Common Property and Water Leaks

NSW has received a significant amount of rainfall over the last 18 months which has led to an increase in the number of claims made by lot owners against owners corporations in regards to common property and water leaks.

These claims can be challenging and difficult for an owners corporation to defend but a recent decision by the NSW Court of Appeal provides a glimmer of hope.

Here we share the case… A Glimmer of Hope for Owners Corporations

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.

Under a plan by the City of Sydney  all new apartment blocks will need to provide EV chargers and existing apartment blocks will need to retrofit EV chargers as the Council pushes to drive the uptake of EV’s and drive net zero emissions by 2035.

Retro Fitting EV Chargers

Many older apartment blocks are struggling with the concept of installing EV chargers, a major hurdle for the following reasons:

• The significant costs
• Navigating the current building infrastructure
• Questions about who pays for the new infrastructure?
• Uncertainty over who pays for the electricity used?
• Questions about how the EV owner is charged for electricity used and whether a by-law can introduce a user pays system for electricity costs
• Lack of information about EV charger installation
• Convincing lot owners who don’t own an EV (and may never) to contribute to the cost of installing EV charging infrastructure

The NSW Government’s promise in the upcoming elections to install 30,000 public charging stations across NSW is a positive move in the right direction.

However, in Europe more than 80% and in North America 70% of EV vehicles are charged in homes overnight.

So, perhaps the Government needs to further develop ways to assist with the uptake of retrofitting EV chargers in existing apartment blocks to ensure the City of Sydney (and other areas) reach their target of zero emissions by 2035.

In that regard, the NSW Treasurer recently announced that if the NSW Government is re-elected at the upcoming election, changes will be made to strata laws in NSW to make it easier to install EV Chargers in apartment buildings. The jury is still out on that announcement but it would be a step in the right direction.

For more information refer to these media articles:

• This is evolving quickly City of Sydney accelerates switch to electric vehicles.pdf
• Sydney council pledges to plug in to electric car trend
• 30,000 EV chargers across NSW by 2026

Do You Need an Electric Vehicle (EV) By-law?

Our specialist team of strata lawyers has drafted many by-laws permitting owners to install electric vehicle chargers in strata buildings. Our EV by-law considers and covers all essentials including these key issues:

• Who’s responsible for paying the cost of electricity used to charge electric vehicles
• Any necessary upgrades to the electricity infrastructure in the building
• Overloading the existing electrical infrastructure

DO YOU NEED ASSISTANCE WITH AN ELECTRIC VEHICLE BY-LAW?

Can a by-law prohibit the cooking of food including toasting bread in a lot?

In short, the answer is “no” according to NCAT.  However, there is a silver lining in NCAT’s ruling.

The Background

There is a large residential strata building located in Newcastle, New South Wales.  The building contains 87 residential lots.  The building was previously an aged care facility.

The building contains a commercial kitchen for shared use by the building’s occupants.  Some of the lot’s also contain a kitchenette, other smaller lot’s do not and rely on the shared kitchen.

The By-law

The buildings cooking by-law prohibited the cooking of food in any lot without kitchen facilities. However, a lot owner objected to the by-law and applied to NCAT for an order to invalidate the by-law.

Here we share the case and outcome… NCAT Invalidates No Cooking By-law

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.

Could puffing on a cigarette or throwing a snag on the barbie be under threat after a significant decision by the NSW Court?

In short, a couple who owned an apartment in Kingscliff, Northern Rivers NSW took their neighbours to the NSW Civil and Administrative Tribunal (NCAT) for smoking on their balcony.

The couple accused their neighbours of smoking on the balcony causing smoke drift which leaked through to  the couples’ apartment air vents and their doors and windows, despite them being closed.

NCAT ruled in the couple’s favour stating that the neighbours (or any guests) were no longer permitted to smoke on their balcony.

Could this landmark ruling set a precedent for future smoke drift cases and perhaps result in a statewide ban for smoking on balconies in NSW and… could the good old ‘Aussie BBQ’ also be under threat?

Do you need a ‘smoke drift’ by-law or is it time to review your ‘smoke drift’ by-law?

The full media article can be read her

DO YOU NEED A ‘SMOKE DRIFT’ BY-LAW OR A REVIEW?

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.

Under new proposed pet laws renters may soon be allowed to own pets without needing approval from landlords.

The current laws state that:

• In NSW it is up to the discretion of the landlord whether they wish to accept a potential tenant with a pet
• The only exception for landlords in NSW is that they cannot refuse assistance animals
• In other states and territories across Australia, such as the ACT, landlords are required to go to the tribunal to obtain approval for any pet refusals

These potential changes will bring NSW laws in line with other laws across Australia and provide potential tenants with pets a greater choice, restricting landlords to deny pet owners.

With these impending changes it is important to ensure your pets by-laws are up to date and take into account the recent changes to both strata and residential tenancy laws regarding pets.

IS IT TIME TO UPDATE YOUR PETS BY-LAW?

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.

From October 2023, a new federal policy will come into place for electric vehicles (EV’s) relating to EV charging in apartment blocks.

The new policy states that it is mandatory for all apartment buildings to be built allowing for EV charging infrastructure.

But… what about existing older strata buildings and the growing demand for EV’s and EV charging facilities?

Electric Vehicle Chargers in Older Strata Blocks

Is there a risk for older apartment buildings and their market value if they don’t find a solution for installing the necessary EV charging infrastructure, particularly as these new rules come into place?

Perhaps, just as strata committees have adjusted to retrofitting solar, they must now adjust to retrofitting EV charging solutions for tenants and lot owners.

The NSW Government has developed this guide to assist with getting your building ‘EV ready’.

Do you Need an Electric Vehicle (EV) By-law?

Our specialist team of strata lawyers have drafted many by-laws permitting owners to install electric vehicle chargers in strata buildings. Our EV by-law considers and covers all essentials including these key issues:

• Who’s responsible for paying the cost of electricity used to charge electric vehicles
• Any necessary upgrades to the electricity infrastructure in the building

DO YOU NEED AN ELECTRIC VEHICLE BY-LAW?

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.

Recent heavy rainfall in Sydney has led to an increase in compensation claims by lot owners against owners corporations due to water leakage and consequential damage.

Often, those claims are for loss of rent.

These types of claims are usually difficult for an owners corporation to defend because it has a strict duty to properly maintain and keep in good repair the common property.

However, in a recent case, the Supreme Court rejected a compensation claim by an owner for loss of rent, providing a glimmer of hope for owners corporations.

Here we share the case and outcome Supreme Court Rejects Owners Claims for Damages

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.

The NSW government deadline for annual reporting for strata schemes must be completed by 31 December 2022. This also includes 2-lot schemes.

Here we share the following:

• What do your strata schemes need to do?
• Who can access the information and privacy?
• Why is it mandatory for your strata schemes to complete reporting?

For specific information visit NSW Government strata schemes online Annual Reporting

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.

The NSW Government has announced a win for strata managers and owners corporations who have buildings under 6 years old.

You now have an avenue to pursue the rectification of any common property for major building defects, subject to eligibility.

Here we share the following:

• Key information
• What is Project Intervene?
• Who is Eligible?
• What is classified as common property?
• What is a serious defect?
• How do I register for ‘Project Intervene’?
• Related information

For specific information visit NSW Government ‘Project Intervene‘

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.

A recent hot topic has been the width of the powers given to NCAT to resolve strata disputes.

In particular, can NCAT resolve any strata dispute or just some disputes?

This interesting issue was considered in a recent decision of the Appeal Panel of NCAT.

The Strata Schemes Management Act 2015 gives NCAT power to make orders to settle complaints or disputes about the operation, administration or management of strata schemes or the exercise of functions of an owners corporation.  But the width of that power is not entirely clear.

For example, does the power allow NCAT to make an order to resolve any strata dispute?

Here we share a recent case outcome Can NCAT Resolve Any Strata Dispute or Just Some Disputes?

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.