6 Weeks to Get Ready for the Festive Season?

The approaching holiday period, combined with the major NSW Strata Law Reforms of 2025, creates a critical legal risk for owners corporations, strata schemes facing dual challenges:

• Critical legal compliance following major 2025 NSW Law Reforms—existing by-laws inconsistent with the new legislation are automatically invalid and unenforceable.
• Seasonal friction due to increased use of shared facilities.

A proactive by-law review is the best gift you can give your owners corporation and residents now.

Critical Legal Compliance: By-Laws Invalidated by 2025 Reforms

The deadline has passed. If your by-laws have not been reviewed, they are likely non-compliant in these high-risk areas:

Essential Holiday By-Law Tune-Up Checklist

The increased use of common property and visitor traffic over the Christmas and New Year period requires clear, enforceable rules to manage seasonal friction.

1. Noise & Social Gatherings (The Festive Friction)

The most common holiday complaint. Your by-law must be specific and enforceable under the general Nuisance By-law (Section 153 of the Act).

• Action: Implement or strengthen a specific Noise By-law that clearly defines ‘quiet hours’ on Christmas Eve, Christmas Day, New Year’s Eve, and New Year’s Day, which may differ from standard days.
• Focus: Ensure rules specify that noise is not audible in a habitable room of a neighbouring lot after 10:00 PM (general guideline) and establish a clear reporting/enforcement pathway for the Strata Manager or Committee.

2. E-Devices: E-Bikes & Scooters

The lithium-ion battery fire risk is a major regulatory focus. With new holiday gifts and visitors, the risk escalates.

• Action: Implement or strengthen by-laws specifically regulating the charging and storage of Personal Mobility Devices (PMDs) on common property and within lots to mitigate catastrophic fire risk.
• Focus: Ensure rules mandate using supplied/certified chargers and prohibit charging damaged or swelling batteries and correct storage in common area cages or hallways.

3. Short-Term Letting (STRA) Compliance (Visitor Overload)

Holiday letting is at its peak, increasing security and compliance risks.

• Action: Review your STRA By-law. Remind all residents that STRA guests must adhere to all other scheme by-laws (noise, parking, common area use).
• Focus: The owners corporation can ban non-principal residence letting but must be ready to issue “Notices to Comply” immediately to lot owners for guest breaches.

4. Parking Management & Enforcement (Visitor Overload)

Increased visitors mean high pressure on shared parking and fire safety access.

• Action: Verify your parking by-laws clearly distinguish between resident, visitor, and emergency vehicle spaces.
• Enforcement Note: Owners corporations cannot issue fines directly. Consider formalising a Council Parking Agreement before the season begins so rangers can issue enforceable fines for illegal parking.

5. Classic Summer Hotspots (Don’t Get Burned)

Ensure these perennial summer issues have clear, enforceable rules to manage common property use:

• BBQs: Regulate or prohibit on balconies (smoke/fire safety); specify rules for LPG storage and cleanliness requirements for common area BBQs.
• Pools: Enforce essential safety rules: No running, no diving in shallow areas, and no glass containers near the water.
• Gyms: Set clear operating hours and rules regarding equipment cleanliness to manage high-use periods.

Ensure a Stress-Free and Compliant Festive Season

NSW strata law is constantly evolving. An outdated by-law is not just inconvenient—it can be invalid or unenforceable, exposing the owners corporation to liability when you need protection most.

JS Mueller & Co Strata Lawyers has over 45 years of specialist strata experience drafting legally robust, clear, and enforceable by-laws.

For your urgent by-law review, contact us here now.

ENSURE A STRESS-FREE & COMPLIANT FESTIVE SEASON: REQUEST A BY-LAW REVIEW NOW

Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

Contact Us

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

A lot owner has an apartment in a strata scheme with shared facilities with a pool, sauna and gym however the owner does not live in that strata scheme because they have rented their apartment out – can they still use the pool, sauna and gym, deemed as shared facilities?

The answer may not be that straight forward and raises many questions:

• They have rented out their apartment, but the lot owner still pays the levies so wouldn’t they be entitled to use the shared facilities?
• Even though the lot owner still pays the levies have they signed their rights over to the tenants for use of the shared facilities once they lease the property?
• Can the lot owner prohibit their tenants from using the apartment facilities thereby by doing so, the owner can have complete access to the facilities as after all they pay the levies?
• Perhaps the lot owner can still use the facilities, unless there is a specific by-law which prohibits them from using the shared facilities?

The answer is typically this:

• When an owner leases their lot, they also lease their interests in the common property to their tenant.
• This means the owner forfeits his or her right to use the common property facilities such as the pool, sauna and gym.
• In some cases a shrewd owner might change the lease to reserve to the owner the right to continue to use the common property facilities.
• It is unlikely this would be legally effective because an owner’s interest in the common property cannot be dealt with separately from, or severed from, his or her interest in their lot.
• However, an astute owner could decide not to lease out part of the lot such as storage room or one of two car spaces. In doing so, the owner could retain his or her interest in the common property and the right to use the common property facilities.

Do you need to review your by-laws?

In some cases it can be very useful to put in place a by-law that makes these rules clear to ensure that common property facilities are not overused.

NEED TO UPDATE YOUR COMMON PROPERTY FACILITIES BY-LAW?

Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

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

Is your owners corporation likely to be subject to claims that it is discriminating against disabled persons?

A recent decision of the Administrative and Equal Opportunity Division of NCAT has determined that an owners corporation “provides services” to owners and occupiers within a strata scheme. As a result, owners corporations are potentially subject to the provisions of the Anti Discrimination Act 1977, in relation to the way that owners corporations manage and control common property and the finances of the strata scheme.

This raises the prospect that owners corporations may face increasing burdens to manage common property with the needs of disabled persons in mind.

Potential Implications for Discrimination in Strata Schemes

Potentially, this decision widens the possibility that claims under the Anti Discrimination Act can be brought against owners corporations for issues such as:

• providing alternatives to stairs
• installation of lifts
• installation of other lifting mechanisms
• broadening of doorways to enable wheelchair access
• providing non-slip devices
• providing access ramps
• accessibility of garbage facilities
• accessibility of recreational facilities

Owners corporations would be well advised to take great care, and even to seek advice, when issues of discrimination are raised by lot owners and residents .

Read the full article here: Owners Corporation and Discrimination Legislation.

For all 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.