JS Mueller & Co Partner, Bruce Bentley talks Home Owner Warranty Protection NSW with Clive Robertson 2UE Radio.

To listen to the full 2UE Radio interview click here.

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

Today, 8 October 2014, the High Court of Australia in the case of Brookfield Multiplex Limited –v- Owners Corporation Strata Plan 61288 & Anor [2014] HCA36 unanimously allowed an appeal by Brookfield Multiplex Limited from a decision of the Court of Appeal of the Supreme Court of NSW holding that Brookfield, the builder of a strata title apartment complex, did not owe a duty of care to the owners corporation of the complex to avoid causing financial loss resulting from latent defects in the common property.

The judgment of the High Court now confirms once and for all that generally the only claim available to an owners corporation for building defects is a claim for breach of statutory warranties under the NSW Home Building Act 1989.

Prior to this High Court decision, owners corporations were entitled to sue for breach of statutory warranties under the Home Building Act and also for breach of duty of care, i.e. in negligence at law.

Unfortunately, the High Court has now held that in general an owners corporation can only sue for breach of statutory warranties, but cannot sue a builder in negligence for a breach of duty of care because the builder does not owe a duty of care to the owners corporation.

For further commentary on this recent judgment of the High Court of Australia please view the following links:

1. Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 & ANOR
2. Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 [2014] HCA 36 (8 October 2014)

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

Key reforms to support residents living in nearly 2,200 community, neighbourhood and precinct schemes in NSW have been unveiled in a new community schemes law reform position paper.

A snapshot of the proposed changes includes:

• Helping associations to monitor and fund property maintenance by requiring a builder or developer to provide a building maintenance schedule at the first annual general meeting.
• Limiting proxy votes to prevent an individual or small group controlling a scheme.
• Streamlining by-law enforcement; making it easier to penalise serial offenders and recover enforcement costs.
• Boosting industry professionalism and the responsible management of schemes through strengthened accountabilities, including new disclosure requirements.
• Providing opportunities for tenants to be represented at meetings.
• Accommodating online technology to help schemes communicate and operate efficiently and effectively.

To find out more visit the review of the strata and community scheme laws where you can read the positioning paper giving details on the reforms.

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

Bruce Bentley, Partner JS Mueller & Co presented this week at the REINSW Conference 2014 on ‘Trading Within Your Strata Management Agency Agreement’. To see a copy of Bruce’s presentation please click the link below.

Click here to view the full presentation – Trading within your Strata Management Agency Agreement

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

Strata manager Rachael Kwawegen sentenced to 15 months in prison

A Sydney strata manager who stole more than $1 million from the apartment and business owners whose buildings she looked after has been sentenced 15 months in prison.

Please click here to read the full article – Strata Manager Sentenced to 15 Months in Prison

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

Bruce Bentley, Partner JS Mueller & Co presented this week at the REINSW Conference on ‘Trading Within your Strata Management Agency Agreement‘.

To view the presentation please click here – Trading within your Strata Management Agency Agreement

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

According to a recent survey, 85% of new strata buildings suffer from building defects.

Sometimes the builder responsible for the defects wants to return to repair them.

But do you have to allow the builder back particularly if you don’t want to?

To view the full article click here – Building Defects and Your Builder

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

The Government has released draft regulations to the Home Building Amendment Act 2014 which provide for operation of that Act to commence on 1 December 2014.

A number of organisations made submissions to the Government in relation to those regulations and a final start date has not yet been confirmed. Anyone with a defect claim:

• which is not yet the subject of litigation or an insurance  claim
• where more than 2 years has elapsed since the date of completion of the building work; and
• relying on the defects being structural within the terms of the existing regulations

should immediately seek legal advice to confirm whether those defects will be covered as a major building defect under the new legislation.

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

Disputes between neighbours take many forms. This paper will consider the law relating to some of the most common and challenging types of neighbourhood disputes that affect owners corporations and strata managers. These are: disputes about access to neighbouring lands; hazards such as collapsing retaining walls, landslips and rock falls; dividing fences and tree disputes.

In modern cities, neighbourhood disputes involving strata schemes are commonplace. And these disputes are likely to increase as the drive towards urban consolidation literally pushes neighbours closer together and into greater conflict.

It is therefore important that participants in strata schemes, from owners corporations to strata managers, have a basic understanding of the most common types of disputes and the laws applicable to them.

Click here to download the full paper – Neighbourhood_Disputes

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

Neighbouring properties often need temporary or permanent access to a strata scheme in order to develop their land – neighoubouring land access.

The usual scenario is that the neighbour contacts the executive committee or the strata manager, offering a simple form to sign to expedite the process. The neighbour will not voluntarily make any mention of liability, indemnities, compensation or other costs.

Most types of access only require an ordinary resolution at a general meeting. However, the registration of an easement (such as drainage easements, easements for services etc.) requires a special resolution, in accordance with section 26 of the Strata Schemes (Freehold Development) Act 1973.

Click here to download the full paper – Easements and Neighbours Accessing Strata Schemes

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