Did you know that if your strata scheme has building defects your rights to compensation are subject to strict legal time limits?

If your building is less than 7 years old we can help you navigate through the maze of defect, warranty and insurance claims.

We can provide you with comprehensive advice setting out all of your options for getting the defects fixed or recovering the cost of repairs. We can advise you:

• Who to claim from?
• How to go about it?
• The time limits within which you must act

Miss the time limits – lose your rights!

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 this week at the REINSW Conference 2014 on ‘Trading Within Your Strata Management Agency Agreement’. To see a copy of Bruce’s presentation please click the link below.

Click here to view the full presentation – Trading within your Strata Management Agency Agreement

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

Strata manager Rachael Kwawegen sentenced to 15 months in prison

A Sydney strata manager who stole more than $1 million from the apartment and business owners whose buildings she looked after has been sentenced 15 months in prison.

Please click here to read the full article – Strata Manager Sentenced to 15 Months in Prison

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 this week at the REINSW Conference on ‘Trading Within your Strata Management Agency Agreement‘.

To view the presentation please click here – Trading within your Strata Management Agency Agreement

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

The Government has released draft regulations to the Home Building Amendment Act 2014 which provide for operation of that Act to commence on 1 December 2014.

A number of organisations made submissions to the Government in relation to those regulations and a final start date has not yet been confirmed. Anyone with a defect claim:

• which is not yet the subject of litigation or an insurance  claim
• where more than 2 years has elapsed since the date of completion of the building work; and
• relying on the defects being structural within the terms of the existing regulations

should immediately seek legal advice to confirm whether those defects will be covered as a major building defect under the new legislation.

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

What should you be aware of?

On 9 May 2014 the Home Building Amendment Bill 2014 was introduced to the Legislative Assembly of the New South Wales Parliament. It passed that House on 14 May 2014.

The object of the Bill is to amend the Home Building Act 1989 (“HBA”) in connection with matters including:

• Penalties for unlicensed work;
• Contracts to do residential building work or specialist work;
• Contracts to supply kit homes;
• Statutory warranties implied into contracts;
• Provisions relating to contractor licences, supervisor certificates and tradesperson certificates including broadening the grounds for disqualification;
• Notification of insolvency, winding-up or de-registration of licence holders;
• Owner building;
• Resolution of building disputes;
• Disciplinary proceedings;
• Home warranty insurance;
• Owner builder kit homes and requirements for obtaining contractor licences;
• Other minor consequential or ancillary matters.

The HBA is an act with which strata title lawyers need to be familiar. Building defects are one of the largest areas of complaint from those living in strata schemes in this state. Unfortunately for those practicing in the area, the HBA is one of the most frequently amended pieces of legislation in New South Wales.

The emphasis of this paper is on the amendment of those areas of the HBA which are most commonly used by strata lawyers. This paper is not designed as a general overview of the HBA and the amendments and assumes a basic knowledge of the HBA from a strata perspective.

Click here to download the full paper Home Building Act Amendment

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

Does an owners corporation have to approve development applications and renovations?

Strata buildings are becoming older. This has given rise to an increasing number of renovations that are carried out in strata buildings. This, in turn, has resulted in more owners corporations and strata managers being asked to approve development applications, and building works associated with renovations.

Often requests for development applications or building works to be approved are made urgently and owners corporations and strata managers are threatened with legal action if approval is not given promptly. But does an owners corporation have to approve a development application or allow an owner to renovate his or her unit?

What happens if the owners corporation refuses to approve a development application or permit renovations? Can the owners corporation’s decision be overturned? If so, how? This paper will provide the answers to these questions.

Click here for the full paper – Strata Applications and Renovations

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

The Department of Communications has released an information note to assist building owners and managers to make informed decisions when selecting a telecommunications carrier to install equipment to enable the building to connect to the National Broadband Network.

The Department recommends that building owners and managers consider whether:

• the service provider’s proposal will provide building occupants with a choice of providers and competition into the future
• building occupants will be locked into the decision to use the service provider for a fixed period or in perpetuity
• other carriers will be able to install competing cabling in the future
• carriers are correctly advising on their rights to access facilities, particularly in respect to in-building cabling
• the service provider’s proposal is consistent with pre-existing contracts with other providers, and
• the service provider has a clear plan for managing possible interference with existing services
• consider lease and licence agreements

For the full article please click here – NBN Broadband in Strata

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?

To view the full article please click here –  Strata Dispute Resolution Explained

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

Should anyone who turns up to a strata meeting with a gun in their pocket be banned from ever living in a community scheme?

For those of us who have been involved in strata for a while, it’s only a matter of time when a strata meeting will turn ugly.

You’re usually dealing with some very volatile elements in any given strata scheme – it’s about people’s rights and responsibilities. There are people for whom the right to do what they want in the home that they own, goes without saying – which is rarely the right fit with a lifestyle that depends on a sense of community such as strata living.

Logic and reason can be quickly forgotten as recently seen in the news where an elderly Sydney man was involved in the shooting of his building manager during a bitter strata meeting.

Click here to view the full media article.

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