Compulsory Electronic By-Law Registration

Compulsory Online By-law Registrations 

From 11 October it will be mandatory for by-laws to be registered electronically through an online platform such as PEXA.

Only Lawyers and Conveyancers can Register By-laws

Strata managers cannot access PEXA, only lawyers and conveyancers can.

We have a team dedicated to electronic by-law registrations. We have been registering by-laws and other dealings for hundreds of strata managers electronically through PEXA for over 12 months. We were one of the first firms in NSW to do so.

We make the process easy for you. You can still prepare the consolidated by-laws and send them to us for registration through PEXA and we will take care of the rest for a small fee.

Alternatively, you can have us prepare the consolidated set of by-laws and register them through PEXA as well.

Mandatory Online Registrations Commence 11 October 2021

Don’t get caught out when the system changes on 11 October.

If you would like to know more about our electronic by-law registration services, please contact us.


ELECTRONIC BY-LAW REGISTRATION HELP

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.




Must an Owners Corporation Repair Lot Property

In last week’s newsletter article, we reported on a recent NCAT case in which an owners corporation was ordered to repair damage to lot property caused by a common property roof leak.

Our article generated considerable interest. The NCAT decision begs the question: Is an owners corporation responsible for repairing lot property?

In this article, we take a closer look at that issue and consider whether the NCAT case we reported on last week (Mastellone v The Owners – Strata Plan No. 87110 [2021] NSWCATAP 188) was correctly decided.

Read the full article Is an Owners Corporation Responsible for Repairing Lot Property?

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.




Owners Corporation Told to Repair Lot Property by NCAT

There is a common misconception that an owners corporation is not responsible for repainting a water damaged ceiling in a lot or repairing consequential water damage to a lot that is caused by a common property defect.

In a recent case, NCAT held that:

  • an owners corporation is responsible for carrying out those repairs;
  • the common property memorandum does not exempt an owners corporation from having to perform those repairs.

Here we discuss the case and explain why an owners corporation is not exempt from repairing damage to lot property NCAT Orders Owners Corporation to Repair Lot Property

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.




Strata Renovations and Repairs New COVID Rules

As announced by the NSW Government, from Saturday 31 July 2021 owners corporations and individual lot owners may commence renovations, repair and maintenance works subject to the following requirements.

Renovations

Renovations of homes where people are living can resume in Greater Sydney, including the Blue Mountains, Wollongong, Central Coast, and Shellharbour local government areas.

The restrictions that apply to repairs, maintenance and cleaning services will also change in Greater Sydney, including the Blue Mountains, Wollongong, Central Coast, and Shellharbour local government areas.

Exemptions to these new rules include local government areas of Blacktown, Campbelltown, Canterbury-Bankstown, Cumberland, Fairfield, Georges River, Liverpool and Parramatta.

In the local government areas where renovations, repairs and maintenance are permitted:

  • In an outdoor area, no more than five (5) persons can undertake work at the same time
  • In an indoor area, no more than two (2) persons can undertake work at the same time
  • If work is occurring in an indoor area on the premises, and other persons (such as members of the household) are present at the premises, the other persons must stay in a separate indoor area of the premises from the persons undertaking the work at all times

Repairs, Maintenance and Cleaning

Any repairs, maintenance or cleaning that can be delayed should be rearranged. However, there are certain circumstances where repairs, maintenance or cleaning services are allowed, in line with the above rules and local government area restrictions, including if it is:

  • Urgent to ensure the health, safety, or security of the premises or household
  • an emergency
  • For the installation, maintenance and repairs of essential utilities, including a water, gas, electricity, internet, television or telecommunications service
  • For fire protection and safety
  • Necessary to prepare an unoccupied place of residence for sale or lease

Recommendations

It is recommended that:

  1. Tradesmen and contractors enter the building on a contactless basis and wear face masks at all times
  2. All residents be notified when tradesmen and contractors will be in the building, and specifically on each floor
  3. Where possible, tradesmen and contractors should use the fire escape stairs
  4. Tradesmen and contractors provide proof that they do not reside in the local government areas of Blacktown, Campbelltown, Canterbury-Bankstown, Cumberland, Fairfield, Georges River, Liverpool and Parramatta;
  5. Social distancing of 1.5m is adhered to at all times (as a minimum)
  6. NSW Health guidelines are followed at all times
  7. Tradesmen and contractors not enter a lift or common areas with residents of the building
  8. Only essential work is undertaken, or work to a vacant/uninhabited unit being prepared for the sale or lease of the unit. All other work is to be delayed/deferred until guidelines change
  9. A maximum of 2 contractors is permitted within a lot at any given time (please note that the Strata Communications Association – SCA – is seeking clarification on this matter for strata schemes – whether it is 2 per lot and not 2 per building)
  10. A maximum of five (5) tradesmen or contractors work on the exterior of the building at any given time
  11. Individual lot owners meet their tradesmen and contractors outside of the building and ensure compliance with all requirements

It is also recommended if renovations and/or repairs are being carried out that;

  • Building management is advised with identification of the contractors onsite provided
  • Building management also provide information to residents of any works being carried out in the building
  • Building management confirm that any contractors entering the building are not from the restricted local government areas

For more information refer to the NSW Government here.

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.




Important Recent Changes to Strata Laws

The NSW Government has made a number of important changes to the Strata Schemes Management Act 2015 (Act).

Sustainability Infrastructure, Voting and Proxies

On 24 February 2021, changes to the Act commenced that:

  • Make it easier for a lot owner or owners corporation to install “sustainability infrastructure” on common property such as solar panels and electric vehicle charging stations. A lot owner or owners corporation will be able to install “sustainability infrastructure” on common property if a “sustainability infrastructure resolution” is passed by a simple majority (i.e. 50% or more) at a general meeting;
  • Prevent an owners corporation making available for inspection any record that would disclose how an owner voted in a secret ballot unless the owners corporation is directed to do so by NCAT or a court;
  • Enable a lot owner who owns more than one lot to nominate one individual to act as a proxy for all the lot owner’s lots.

Fines

Since 1 July 2021, NCAT has had the power to order a person to pay a penalty of up to $5,500 where the person has breached an order by NCAT.

Pets

From 24 August 2021, an owners corporation will not be able to have a by-law which unreasonably prohibits the keeping of an animal on a lot. Further, it will be deemed reasonable to keep an animal on a lot unless keeping the animal unreasonably interferes with another occupant’s use and enjoyment of the occupant’s lot or the common property. Those changes codify the decision of the NSW Court of Appeal in Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250 in which it was held that a “no pets” by-law is unenforceable.

If you need any assistance with updating your by-laws or navigating the new laws please contact us here, we’re happy to assist.




Can Cleaners and Tradies Currently Work in Strata?

SCA (NSW) and various strata managers have published guidelines on whether cleaning contractors and tradies can work in strata buildings under the latest public health order that commenced on 19 July 2021.

The true position is as follows:

  • Cleaners and tradies can only do work in a residential strata building in the Greater Sydney Area:
    • If the work is urgently required; and
    • The work is required to ensure the health, safety or security of building or its residents (e.g. urgent waste disposal); or
    • The work is required because of an emergency (e.g. a burst pipe, flooding event or fire).

This does not allow routine cleaning and maintenance to be performed by cleaning contractors and tradies in a residential strata building in Sydney.

For more information read our analysis here Covid-19_Cleaners and Tradies in Strata

If you want to know more, or are interested in our in our Covid-19 by-law click here.

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.




Owners Corporations and COVID-19 Help is Here!

Are Apartment Blocks the new COVID-19 Super-spreaders?

Just like cruise ships strata buildings have the capacity to be super-spreaders of COVID-19.

Apartment buildings and strata blocks have many shared facilities and not all, such as lifts, can be closed during COVID-19 breakout periods.

Shared facilities such as lifts, foyers, stairwells, air-conditioning, garbage and laundry facilities all have the potential to spread COVID-19 and with the current Delta variant, that can occur very quickly, as seen with this recent lockdown of a prominent strata building in Sydney’s east!

As all of Greater Sydney deals with the lockdown and NSW Health advice stating how difficult it is to control the spread of this new very contagious strain of COVID-19, Owners Corporations are grappling with a lack of power to help stop their strata blocks becoming the next victim of COVID-19.

Owners Corporation Assistance

To assist owners corporations with managing the situation (and bringing some control back) we have developed a COVID-19 by-law to assist you with the current situation.

For COVID-19 by-law assistance contact us here now, we’re happy to help.




NSW Combustible Cladding Taskforce – Who is Eligible?

The NSW Government has recently established a Cladding Taskforce known as ‘Project Remediate’.

This Taskforce will:

  • Identify residential buildings with potential combustible cladding issues
  • Address the use of non-compliant cladding materials with local councils

As of February 2021, 185,000 building records have been audited by the Taskforce with 4,127 buildings inspected.

It is important to note that not all cladding is dangerous. Fire + Rescue NSW (FRNSW) have been engaged to assist the Taskforce in determining building risk. Those buildings considered a higher risk will be further referred to consent authorities such as their Local Council or the Department of Planning, Industry and Environment (DPIE) for further investigation.

Register your interest in ‘Project Remediate’ here.

What is ‘Project Remediate’?

‘Project Remediate’ is a 3 year program designed to help remove combustible cladding from eligible residential buildings who will receive:

  • Interest free loans over a 10 year period with loan payments commencing after the completion of work
  • Assurance and project management services offering technical, risk and practical support to owners corporations and strata managers
  • A free 2-hour course on Project Remediate (free until 30 September 2021, following a fee of $140.00 will apply). This course is designed for strata managers and committee members of affected buildings to help them explain ‘Project Remediate’ to lot owners, to enable lot owners to make informed decisions.

Who is Eligible for ‘Project Remediate’?

To be eligible for ‘Project Remediate’ support, the building must be either:

  • A residential apartment building (Class 2) located in NSW approved by the Taskforce to have a high-risk combustible cladding façade which requires remediation
  • A multi-use building which has part commercial/residential located in NSW approved by the Taskforce to have a high-risk combustible cladding façade which requires remediation

Do you need More Information on ‘Project Remediate’?

For more specific information please visit:

Do You Need Further Assistance with Combustible Cladding Issues?

Combustible cladding (and building defects) is a complex area of the law.

The team at JS Mueller & Co Lawyers has unparalleled knowledge and experience dealing with many cases in this complex area of the law.

JS Mueller & Co Lawyers published flammable cladding cases:

If you would like assistance with flammable cladding (and/or building defect) issues, please contact us now, we are here to help you.




Who is Responsible for Mould in Strata Living?

As winter fast approaches lot owners and tenants ‘cosy up’ their apartment environments with heat creating condensation (moisture) and reduced ventilation – a damp environment that mould loves to thrive in.

Rain during the winter months can also contribute to the increased mould growth in strata buildings and may cause dangerous health issues for owners and tenants as they’re more likely to stay indoors.

Who is responsible for mould in a strata property?

It depends on the location of the mould, and what initially caused the mould to develop. Sounds simple, but the challenge is to work out who organises and pays for the problem to be fixed.

In this article we look at:

  1. What is mould?
  2. What are the harmful effects mould can have on your health?
  3. What are the causes of mould in strata living?
  4. Who pays for the mould to be fixed in strata living?

1. What is mould?

Mould is a type of fungi that produces tiny spores which settle on indoor and outdoor surfaces. When the mould spores land on a damp or wet spot, they need a certain temperature to thrive and survive, they then begin to grow and digest the surface where they’ve landed.

Mould can destroy building materials, furnishings and cause serious health problems to people.

2. Is Mould Harmful to your Health?

Airborne mould spores are commonly found in both indoor and outdoor environments and have the potential to cause health problems as they can easily be inhaled.

Inhaling mould spores can have harmful effects on health in children and the elderly, asthmatics, and people with compromised immune systems. It can cause throat, eye and nose irritations, breathing problems and allergic reactions. Some mould can even have more serious health effects and cause chronic, obstructive, or allergic lung diseases.

Mould can also destroy clothing and household items such as mattresses and other furniture which can also cause health issues.

3. What are the Causes of Mould in Strata Apartments?

In strata apartments, mould typically grows indoor in wet or moist areas lacking adequate ventilation, including walls, wallpaper, ceilings, bathroom tiles, carpets (especially with jute backing) and insulation material such as cardboard and wood.

Some common mould problems in strata apartments include:

  • Lack of adequate waterproofing allowing water to leak inside an apartment
  • Burst pipes or water leaks coming from an apartment above
  • Condensation in winter on walls/windows from temperature differences between heated interiors and cold exteriors
  • High levels of humidity in summer and temperature differences of cold interiors and heated exteriors
  • Condensation from hot showers causing mould on bathroom walls and ceilings, especially if there is no exhaust fan and/or ventilation
  • Windows closed all day with lack of adequate air flow
  • Strata blocks that are in shade all day and receive no or little sun

4. Who is Responsible for Mould in Strata?

 
Property Managers and Landlords

In a rental apartment situation, the  landlord is normally responsible for fixing the mould problem as the landlord is responsible for ensuring their tenant a healthy, mould-free environment.

However, if the landlord can show the mould is the result of the tenant’s inactions such as not using exhaust fans or not opening windows/doors for airflow, the tenant may be liable to compensate the landlord for damage.

Strata Managers and Owners Corporations

In strata title properties the person responsible will depend on where the mould is located and what is causing it, which can sometimes be challenging.

Generally, the apartment owner is responsible for removing the mould inside the apartment. However, if there is a defect in the common property that is the cause of the mould, such as a leaking common property pipe, the owners corporation would be responsible for fixing that defect.

Common Property
Common property boundaries of an apartment are generally defined by the floor surface and boundary walls. If mould is located outside of these boundaries the owners corporation is responsible for repairs and mould remediation costs. If the cause of the mould is within these boundaries the lot owner is responsible for repairs and costs.

Strata mould problems are often challenging to solve. In these more challenging cases it is often a good idea to engage with a strata lawyer to help resolve the issue,  and to work out who is responsible for fixing the problem, especially if it involves health issues.


Adrian Mueller Partner JS Mueller & Co Lawyers specialising in Strata Law

Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

Contact Us

For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist.




Gone are the Days of Smoking Freely!

‘Smoke Drift’ in Strata Blocks

In Australia, most apartment blocks, old or new have banned smoking in common areas such as hallways, common living spaces, outdoor communal areas and more.

In some states, strata committees have completely banned smoking in all areas of apartments by introducing smoke free by-laws.

And… fast becoming a reality in strata living is a total ban with smoke free apartment blocks.

In recent times second hand smoke has become a major health concern in Strata blocks with organisations such as the Cancer Council getting behind the move.

With this fight against smoke drift and new precedents being set landlords, owners corporations and strata managers need to carefully consider what kind of smoking by-laws will be implemented in their strata blocks. Here we outline three options:

1. Unrestricted Smoking By-law

Many older strata blocks may have unrestricted smoking as a default by-law unaware that they are leaving themselves in a vulnerable position. They should consider reviewing their by-laws to keep up with the latest health concerns and legalities.

2. Limited Smoking By-law

A ‘middle ground’ by-law may limit lot owners and tenants to only smoking within their apartment but not in common areas. However, there have been a number of cases where fines of up to $11,000 have been issued due to second hand smoke creating health issues.

3. Complete Smoking Ban By-law

Only some states currently allow a complete smoking ban. A complete ban includes all areas of apartment blocks, including individual apartments, balconies and common areas.

Ensure Your ‘Smoke Drift’ By-laws are Up to Date

If smoking is a problem in a strata building, the owners corporation should make a by-law prohibiting smoking. This type of by-law is simple to prepare and enforce. Orders can be obtained to stop residents smoking and put an end to second hand smoke drift. It’s also important to note that smoke drift can also be caused by BBQ’s.

Support for smoke-free multiunit living is high particularly among people living with children. It is only a matter of time before most strata buildings go smoke free.


DO YOU NEED YOUR ‘SMOKE DRIFT’ BY-LAW CHECKED?

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.