On 29 Oct 2015, the New South Wales Parliament passed the new Strata Schemes Management Bill 2015 and the Strata Schemes Development Bill 2015. These new laws will come into operation on 1 July 2016.

The new legislation contains around 90 changes to the existing laws, some of which are said to be controversial, and only time will tell what effect it will have on the strata landscape in NSW.

Minister for Innovation and Better Regulation, Victor Dominello, said in his contribution to the debate: “Today more than two million people live and work in strata. The new laws will cater for the needs of 21st century strata living,”

He further stated that: “The new laws will modernise collective decision making processes, increase protections against unresolved building defects and improve outdated regulation impacting on renovations.”

Like any Act of Parliament, there are regulations that work hand in hand with the Act. Public consultation on the draft regulations to accompany the new Acts, including model by-laws, will commence in early 2016. When that consultation begins we will provide more information about the proposed regulations.

Further information: www.fairtrading.nsw.gov.au

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

JS Mueller & Co partner and strata law expert, Adrian Mueller, shares the following case  Frankel – v – Patterson [2015] NSWSC 1307 with LookUp Strata Newsletter.

For more information read – Pet By-laws

JS Mueller & Co Partner, Bruce Bentley, comments on ‘Sunset Clawbacks’ in the Sydney Morning Herald Domain.

Top strata lawyers have called for NSW property protections to be brought into line with other Australian states after it was discovered that the owners of seven apartments in a single new block sold off the plan had been victims of “sunset clawbacks”.

Click here to read the full article – Top Lawyers Call for Changes to Sunset Clawbacks

About JS Mueller & Co

JS Mueller & Co has been servicing the strata industry across NSW for almost 40 years. We are a specialist firm of strata lawyers with in depth and unmatched experience in, and comprehensive knowledge of strata law and levy collection. We are there to assist you every step of the way.

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

JS Mueller & Co Headquarters
Level 1, 240 Princes Highway
Arncliffe Sydney Australia 2205
www.muellers.com.au

Media inquiries: Contact Julie Schoneveld on 02 9562 1266 or 0435 939 491

Some good news…

Home warranty insurance generally protects an owners corporation from being out of pocket for the cost to repair building defects where the builder has been made bankrupt.

But what happens when an owners corporation makes a home warranty insurance claim after the builder’s bankruptcy ends. Is it then too late for the owners corporation to make the insurance claim?

The answer is “no” according to a very recent decision of the NSW Supreme Court.

For further information Strata Home Warranty Insurance Rights

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

Senior Lawyer, Adrian Mueller reminisces…

“In 1980 my parents took me to the Gold Coast for a holiday. It was my first adventure in Queensland. I was 2 years old. We stayed at the (in)famous Iluka hotel.

The Iluka was built in the 1970’s. It was an iconic building – one of the Gold Coast’s first high rises. It had 72 luxury apartments and was a stone’s throw from Cavill Avenue.

It held fond memories for me and, I imagine, many families who enjoyed wonderful times together at the Iluka.

You can imagine my horror when I recently discovered that the Iluka has been demolished. Why? Because of concrete cancer.

You see the owner of the building was faced with a dilemma. Repair the concrete spalling which had been left untreated for decades at exorbitant cost or demolish the building. The owner chose to demolish.

A leading architect Professor Holden, Head of Architecture at the Griffith University in Qld, has said that high rises built in the 1970’s have an average lifespan of 40 years.

That is a sobering thought for apartment owners many of whom cannot afford special levies to repair widespread concrete spalling.

So what is the solution? For some buildings, it may simply be too late. The Iluka is a case in point.

For other buildings, the key is preventative maintenance. As unpalatable as it might be, apartment owners need to realise that spending a little to detect and treat concrete spalling at an early stage saves money in the long run.”

Adrian Mueller also acknowledges that the challenge for strata managers and other stakeholders is to convince owners to invest in proactive maintenance to protect their investment by spending a little in the short term to save big money down the track.

Says  Adrian “Convincing owners to spend now to save later is no mean feat. But it is achievable. And doing so can avoid potential disasters.

I will miss the Iluka.”

Adrian specialises in strata law and those areas of the law that particularly deal with building defects.

“An apartment is someone’s home and most valuable asset. That is something worth protecting and knowing where you stand is vital” says Adrian.

For more information on concrete cancer, visit the following websites – Concrete Cancer or Remedia Structural Repairs

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

Strata law reforms in NSW will be further delayed with changes now not due to come into place until July 2016.

The plan to reform the state’s 50-year-old strata laws was first flagged in 2011 but a series of ministerial changes have hampered the process.

For further information see – SMH and Strata Law Reforms

For NSW strata legal or levy collection advice 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 ‘Strata & Community Title Law Reform’ and Complex Group Title.’

For more information read the paper here – Strata & Community Title Law Reform and Complex Group Title

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

Short term tenancies have long posed problems for community living.  The problem most commonly arises in communities where there is a mixture of permanent residents and short term tenants.  Issues of noise, damage to common property and inappropriate behaviour are often attributed to short term tenants.  Short term tenants vary from backpackers to holidaymakers to short term workers.

Strata schemes have tried to both regulate short term tenants and prohibit short term tenancies by use of by-laws.

Effectively regulating the behaviour of short term tenants has proved difficult.  Short term tenants are exactly that, short term, and are not generally around long enough to be effectively subjected to the laborious and lengthy procedures set out in the Strata Schemes Management Act 1996 (“the Act”) for enforcement of by-laws.

Click below to download the presentation and full paper on Short Term Tenancies from our April 2015 seminar:

• JS Mueller & Co Forum Short Term Letting Paper_Apr15
• JS Mueller & Co Forum Short Term Letting Presentation_Apr15

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

How are most strata disputes resolved? What is the difference between strata mediation and strata adjudication? How long does the process take? How much does it cost?

The NSW Government wants most strata disputes to be resolved quickly, cheaply, and out of court. For this reason an entire Chapter of the Strata Schemes Management Act 1996 (“Strata Act”) outlines, in considerable detail, a process for resolving most types of strata disputes.

This process typically involves, first, strata mediation, followed by strata adjudication, and then an appeal to the NSW Civil and Administrative Tribunal.

Click below to download the presentation and full paper on Strata Adjudications and NCAT from our April 2015 seminar:

• JS Mueller & Co Forum Strata Adjudications and NCAT Paper_Apr15
• JS Mueller & Co Forum Strata Adjudications and NCAT Presentation_Apr15

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

What sort of renovations require a by-law?

Renovating an apartment, as opposed to a house requires a different set of approvals, the most obvious is the fact that you have a share in the land along with the other residents. Everything you do inside your own apartment has some effect on everyone else.

There are laws, rules and regulations governing this, known as strata title, and owners corporation so it pays to ensure that you understand what type of renovations require a by-law.

Click below to download the presentation and full paper on Renovation By-laws from our April 2015 seminar:

• Renovation By-laws_Paper Apr15
• Renovation-By-laws_Presentation_Apr15

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