Late last Friday the NSW Government released consultation drafts of the Strata Schemes Management Regulation 2016 and Strata Schemes Development Regulation 2016, with their accompanying Regulatory Impact Statements (RIS).

To read the new proposed draft regulation please click below:

1. Consultation draft – Strata Schemes Management Regulation 2016
2. RIS – Strata Schemes Development Regulation 2016
3. RIS – Strata Schemes Management Regulation 2016

To read the current legislation please click below:

1. Strata Schemes Management Act 1996
2. Strata Schemes Management Regulation 2010

If you have any comments after you’ve read through the regulations, please send them directly to SCA’s General Manager, Rachel Lynn (rachel.lynn@stratacommunity.org.au) by Monday 11 May 2016.

Rachel will ensure a response is sent to meet the Government deadline of 27 May 2016.

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

The NSW Supreme Court recently found a Local Council which acted as the certifier of a house, liable to the homeowner for structural defects.

This case offers hope to owners corporations whose buildings are affected by building defects.

To read the full article – Building Defects Certifier Liable

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

Bruce Bentley, Partner JS Mueller & Co presented recently at a Legalwise Seminar ‘Review of Strata Title Reforms’.

To view a copy of Bruce’s paper please click the link below.

Strata Renewal Reforms

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

Did you know that if your strata scheme has building defects your rights to compensation are subject to strict legal time limits?

If your building is less than 7 years old we can help you navigate through the maze of defect, warranty and insurance claims.

We can provide you with comprehensive advice setting out all of your options for getting the defects fixed or recovering the cost of repairs. We can advise you:

• Who to claim from?
• How to go about it?
• The time limits within which you must act

Miss the time limits – lose your rights!

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

According to a recent survey, 85% of new strata buildings suffer from building defects.

Sometimes the builder responsible for the defects wants to return to repair them.

But do you have to allow the builder back particularly if you don’t want to?

To view the full article click here – Building Defects and Your Builder

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.

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.