhere, anytime from your desktop, laptop, tablet or smartphone….giving you back time to focus on other things.
No strings attached!
Anyone who would like to trial our new online ‘LevyCollect’ app can do so by sending an email to jsmmarketing@muellers.com.au and we’ll be in touch week commencing 11 January 2016 with the details.
And that’s the wrap-up…
We are taking a holiday break from 23 December 2015 and return on 11 January 2016.
We look forward to working with you in 2016.
We wish you and your families a safe and happy festive season!
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
From the entire JS Mueller & Co team we wish you a Safe and Happy Festive Season!
We are taking a short break from the 23rd December 2015 and returning on the 11th January 2016.
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266 and we’ll get back to you following our break.
Bruce Bentley, Partner JS Mueller & Co presented recently at a Legalwise Seminar ‘Review of Strata Title Reforms’.
To view a copy of Bruce’s paper please click the link below.
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
In September 2015 the JS Mueller & Co team presented at a forum to the strata industry the new proposed strata laws.
Since the forum, it has been announced that the new strata laws will come into operation on 1 July 2016.
On 29 Oct 2015, the New South Wales Parliament passed the new Strata Schemes Management Bill 2015 and the Strata Schemes Development Bill 2015.
Papers and presentations are available to view here:
JS Mueller & Co Forum Presentations_Sept15
JS Mueller & Co Forum Papers_Sept15
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
The recent media attention concerning smoking in strata buildings reached a fever pitch when NCAT ordered the landlord of a strata unit in Potts Point to pay compensation to his tenant.
The NSW Government said that the new strata laws would make clear that smoking and second-hand smoke exposure could constitute a nuisance that could be outlawed.
So, what can be done about smoking in strata buildings? Can smoking be prohibited? Perhaps a smoking by-law, let’s find out.
For more information read – Smoke Drift By-laws
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
On 29 Oct 2015, the New South Wales Parliament passed the new Strata Schemes Management Bill 2015 and the Strata Schemes Development Bill 2015. These new laws will come into operation on 1 July 2016.
The new legislation contains around 90 changes to the existing laws, some of which are said to be controversial, and only time will tell what effect it will have on the strata landscape in NSW.
Minister for Innovation and Better Regulation, Victor Dominello, said in his contribution to the debate: “Today more than two million people live and work in strata. The new laws will cater for the needs of 21st century strata living,”
He further stated that: “The new laws will modernise collective decision making processes, increase protections against unresolved building defects and improve outdated regulation impacting on renovations.”
Like any Act of Parliament, there are regulations that work hand in hand with the Act. Public consultation on the draft regulations to accompany the new Acts, including model by-laws, will commence in early 2016. When that consultation begins we will provide more information about the proposed regulations.
Further information: www.fairtrading.nsw.gov.au
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
JS Mueller & Co partner and strata law expert, Adrian Mueller, shares the following case Frankel – v – Patterson [2015] NSWSC 1307 with LookUp Strata Newsletter.
For more information read – Pet By-laws