NSW Land Registry Services has announced changes to the procedure for by-law registrations which will impact strata managers. Here is an overview of the changes:

1. What are the changes to by-law registrations?

• All paper certificates of title will be cancelled
• Strata managers will no longer be able to register by-laws themselves
• All by-law registrations will need to be done through PEXA

 2. When will this take effect?

• On the 11th October 2021

3. How can we help you?

• JS Mueller & Co Lawyers is PEXA registered and approved to lodge electronic by-laws
• We were one of the first firms to register by-laws electronically
• We have over 18 months experience completing by-law registrations electronically
• We make the electronic by-law registration process easy!

If you would like assistance registering your by-laws electronically – click here.

For more information about electronic registration of by-laws visit ORG.

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

Are Apartment Blocks the new COVID-19 Super-spreaders?

Just like cruise ships strata buildings have the capacity to be super-spreaders of COVID-19.

Apartment buildings and strata blocks have many shared facilities and not all, such as lifts, can be closed during COVID-19 breakout periods.

Shared facilities such as lifts, foyers, stairwells, air-conditioning, garbage and laundry facilities all have the potential to spread COVID-19 and with the current Delta variant, that can occur very quickly, as seen with this recent lockdown of a prominent strata building in Sydney’s east!

As all of Greater Sydney deals with the lockdown and NSW Health advice stating how difficult it is to control the spread of this new very contagious strain of COVID-19, Owners Corporations are grappling with a lack of power to help stop their strata blocks becoming the next victim of COVID-19.

Owners Corporation Assistance

To assist owners corporations with managing the situation (and bringing some control back) we have developed a COVID-19 by-law to assist you with the current situation.

For COVID-19 by-law assistance contact us here now, we’re happy to help.

‘Smoke Drift’ in Strata Blocks

In Australia, most apartment blocks, old or new have banned smoking in common areas such as hallways, common living spaces, outdoor communal areas and more.

In some states, strata committees have completely banned smoking in all areas of apartments by introducing smoke free by-laws.

And… fast becoming a reality in strata living is a total ban with smoke free apartment blocks.

In recent times second hand smoke has become a major health concern in Strata blocks with organisations such as the Cancer Council getting behind the move.

With this fight against smoke drift and new precedents being set landlords, owners corporations and strata managers need to carefully consider what kind of smoking by-laws will be implemented in their strata blocks. Here we outline three options:

1. Unrestricted Smoking By-law

Many older strata blocks may have unrestricted smoking as a default by-law unaware that they are leaving themselves in a vulnerable position. They should consider reviewing their by-laws to keep up with the latest health concerns and legalities.

2. Limited Smoking By-law

A ‘middle ground’ by-law may limit lot owners and tenants to only smoking within their apartment but not in common areas. However, there have been a number of cases where fines of up to $11,000 have been issued due to second hand smoke creating health issues.

3. Complete Smoking Ban By-law

Only some states currently allow a complete smoking ban. A complete ban includes all areas of apartment blocks, including individual apartments, balconies and common areas.

Ensure Your ‘Smoke Drift’ By-laws are Up to Date

If smoking is a problem in a strata building, the owners corporation should make a by-law prohibiting smoking. This type of by-law is simple to prepare and enforce. Orders can be obtained to stop residents smoking and put an end to second hand smoke drift. It’s also important to note that smoke drift can also be caused by BBQ’s.

Support for smoke-free multiunit living is high particularly among people living with children. It is only a matter of time before most strata buildings go smoke free.

DO YOU NEED YOUR ‘SMOKE DRIFT’ BY-LAW CHECKED?

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

Is your landlord planning to do strata renovations – cosmetic, minor or major?

Did you know in NSW there are different rules that your landlords must follow for the 3 types of renovations when renovating their strata apartment?

1. Cosmetic Work

Landlords can generally do cosmetic work without approval from the owners corporation however this will depend on the types of renovation by-laws in place. Be sure to check what by-laws apply in their strata scheme as the owners corporation could have changed what is classified as cosmetic work or have a renovation by-law requiring approval to do cosmetic work.

2. Minor Renovations

If your landlord is planning to carry out minor renovations, then approval from the owners corporation is required.

Project plans, a timeline and details of all qualified trades or contractors who will carry out the minor renovations are also required to be submitted for approval. All lot owners will then vote on the project at an Annual General Meeting or Extraordinary General Meeting – the landlord will need over 50 percent in favour for the project to proceed.

3. Major Renovations

For major renovations you must obtain approval by a special resolution (a 75% majority) at a meeting of the owners corporation, and a special renovation by-law is also required to authorise the work.

Again, project plans, a timeline and details of all qualified trades or contractors who will carry out the major renovations will need to be also provided to seek approval.

Does Your Landlord Require a Renovation By-law?

We have significant expertise developing renovation by-laws for strata, company, and community living.

• We have been developing renovation by-laws for 40+ years.
• We know whether you will require a by-law for renovations for owners corporation approval.
• We guarantee within 7 days you will receive the right renovation by-law.
• We also understand that you ‘may’ need your renovation by-law urgently for an upcoming strata meeting – just let us know, we will make it happen.

GET THE RIGHT RENOVATION BY-LAW HERE!

Contact Us

Do you require a renovation by-law or any other strata or property legal advice? Contact us here now, we’re happy to help.

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It’s time for a by-law health check!

How do your by-laws stack up?

Do you rely on the model by-laws and little else?

Or do you tweak your by-laws to get the most out of them?

In this short article we explain how you can tweak some of the most common by-laws to improve them such as:

• Parking
• Pets
• Floor Coverings
• Moving In/Out
• Renovations

Most buildings rely on the model by-laws. But the model by-laws are very basic. Yet, with some tweaking, the model by-laws can be significantly improved, as the examples in this paper New Laws – Tweak Your By-laws shows.

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

Pets by-law expert, Adrian Mueller, Strata Lawyer talks pets with LookUpStrata in this recent webinar, covering the recent ‘Cooper’ case:

1. How will you respond to the recent decision of the Court of Appeal in the Cooper case which says that a by-law prohibiting pets is invalid?
2. Will you wait for the dust to settle before deciding what you will do?
3. Or will you act now and change any by-law that prohibits pets?

As well as delving into this recent case and what it means for you, Adrian has also covered Q&A’s specifically focused on the topic of pets in NSW strata buildings.

NEED A PETS BY-LAW REVIEW CLICK HERE NOW!

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

The NSW Court of Appeal has overturned a by-law banning pets in the Horizon building in Sydney.

This decision means that “no pets” by-laws are unenforceable.

This will require owners corporations with “no pets” by-laws to now rethink their approach to the keeping of pets in their buildings and likely result in the replacement of “no pets” by-laws with by-laws that restrict (but do not ban) the keeping of pets in strata buildings.

In this paper we discuss the case and ramifications of “no pets” by-laws and more… Pet Owners Rejoice

Do you need your “no pets” by-laws reviewed’? Contact us here now!

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

There have been two recent court cases involving “squatter’s rights” over parcels of land in Sydney.

In both of those cases, people have acquired ownership of parcels of land they did not own through adverse possession by exercising “squatter’s rights”.

Both of these cases raise interesting questions for strata schemes:

• What are “squatter’s rights”?
• Can “squatter’s rights” exist in a strata scheme?
• Do the rules for “squatter’s rights” make it impossible for a person to claim ownership of part of the common property in strata scheme?
• Do those rules make it difficult for an owners corporation to claim ownership of a lot even if it has been abandoned?

Abandoned houses, “dunny lanes”, car spaces, storerooms and more: here we explain this complex area of law and share some recent cases – Squatters Rights in Strata Schemes.

For all NSW strata legal advice inclusive of by-laws, building defect and levy recovery advice please contact us here or call 02 9562 1266, we’re happy to assist.

Here we share the top five most useful strata by-Laws with factsheets.

Muellers has drafted 1000’s of by-laws over the course of 40 plus years.

During that time we’ve learnt what does and doesn’t work.

So what are the five most useful by-laws and why?

Here’s our shortlist for you to download and share:

1. Cost Recovery By-Law
2. Master Renovations By-Law
3. Parking By-Law
4. Proxy By-Law
5. Repairs By-Law

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

New rules released by NSW Land Registry Services due to COVID-19 allow by-laws to be registered electronically.

We have just registered the first consolidated set of by-laws electronically.

The process is faster and more streamlined than paper lodgement and is the way of the future.

If you would like to inquire about electronic registration of by-laws, please contact us.

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