SMH Talks ‘Flaws in the New Strata Laws’ with Muellers

Sydney Morning Herald (SMH), Domain talks with Adrian Mueller, partner, JS Mueller & Co Strata Lawyers about gaping loopholes in the new strata laws.

Read the full Sydney Morning Herald (SMH) article here.

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




NCAT Confirms that it Cannot Impose Penalties

In a recent decision, NCAT has confirmed that it does not have power to impose monetary penalties on persons who breach orders made by NCAT.

This decision highlights an important flaw in the new strata legislation which needs to be fixed.

Read on to find out more – NCAT Strata Disputes Floors and By-laws.docx

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




NCAT Orders Owners Corporation to Pay Out!

In a landmark ruling, NCAT has ordered an owners corporation to pay compensation to an owner for water damage to the owner’s unit caused by defects in the common property.

This ruling indicates that NCAT is able to resolve strata disputes by making compensation orders.

But has NCAT got it wrong? Read on to find out: NCAT Orders Owners Corporation to Pay Compensation

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




Disabled Residents – Do You Need to Provide Access?

Can an owners corporation be forced to make modifications for disabled residents in its strata scheme?

Does it depend on the specific circumstances of each strata scheme?

Read on to find out: Strata Disabled Access

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




Repair and Maintenance of Unauthorised Works

We all know an owners corporation must maintain and repair common property in its strata scheme.

However, what happens when an owner alters the common property without the consent of the owners corporation?

Does the owners corporation have to repair that common property?

Read on and find out who is responsible for repairing that common property? Strata Unauthorised Works

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




Supreme Court Quashes NCAT Decision

An NCAT decision allowing a lot owner to keep unauthorised renovations was recently overturned by the Supreme Court.

In doing so, the Court confirmed that an owners corporation must act unreasonably before NCAT should overturn a decision of an owners corporation not to allow an owner to keep unauthorised alterations to common property.

Read on to find out why Supreme Court Quashes NCAT Decision to Allow Unauthorised Works

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




Were Statutory Warranties Breached?

In a recent case a residential apartment building in Rhodes, Sydney claimed damages against Walker Group Constructions, inferring they had breached statutory warranties.

However, after a five day hearing, the referee came to this surprising conclusion: Were Statutory Warranties Breached?

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




Is Fair Trading Wrong? Are Anti-Airbnb By-laws Valid?

Recently, NSW Fair Trading modified its well known “Strata Living” handbook to indicate that by-laws prohibiting short term lettings are invalid.

But, has Fair Trading got it wrong? Are anti-Airbnb by-laws valid?

For further details please click Short Term Letting and Fair Trading

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




You May Have Heard There’s Been a Delay!

The NSW Government recently announced the delay of the strata building bond and inspection scheme.

Originally announced to start 1 July 2017 the commencement date has now been revised to 1 January 2018.

The delay is to allow for issues arising from the consultation phase to be addressed.

Please refer to the Building Defect Bond Scheme for further information.

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




Are House Rules Binding? This will Surprise You!

 House rules are not binding right?  You might be surprised.

The rules which govern participation in a strata scheme are called by-laws.  By-laws are made by a developer on registration of a strata plan or by an owners corporation by special resolution passed at a general meeting. By-laws are registered on the title of the common property and are binding on the owners corporation and owners and occupiers of the lots.  If by-laws are breached, they are able to be enforced.

By-laws are registered on the title of the common property and are binding on the owners corporation and owners and occupiers of the lots.  If by-laws are breached, they are able to be enforced.

But…what about rules that are made by a strata committee and placed on a notice board? Strata Rules and By-laws

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