Does an owners corporation have to approve development applications and renovations?

Strata buildings are becoming older. This has given rise to an increasing number of renovations that are carried out in strata buildings. This, in turn, has resulted in more owners corporations and strata managers being asked to approve development applications, and building works associated with renovations.

Often requests for development applications or building works to be approved are made urgently and owners corporations and strata managers are threatened with legal action if approval is not given promptly. But does an owners corporation have to approve a development application or allow an owner to renovate his or her unit?

What happens if the owners corporation refuses to approve a development application or permit renovations? Can the owners corporation’s decision be overturned? If so, how? This paper will provide the answers to these questions.

Click here for the full paper – Strata Applications and Renovations

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

This building defect case highlights the uncertainty of relying on the date of issue of an occupation certificate for determining the time for bringing action and some of the appeal limitations under the Civil and Administrative Tribunal Act 2013 (NCAT).

For the full article please click here – HBA Warranty Reliance on Occupation Certificates

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

The Department of Communications has released an information note to assist building owners and managers to make informed decisions when selecting a telecommunications carrier to install equipment to enable the building to connect to the National Broadband Network.

The Department recommends that building owners and managers consider whether:

• the service provider’s proposal will provide building occupants with a choice of providers and competition into the future
• building occupants will be locked into the decision to use the service provider for a fixed period or in perpetuity
• other carriers will be able to install competing cabling in the future
• carriers are correctly advising on their rights to access facilities, particularly in respect to in-building cabling
• the service provider’s proposal is consistent with pre-existing contracts with other providers, and
• the service provider has a clear plan for managing possible interference with existing services
• consider lease and licence agreements

For the full article please click here – NBN Broadband in Strata

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

How are most strata disputes resolved?

What is the difference between strata mediation and strata adjudication?

How long does the process take?

How much does it cost?

To view the full article please click here –  Strata Dispute Resolution Explained

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

The Supreme Court found that any objection to a payment claim coming under the provisions of the Building and Construction Industry Security of Payment Act 1999 must be put into a payment schedule under that Act and served on the party making the payment claim.

To download the full article please click here Building and Security Payment Plan Objections

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

Sydney Water announces that the new requirements for new multi-level strata buildings will come into effect on 1 September 2014. Buildings from 1 September 2014 must be designed and built to cater for water metering of individual units.

These requirements will apply to relevant development applications that receive a Sydney Water Notice of Requirements (NOR), announcing that three key areas must be adhered to when designing new multi-level strata buildings:

1. Allow for plumbing for a single water inlet to each individual unit.
2. Individual meters must be located in the common area (not inside units).
3. There may also need to be a space and power supply for data loggers to enable them to transmit meter reads to Sydney Water.

In the coming months, Sydney Water will also announce the list of Accredited Metering Suppliers.

For further information please refer to Sydney Water’s draft Multi-Level Individual Metering Guide or contact meters@sydneywater.com.au.

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

Should anyone who turns up to a strata meeting with a gun in their pocket be banned from ever living in a community scheme?

For those of us who have been involved in strata for a while, it’s only a matter of time when a strata meeting will turn ugly.

You’re usually dealing with some very volatile elements in any given strata scheme – it’s about people’s rights and responsibilities. There are people for whom the right to do what they want in the home that they own, goes without saying – which is rarely the right fit with a lifestyle that depends on a sense of community such as strata living.

Logic and reason can be quickly forgotten as recently seen in the news where an elderly Sydney man was involved in the shooting of his building manager during a bitter strata meeting.

Click here to view the full media article.

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

The Building and Construction Industry Security Of Payment Amendment Act 2013 is proclaimed to commence on 21 April 2014.

The Building and Construction Industry Security of Payment Act 1999 was amended by the Building and Construction Industry Security of Payment Amendment Act 2013. The amendments will not apply to construction contracts entered into before 21 April 2014. The Act applies to all construction contracts entered into by owners corporations for work on the common property.

The principal changes which affect owners corporations are as follows:

• Owners corporations will now be a principal under the main contract with the head contractor.
  A progress payment is to be made by a principal to a head contractor 15 business days after a payment claim is made or such earlier date as may be provided by the contract.
• It is no longer possible to contractually extend the period for the making of the payment.
  The contractor is no longer required to endorse a payment claim made under the Act in any way. This means that you must treat every invoice or payment claim under a construction contract or any construction arrangement as being subject to the Act.
• You will need to immediately enquire from your principal on receipt of any invoice for construction work, whether there is a dispute in relation to payment and, if there is, ensure that a payment schedule is prepared and served on the contractor within 15 business days of receipt of the invoice. Failure to do so will remove any right to withhold any part of the payment claim.
• Head contractors must now serve a supporting statutory statement with a payment claim which must include a declaration to the effect that all subcontractors have been paid.
• Failure to serve a supporting statement leaves the head contractor liable to a fine up to $22,000.00 but does not invalidate the payment claim.

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

A new decision not only renders void resolutions passed at general meetings called improperly but paves the way for owners who lose valuable rights because a resolution is invalid to sue the person responsible for the calling off the meeting. 

Click here to read the full article – Strata General Meetings

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

The Supreme Court of NSW has recently held in two cases involving JS Mueller & Co that a bankrupt lot owner will not be entitled to a stay of an eviction from their strata unit where it is clear that the owner has made no attempt to pay overdue strata levies.

Please click here to view the full article – Stay of Eviction Refused for Levy Debtors

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