On 10 June 2020, the New South Wales Government made new laws regulating the construction of apartment buildings.

Those new building defect laws commenced on 1 September 2020 and will have a significant impact on all owners corporations and the strata industry.

In this paper we discuss the new laws and how they will impact the strata industry including:

• Occupation Certificates
• Stop Work Orders
• Rectification Orders
• Delegation of Powers
• Retrospectivity

Read the full paper here: New Laws that will have a significant impact on the Strata Industry.

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

Late 2019 a major development occurred for the strata industry when the New South Wales Civil and Administrative Tribunal (NCAT) held that Biowood cladding is combustible, poses an undue risk of fire spreading and is a major building defect.

As of yesterday 4 August, 2020…

In a first for Australia, NCAT’s Appeal Panel upheld a 2019 finding by NCAT that Biowood cladding installed on the facade of a multi-storey building in Sydney is combustible and must be removed.

The owners corporation of the building was successfully represented by Mueller’s and is the first reported case where a Court or Tribunal has upheld a finding that a particular type of cladding is combustible.

The outcome of the case represents a win for owners corporations and sends another timely warning to builders and developers that use of combustible cladding is fraught with risk and carries with it substantial consequences.

The first case in Australia (and globally) the decision in this case sets a precedent A Win for Owners Corporation – Biowood Cladding Confirmed Combustible

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

The NSW Court of Appeal has handed down the most important decision concerning building defects in many years.

This decision means that builders and developers can be held liable for design defects.

This is a positive decision for owners corporations as it extends the scope of the statutory warranties concerning the quality of residential building work that is given by builders and developers to owners corporations under the home building legislation.

The case concerned defective residential building work that was undertaken to convert a warehouse complex originally built in 1928 into a mixed use strata development in Camperdown, Sydney.

So, what was the case about? Building Defects Case Important Decision

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

We all know an owners corporation must maintain and repair common property in its strata scheme.

However, what happens when an owner alters the common property without the consent of the owners corporation?

Does the owners corporation have to repair that common property?

Read on and find out who is responsible for repairing that common property? Strata Unauthorised Works

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

The Supreme Court has ordered an owners corporation suing its former lawyers to give security for the costs the lawyers will incur defending the case and has halted the case until the owners corporation does so.

In Court cases, the loser is normally ordered to pay most of the winner’s costs.  But what happens if the eventual winner is fearful that the loser will not be able to pay its costs?

Is there anything the winner can do to halt the case before it incurs substantial costs fighting the case?

This decision is a game changer.  Read on to find out why… Owners Corporation Security Costs for Building Defects

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

October 2016 the JS Mueller & Co team presented to the strata industry on the new strata laws ‘Are you Prepared for the New Strata Laws?’ This is in preparation for the new Strata Schemes Management Bill 2015 and the Strata Schemes Development Bill 2015 due to commence 30 November 2016.

The JS Mueller and Co team presented:

• James Moir: Works By-laws – How will they operate under the new laws?
• Adrian Mueller: Meetings – What are the changes under the new laws?
• Faiyaaz Shafiq: Levy Collection – Procedural changes under the new laws?
• Anna Minassian: Building Defects – What impact will the new laws have?
• Trish Smith: LevyCollect – How can it benefit you?

Please click below to view presentations and papers:

JS Mueller & Co New Strata Laws Forum Presentations_Oct16
JS Mueller & Co Forum Papers_Oct16

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

Approved and commencing on 30 November 2016 the new strata laws will come into play.

The final Strata Schemes Management Regulation 2016 will be published on the NSW Government Legislation Website.

You may also read the final Strata Schemes Management Regulation 2016 here.

These new laws will give strata communities the tools to effectively run their scheme and shape their own by-laws.

Complying with the laws
Some of the new requirements have a transition period, giving strata schemes time to comply. An example includes strata managing agent appointments, which continue for a period after the laws commence (for the duration of the term of appointment (up to a maximum of 3 years), or 6 months after the new laws start – whichever is the later).

The new building defects bond requirements will start on 1 July 2017 (and only applies to new strata schemes). This will allow for the new Australian Standard for inspecting group title buildings to be adopted as the standard for the defects inspections.

Next steps
If you own, rent or manage strata, become informed and help your strata scheme or clients to prepare by sharing the link to ‘Major Changes to Strata Laws‘ information. You can also read the media release –  A New Era for Strata.

NSW Land and Property Information (LPI) is due to release the final Strata Schemes Development Regulation 2016 later this year.

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 a new register for homeowner warranty insurance policies now exists in NSW?

On 15 January 2015, the new amendments to the Home Building Act 1989 introduced a new register for homeowner warranty insurance (‘HOWI’). The register records homeowner warranty insurance contracts entered into after 1 July 2010.

For further information on ‘HOWI’ see – Home Warranty Insurance Register

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

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.