Strata NSW Covid-19 Laws Extended

To help strata and community associations to continue to manage their responsibilities of COVID-19 the NSW Government has extended the timeline for these laws to remain in place.

Laws were previously added to the Strata Schemes Management Regulation 2016 and the Community Land Management Regulation 2021 in response to the NSW COVID-19 outbreak.

These laws included allowing voting at remote meetings to be held electronically by tele or video conferencing, email or other electronic means. It is important to note that these laws will still apply even if a motion has not been passed.

New COVID-19 Strata Law Deadlines

Initially these temporary laws were to end on 31 May 2022 however they will now remain in place until 30 September 2022.

For further information visit: Strata Schemes Management Amendment (COVID-19) Regulation 2022 and the Community Land Management Amendment (COVID-19) Regulation 2022.

Contact Us

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

Did you know that a new Bill Is currently before the NSW Parliament to permanently implement COVID-19 measures for the strata industry?

In the last 24 months, temporary reforms were made to the Strata Schemes Management Act 2015 and the Community Land Management Act 2021 in response to the COVID-19 pandemic.

The COVID-19 and Other Legislation Amendment (Regulatory Reforms) Bill 2022 proposes to make those reforms permanent.

The reforms include:

The New Reforms

The reforms include allowing:

• • strata owners corporations, strata committees and community associations, to meet and vote electronically without passing a resolution to do so;
  • owners corporations and community associations to validly execute documents by affixing the common seal electronically or by not affixing the seal at all; and
  • service of a document on an owner or occupier of a lot to be by email to an address nominated by the owner or occupier for the service of documents.

More Information 

Source: Explanatory note for the COVID-19 and Other Legislation Amendment (Regulatory Reforms) Bill 2022, accessed 17 February 2022.

Contact Us

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

Follow Us

Linkedin


Twitter


Envelope

As announced by the NSW Government, from Saturday 31 July 2021 owners corporations and individual lot owners may commence renovations, repair and maintenance works subject to the following requirements.

Renovations

Renovations of homes where people are living can resume in Greater Sydney, including the Blue Mountains, Wollongong, Central Coast, and Shellharbour local government areas.

The restrictions that apply to repairs, maintenance and cleaning services will also change in Greater Sydney, including the Blue Mountains, Wollongong, Central Coast, and Shellharbour local government areas.

Exemptions to these new rules include local government areas of Blacktown, Campbelltown, Canterbury-Bankstown, Cumberland, Fairfield, Georges River, Liverpool and Parramatta.

In the local government areas where renovations, repairs and maintenance are permitted:

• In an outdoor area, no more than five (5) persons can undertake work at the same time
• In an indoor area, no more than two (2) persons can undertake work at the same time
• If work is occurring in an indoor area on the premises, and other persons (such as members of the household) are present at the premises, the other persons must stay in a separate indoor area of the premises from the persons undertaking the work at all times

Repairs, Maintenance and Cleaning

Any repairs, maintenance or cleaning that can be delayed should be rearranged. However, there are certain circumstances where repairs, maintenance or cleaning services are allowed, in line with the above rules and local government area restrictions, including if it is:

• Urgent to ensure the health, safety, or security of the premises or household
• an emergency
• For the installation, maintenance and repairs of essential utilities, including a water, gas, electricity, internet, television or telecommunications service
• For fire protection and safety
• Necessary to prepare an unoccupied place of residence for sale or lease

Recommendations

It is recommended that:

1. Tradesmen and contractors enter the building on a contactless basis and wear face masks at all times
2. All residents be notified when tradesmen and contractors will be in the building, and specifically on each floor
3. Where possible, tradesmen and contractors should use the fire escape stairs
4. Tradesmen and contractors provide proof that they do not reside in the local government areas of Blacktown, Campbelltown, Canterbury-Bankstown, Cumberland, Fairfield, Georges River, Liverpool and Parramatta;
5. Social distancing of 1.5m is adhered to at all times (as a minimum)
6. NSW Health guidelines are followed at all times
7. Tradesmen and contractors not enter a lift or common areas with residents of the building
8. Only essential work is undertaken, or work to a vacant/uninhabited unit being prepared for the sale or lease of the unit. All other work is to be delayed/deferred until guidelines change
9. A maximum of 2 contractors is permitted within a lot at any given time (please note that the Strata Communications Association – SCA – is seeking clarification on this matter for strata schemes – whether it is 2 per lot and not 2 per building)
10. A maximum of five (5) tradesmen or contractors work on the exterior of the building at any given time
11. Individual lot owners meet their tradesmen and contractors outside of the building and ensure compliance with all requirements

It is also recommended if renovations and/or repairs are being carried out that;

• Building management is advised with identification of the contractors onsite provided
• Building management also provide information to residents of any works being carried out in the building
• Building management confirm that any contractors entering the building are not from the restricted local government areas

For more information refer to the NSW Government here.

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.

Government moves to help strata industry with further COVID-19 strata laws.

On 14 May 2020, new laws made by the NSW Parliament as a result of the COVID-19 pandemic commenced.  Those laws amended the Strata Schemes Management Act 2015 and the Community Land Management Act 1989 to enable new regulations to be created to deal with the impact of the COVID-19 Pandemic on the strata industry.

Electronic Voting and Meeting Notices

This means there will be power for new regulations to be released that will, for example, allow:

• Notices of meetings of a strata committee, owners corporation or community association to be served electronically even where there is presently no right to do so;
• Votes to be cast at meetings of a strata committee, owners corporation or community association electronically even if electronic voting has not been approved;
• The seal of an owners corporation or community association to be affixed to documents, and the witnessing of the affixing of the seal to be conducted, remotely;
• An extension of a time period in which a thing is required to be done under strata or community title laws.

The new regulations will be able to override a provision in the Strata Schemes Management Act or Community Land Management Act.  The new regulations have not yet been released.  It is expected that the regulations, once released, will remain in force for up to six months.

Electronic Signed and Sealed Documents

The regulations will provide a welcome relief to many strata managers, owners corporations and community associations.  Importantly, the regulations should allow meetings to be convened and held by electronic means and allow documents to be signed and sealed remotely.

The new regulations will enable strata committees, owners corporations and community associations to make legally enforceable decisions and continue to manage their affairs during the COVID-19 pandemic.

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

Although our pets aren’t getting sick, COVID-19 is changing the lives of pets especially for dogs living in apartments.

There’s lots of discussion regarding pets as more people work from home. Dogs in isolation not going for their regular walks, exhibiting destructive and anxious behaviour, increased barking or difficulty settling. Then there are the complaints from all the non pet owners.

So can pet’s be banned from living in strata?

In at least two cases late last year, NCAT decided that “no pets” by-laws were invalid.

So, are pets by-laws banning the keeping of pets no longer worth the paper they are written on?

Given its importance to many strata buildings across the State where does this leave “no pets” buildings?

What about the basic habitation rights of owners who want to live in a “pet free” building?

Where does this leave “no pets” buildings?  Pet By-laws – Is it the End of No Pets By-laws?

Need a pet by-law or some advice during COVID-19 contact us now!

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

With overdue strata levies on the rise due to the COVID-19 situation many strata schemes will soon find out how many of their owners are struggling to meet their levy commitments.

Also, recent Government announcements to personal and corporate insolvency laws will have a dramatic impact on the way overdue strata levies are recovered.

In this paper we provide:

• 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 for Overdue Levies
• 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.

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.