Where do we now stand when it comes to strata living and pet by-laws?

Pet ownership in strata is a contentious issue, especially in strata schemes where a majority of owners do not support the keeping of pets.

But can the majority of owners decide to make a by-law banning pets?

NCAT has recently weighed in on the debate and provided clear guidance on the validity of “no pets” by-laws.

In this paper we discuss:

• Ownership of Pets in Strata Living
• NCAT’s Decisions
• Harsh, Oppressive or Unconscionable By-laws
• What Does it all Mean – the Broader Implications

Strata living and pet by-laws –  Where do we Now Stand?

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

Land Registry Services new processes.

Restrictions imposed in response to COVID-19 have made it difficult to prepare, sign and witness paper land dealings. All of these land dealings involve a combination of steps, including:

1. Verification of Identity
2. Establishing the Right to Deal
3. Signing, Witnessing and Formal Certification

In order to maintain business as usual and complete these steps for paper dealings during the current COVID-19 environment, LRS have implemented new processes commencing this week from April 27, 2020.

Land Registry Services new processes: What are the new LRS options imposed during COVID-19 restrictions? 

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

On 10 April 2020, new strata laws concerning short term rental accommodation arrangements commenced.

These laws give an owners corporation power to make a by-law prohibiting short term accommodation in certain circumstances.

But there are two major problems with the new laws that limit their effectiveness.

In this article we take a look at the new laws and those problems addressing:

• New Strata Laws Concerning Short Term Accommodation
• Background to the New Short Term Rental Strata Laws
• Problem One – Principal Place of Residence Exemption
• Problem Two – Unlawful STRA Arrangement Exemption

So, what are the problems the New Strata Laws for Short Term Accommodation have created?

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

Need a Short Term Rental Accommodation By-law?

Recent articles published in the press about misinformation of COVID-19 strata laws have stated that short term accommodation arrangements through Airbnb have been banned.

There has also been conflicting information published about whether COVID-19 lockdown laws require an owners corporation to close its recreational facilities such as a swimming pool and gym.

In this short article we answer your questions about those issues and clarify the uncertainty surrounding the Misinformation about COVID19 Strata Laws – Clarified.

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

COVID-19 Risk in Apartment Buildings

 
 Read on for more details or to purchase your by-law click the button below. 

There has been recent talk in the media about the risk of apartment buildings becoming hot spots for Coronavirus infection.

This media attention has focussed on the fact that the recent public health orders and other laws that have been introduced to help stop the spread of Coronavirus do not apply to densely populated apartment buildings.

Apartment Buildings – Are they Cruise Ships on Land?

Indeed, there has been mention of apartment buildings turning into “cruise ships on land” unless stringent rules are put in place to regulate them to help stop the spread of Coronavirus inside them.

For that reason, there is a need for some residential strata buildings to introduce rules to help stop the spread of Coronavirus.  We have drafted a by-law that sets out those rules.  The by-law addresses:

• reporting COVID-19 infections;
• self-isolation;
• social distancing;
• parties and social gatherings;
• guests and visitors;
• changes in occupancy such as short term stay guests via Airbnb;
• use of recreational facilities;
• restrictions on access to and use of areas of common property;
• landlords’ responsibility for tenants;
• responsibility for invitees.

COVID-19 By-law – Power to Help Avoid the Spread

The by-law will prove useful for many residential strata buildings to set out basic rules that owners and tenants must follow to help avoid the spread of Coronavirus and to give owners corporations power to take steps to prevent the transmission of COVID-19 in their buildings.

In the expectation that the COVID-19 pandemic will pass, our by-law provides for the owners corporation to conduct a mandatory review of the by-law and its terms within six months to enable the by-law to be amended or be repealed at the appropriate time and for the by-law to expire at the conclusion of the COVID-19 pandemic.

A One-off COVID-19 By-law for all Your Buildings

We are offering the by-law to strata managers working in the strata management industry for a discounted price of $300.00 plus GST.  For that fee, you obtain a licence to use the by-law and introduce the by-law into as many residential buildings as you like. If you have residential buildings that may benefit from the by-law, please do not hesitate to contact us.

CLICK HERE TO PURCHASE YOUR COVID-19 BY-LAW

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

What is the impact of COVID-19 on remedial works contracts?

Does the COVID-19 Pandemic entitle an owners corporation to cancel or delay a contract for remedial work to common property?

What if an owners corporation allows work to proceed? Could it be liable if a resident contracts the COVID-19 virus from a contractor performing that work?

In this article we discuss the impact of COVID-19 on remedial works contracts and answers to these questions:

• Can an owners corporation cancel or delay a remedial works contract due to COVID-19?
• Has a remedial works contract become frustrated due to COVID-19?
• What role does a force majeure clause have to play?
• Is an owners corporation liable if a resident contracts COVID-19 from a contractor?

Our article Remedial Works Contracts and COVID-19 Pandemic will answer these questions and more.

Owners corporations and strata managers should monitor Government announcements and, where necessary, obtain legal advice about whether or not contracts they have entered have become frustrated or are able to be cancelled or delayed due to any change in circumstances or the law.

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

On 22 March 2020, the Australian Government announced a further economic response to the Coronavirus that will effect levy recoveries.

That response includes changes to personal and corporate insolvency laws which will have a dramatic impact on the way overdue strata levies are recovered.

In this paper we provide we explain:

• A Snapshot of the Changes to Levy Recovery Practice
• An Overview of those Changes
• Details of the Ramifications of the Changes
• Information about Payment Plans
• Information about Template Payment Plan Documents

After reading this paper Levy Recovery Practice Changes Due to Coronavirus if you would like a copy of our ‘template payment plan documents’ and/or would like assistance with managing your levy recovery payment plans please email jsmmarketing@muellers.com.au

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

The Coronavirus has presented new and fundamentally different challenges to strata managers and owners corporations.

The most dramatic and short-term impact of Coronavirus on the strata industry is the affect it has had on the ability of strata managers to engage in face to face meetings with strata committees and lot owners and work from their office.

But there are other impacts the Coronavirus has had and will be likely to have on the strata industry. 

In this article we take a look at some of those impacts:

• General Meetings
• Strata Committee Meetings
• By-laws
• Health and Safety
• Service Contracts
• Public Relations
• And more…

What can you do? Strata Managers and the Coronavirus: Here’s What You Can Do

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

We value your business, but even more importantly, your health and wellbeing.

For that reason, and in an effort to prevent spreading the Coronavirus (COVID-19), we have decided to postpone our upcoming Strata Managers’ Forum ‘Strata 2020 and Beyond’.

The event which was due to be held on Monday 23 March 2020 will be rescheduled at an appropriate time in the future.

All amounts paid for tickets for the event will be refunded.

The Coronavirus has presented new and fundamentally different challenges to strata managers and owners corporations and these will be the subject of a newsletter we will send you shortly.

Thank you for your understanding in these challenging times.

Adrian Mueller I Partner I JS Mueller & Co Lawyers

If you have any questions regarding the Forum you may contact our office.

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

The marvels of modern technology: Consolidated Strata By-Laws will soon be ready for electronic registration.

The Office of the Registrar-General has updated its guidelines on the dealings that will be able to be lodged for registration electronically.

The updated guidelines reveal that by the end of April 2020 it is anticipated that Consolidation/Change of By-Laws and Change of Address of Owners Corporation forms will be able to be lodged for registration electronically.

These dealings will only be able to be lodged electronically through an Electronic Lodgement Network Operator (ELNO).

Our firm has arrangements with an ELNO which will enable us to lodge Consolidated Sets of Strata By-Laws and Change of Address of Owners Corporation forms electronically with NSW Land Registry Services from the end of April onwards.

The Registrar-General’s updated guidelines indicate that it is expected that all strata dealings will be able to be lodged for registration electronically by the end of 2020.

The ability to register these documents electronically will streamline and speed up the registration process and is a welcome development.

If you want to know more about our by-law registration services, please do not hesitate to get in touch with us.

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