As of 1 February 2026, the New South Wales Government has fully implemented a landmark safety and certification framework for e-micromobility products.

These regulations—targeting e-bikes, e-scooters, e-skateboards, and hoverboards—are designed to combat the rising number of strata building fires (and house fires) caused by substandard lithium-ion batteries.

For residents and committees in strata schemes, these changes mark a critical turning point in how shared living spaces manage the risks associated with e-mobility devices.

The New Rules: Testing, Tagging and Certification

The transition to these standards began in early 2025, but the 1 February 2026 deadline marks the official commencement of strict enforcement.

• Mandatory Certification: All e-micromobility devices and their standalone lithium-ion batteries sold in NSW must now be tested by an accredited lab and receive a Certificate of Approval.
• Safety Marking: Compliant products must display a valid electrical safety approval mark (a certification number) on the device or battery.
• Information Standard: Since late 2025, retailers have been required to provide consumers with clear safety information at the point of sale, covering safe charging, storage, and disposal.

Note for Buyers: It is now illegal for retailers to sell uncertified e-micromobility products in NSW. Penalties for corporations breaching these standards can reach up to $825,000.

Why This Matters for Strata Communities

Strata schemes are uniquely vulnerable to lithium-ion battery fires due to high-density living and shared charging infrastructure. The 2026 requirements provide a clear benchmark for owners corporations to manage safety:

• By-Law Enforcement: Many strata schemes are now introducing by-laws that mandate only certified and marked devices be stored or charged on common property.
• Second-Hand Risks: The new laws apply to second-hand sales. Strata residents should be wary of purchasing used e-bikes that do not feature the required safety markings, as these may be older, non-compliant models.
• Insurance Compliance: Ensuring that residents only use certified devices can be a key factor in maintaining valid building insurance and potentially mitigating rising premiums.

Safe Practices for Residents

Even with Certified Products Fire and Rescue NSW (FRNSW) recommends the following ‘gold rules’ for e-microbility safety:

1. Never charge unattended: Do not leave devices charging overnight or while you are away from home.
2. Use compatible chargers: Only use the charger supplied with the device or a certified replacement recommended by the manufacturer.
3. Charge in safe zones: Avoid charging near exits or on flammable surfaces like carpet or beds.
4. Monitor for ‘Thermal Runaway’: If a battery is swelling, leaking, or emitting a strange smell, stop using it immediately and move it outdoors if safe to do so.

Official NSW Government Resources

For the full list of certified products, detailed technical standards, and the official Information standard template, visit the NSW Government’s dedicated portal New safety standards for lithium-ion batteries in e-mobility devices now.

Mitigating Fire Risks and Protecting Residents

Protect your scheme from lithium-ion risks. E-bikes and e-scooters are convenient, but improper charging poses a significant fire hazard to high-density buildings. Don’t wait for an incident to occur. Contact our specialist strata legal team today to draft a robust by-law that regulates the storage and charging of micro-mobility devices, ensuring your building remains a safe place to live.

New Government E-bike Rules: Reduce Your Fire Risk Today Request an EV 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, 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.

In 2026, proactive levy recovery is the primary mechanism for protecting your scheme’s financial stability. Recent NSW reforms have introduced stricter notice requirements and mandatory payment plan protocols that demand 100% compliance. JS Mueller & Co Lawyers provides the specialist legal oversight required to ensure Owners Corporations recover arrears while remaining strictly compliant of the Strata Schemes Management Act.

The 2026 Reality: Low Bankruptcies’ vs. Growing Shortfalls

Recent data from SCA Australasia suggests a significant contradiction, while strata bankruptcies remain statistically low (approx. 0.022%*), funding shortfalls are reaching* critical levels.

For a strata committee or strata manager, the takeaway is clear: owners are fighting to keep their keys, but buildings are struggling to keep their funds. When an owner cannot pay, the financial weight doesn’t disappear – it shifts to the remaining owners. A scheme with a funding shortfall is a scheme at risk.

Why Cash Flow is Your Building’s Lifeblood

• For Committees: Cash flow is what keeps the lights on and property values high.
• For Strata Managers: It is the resource required to execute essential decisions.
• The “Savvy” Buyer: Due diligence is peaking. Sophisticated buyers and banks now scrutinize “ageing arrears” reports. High debt levels signal poor management and can directly devalue every lot in the scheme.

Stricter Compliance: The New Procedural Fairness Model

The legal landscape has shifted. If your scheme does not follow the new playbook to the letter, recovery efforts can be set aside or invalidated before they reach a courtroom.

The Cost of a Wait and See Approach

Delaying recovery action creates a “legal liability” for the owners corporation and an administrative nightmare for the strata manager:

1. Section 106 Obligations: The duty to repair common property is absolute. A lack of funds is not a legal defence.
2. Extended Liability: Owners now have 6 years (up from 2) to sue an owners corporation for damages resulting from neglected maintenance.

3. The Rising Bankruptcy Threshold: With industry calls to increase the bankruptcy threshold from $10,000 to $20,000, statutory recovery options are becoming more restricted. As a greater portion of arrears may soon fall below the limit required for insolvency proceedings, proactive, early-stage collection is now more critical than ever to protect your scheme’s cash flow.

The Muellers Advantage: Results-Driven Specialisation

At JS Mueller & Co strata Lawyers, we provide a no-nonsense service backed by 45+ years of strata expertise. We act as a partner to strata managers and an advocate for committee financial health.

 Frequently Asked Questions (FAQ)

Can an Owners Corporation refuse a payment plan?

A scheme cannot pass a blanket resolution to refuse all plans. Each request must be considered on its merits. Refusals must be reasonable and provided in writing within 28 days.

Are legal costs always recoverable?

In most cases, yes, especially where the owners corporation has followed the correct statutory procedures (including the 30-day notice and payment plan offer) and costs have been ordered to be paid or the defaulting owner pays or agrees to pay the costs.  

Secure Your Scheme’s Financial Future

Don’t let a deficit compromise your building’s safety or long-term stability. Ensure your recovery process is compliant, persistent, and legally sound.

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

Get Specialist Levy Debt Recovery Advice Today

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. 

Core Findings

In Nicholson v The Owners – Strata Plan No 104042 [2025] NSWCATCD 202, the NSW Civil and Administrative Tribunal (NCAT) held that a short-term rental by-law was invalid. The determination was based on a finding that the by-law’s cost-recovery provisions were “harsh, unconscionable, or oppressive” within the meaning of the Strata Schemes Management Act 2015.

Key Legal Principles

Discretionary Recovery: By-laws that permit an Owners Corporation to determine and recover administrative costs at its sole discretion, without independent assessment, are likely unenforceable.

Property Rights: The imposition of a compulsory bond (e.g., $1,000) for short-term letting was found to be an arbitrary financial barrier to the exercise of property rights.

Severability: The Tribunal determined that cost-recovery mechanisms were integral to the by-law’s structure. Consequently, the invalidity of these specific provisions rendered the entire by-law void.

The Case: NCAT Determination on Cost Recovery

In a recent decision NCAT has again weighed in on the debate about cost recovery by-laws. This is the latest in a series of decisions in which NCAT has held that cost recovery by-laws are not enforceable. However, the sun has not completely set on cost recovery by-laws as there are still some other decisions of NCAT which have upheld them.

Facts

An owners corporation introduced a by-law to regulate short term rental accommodation arrangements in its building. The by-law permitted the owners corporation to recover from an owner any reasonable administrative costs, or any other costs and expenses, it incurred as a direct result of the owner using their lot for short term rental accommodation. The by-law also required an owner to pay the owners corporation a bond in the sum of $1,000.00 or any other amount reasonably determined by the strata committee before using their lot for short term rental accommodation.

The Decision

NCAT concluded that those aspects of the by-law were not inconsistent with the Strata Schemes Management Act 2015 or the mandatory Code of Conduct for short term rental accommodation. NCAT considered that an owners corporation was able to regulate short term rental accommodation arrangements in its own building through a by-law. However, NCAT concluded that those aspects of the by-law were harsh, unconscionable or oppressive and were therefore invalid.

The Reasoning

NCAT concluded that the aspect of the by-law that permitted the owners corporation to recover from an owner any administrative or other costs it incurred as a result of the owner allowing their lot to be used for short term rental accommodation was harsh because it allowed the owners corporation to unilaterally determine and recover from an owner the costs and expenses it incurred as a result of the owner using their lot for short term rental accommodation “without any requirement for those costs to be reasonable or independently assessed”.

NCAT also considered that aspect of the by-law was harsh because it imposed an immediate liability on the owner to reimburse the owners corporation for those costs without the need for the owners corporation to sue the owner to establish an entitlement to recover those costs and which also could make the owner unfinancial and unable to vote at meetings of the owners corporation. NCAT also disapproved of the aspect of the by-law that allowed the owners corporation to recover those costs from an owner “as a debt” again finding that this essentially allowed the owners corporation to “unilaterally determine and recover costs” from the owner. Ultimately, NCAT found that the by-law imposed an open ended liability on owners which imposed an unreasonable burden on them and shifted the financial risk of owners corporation administrative decisions entirely onto owners without independent oversight which was harsh and unenforceable.

NCAT also held that the requirement for an owner to pay a bond to the owners corporation before being entitled to use their lot for short term rental accommodation was arbitrary and oppressive and constituted a significant encroachment on an owner’s property rights. Further, NCAT held that the ability the by-law gave to the strata committee to determine “another amount” for the bond created uncertainty and the potential for discriminatory application of the bond in particular cases. Ultimately NCAT found that the imposition of a compulsory bond, particularly one with a variable amount that could be determined by the committee, was oppressive and imposed a financial barrier to the exercise of a property right that exceeded what was necessary to protect the interests of the strata scheme.

Severance

NCAT then considered whether the aspects of the by-law that it concluded were invalid could be severed from the by-law, leaving the remainder of the by-law in force. That depended on whether severing those aspects of the by-law would result in the residue of the by-law operating in a manner wholly different from the original by-law approved by the owners corporation. NCAT concluded that the requirement for a bond and the ability to recover administration fees were integral protections on which the owners corporation relied when adopting the by-law in order to regulate short term rental accommodation in the building and it could not be assumed the by-law would have been approved without those aspects being included in it. For that reason, NCAT held that to sever those aspects of the by-law would leave in place a by-law that lacked the financial safeguards that form part of the “package” that was approved by the owners corporation which, in turn, would result in the by-law operating in a substantially different way to what was intended. For those reasons, NCAT determined that it could not sever the offending parts of the by-law and declared that the entire by-law was invalid.

Conclusion

The case is the latest in a series of decisions in which NCAT has invalidated so called cost recovery by-laws or by-laws that contain cost recovery aspects to them. The recurring theme of those cases is that NCAT disapproves of by-laws that permit an owners corporation to unilaterally determine an amount that it is entitled to recover from an owner or occupier of a lot or which permits an owners corporation to recover any such amount from an owner or occupier as a debt without having to take legal action to recover the amount. The case is also another example of a decision in which NCAT has disapproved of provisions in a by-law that do not limit the costs that are recoverable by an owners corporation to costs that are reasonable in amount or reasonably incurred.

Does the case have broader implications for by-laws? For example, does the case mean that any by-law that requires an owner to pay a bond is invalid? Perhaps.

However, the sun has not completely set on cost recovery type by-laws. There are some NCAT cases which have upheld them. Those cases are difficult to reconcile with the series of cases which have invalidated cost recovery by-laws. All of this means that the law in this area is unsettled and developing and that cost recovery aspects to by-laws cannot be guaranteed to be enforceable.

Determination of Compliance Risk for 2026

As we move into the April 2026 Strata Reforms, the focus on “financial fairness” is intensifying. Schemes relying on generic or “off-the-shelf” cost recovery by-laws risk non-compliance.

At JS Mueller & Co Strata Lawyers we recommend a comprehensive audit of your scheme’s by-laws to ensure they meet the new standards of transparency and reasonableness established by NCAT.

The Case: Nicholson v The Owners – Strata Plan No 104042 [2025] NSWCATCD 202

DO YOUR BY-LAWS RISK NON-COMPLIANCE? BOOK A BY-LAW AUDIT 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.

The 2025 and 2026 NSW strata law reforms represent the most significant shift in scheme governance in a generation, introducing rigorous new standards for transparency, maintenance liability, and committee accountability.

With many long-standing by-laws now legally unenforceable and the limitation period for common property claims extended to six years, ‘business as usual’ is no longer a viable strategy for strata managers and owners corporations.

At JS Mueller & Co Strata Lawyers, our specialist team excels in translating complex legislative requirements into clear, practical, plain-English guidance for our clients. Whether you require a:

• Comprehensive Review: Identify hidden risks in your scheme’s governance.
• Training Session: Satisfy upcoming legal requirements with tailored sessions.
• By-law Audit & Rewrites: Ensure your rules are modern, legally sound, and fully enforceable.

We take the complexity out of the law, ensuring you understand your obligations and can act with confidence. With over 45 years of strata law experience, we provide more than just legal advice – we provide a roadmap to ensure peace of mind, protecting you and your scheme.

BOOK YOUR REVIEWS, BY-LAW AUDITS AND TRAINING SESSIONS HERE

Checklist: Strata Reforms 2025–2026

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.

Thank you for your support throughout 2025. We wish you a wonderful, safe, and happy holiday season. Please note below our office hours during this period.

Holiday Office Hours

Our office will be closing from 5.30 pm Tuesday 23rd December 2025 and reopening at 9 am on Monday 12th January 2026.

Contact Us

During this time if you wish to leave a message click here and our team will contact you on our return.

Alternatively, visit our online resource library and follow us on LinkedIn and/or X.

As Sydney’s residential landscape shifts rapidly towards high-rise and high-density communities, the dynamics between neighbours are becoming increasingly volatile. Strata properties, the backbone of this urban shift, are now witnessing a complex surge in internal disputes, creating challenging governance and compliance issues for owners corporations and residents alike.

There has been a marked increase in the frequency and complexity of conflicts requiring expert legal intervention. The once-minor irritations of apartment living are now regularly escalating into formal legal challenges that demand the clarity and authority of specialist strata advice.

The Strata Dispute Dilemma

The statistics paint a clear picture of the strata environment and the escalating need for professional guidance:

•  Conflict is Compounding: We are seeing an 11% increase* in mediation requests, signalling that internal resolution mechanisms are failing more frequently and pushing residents toward formal legal pathways.
• Mediation’s Crucial but Imperfect Role: While 67% of disputes were successfully resolved through mandatory mediation, this success still leaves a significant portion of complex cases unresolved.
• The Tribunal Treadmill: A high number of unresolved issues are escalating to the NSW Civil and Administrative Tribunal (NCAT), where the process becomes more formal, time-consuming, and expensive.

As population density rises, these disputes—often involving complex by-law interpretation and emotional homeowner issues—are only expected to grow.

Why Disputes Go Beyond the Fence Line

What makes strata disputes so challenging? They often involve a unique blend of technical law, financial obligation, and deeply personal neighbourly friction. Key areas of contention include:

• By-Law Breaches: Unauthorised pets, noise complaints, and misuse of common property such as parking or storage.
• Common Property Upgrades: Disagreements over renovations, such as air conditioning units, that may require owners corporation approval and affect external appearances or common property structure.
• Financial & Governance Issues: Disputes over levies, maintenance responsibilities, and the conduct of strata committee members.

The key to resolving these matters is understanding that they require a strategic, legally informed approach that goes beyond simply having a chat with your neighbour.

When you Need Specialist Strata Dispute Advice

While the NSW government is working on reforms to reduce mediation wait times, waiting is simply not an option when your peace of mind or investment is at stake.

At JS Mueller & Co Strata Lawyers, we specialise exclusively in NSW Strata Law. Our deep knowledge and decades of experience mean we don’t just understand the law; we understand the dynamics of strata disputes. We provide clear, practical legal advice tailored to resolve your conflict efficiently, whether you are an owners corporation, a strata committee member, or a lot owner.

How Can Specialist Strata Dispute Advice Help?

1. Strategic Mediation Preparation: Maximising your position and outcome at the mandatory Fair Trading mediation to secure a resolution and avoid NCAT.
2. Expert By-Law Enforcement & Defence: Applying unmatched expertise to breach notices, compliance orders, and by-law interpretations for noise, pets, and common property use.
3. Fierce NCAT Advocacy: Providing clear, authoritative representation if your matter needs to escalate to the Tribunal, ensuring your rights and interests are robustly defended.

Neighbourly disagreements erode the quality of life and directly threaten the value of your strata asset. Whether you are facing a persistent strata dispute involving pets, renovations, common property use, or something else, you need a specialist advantage.

To gain the expert legal insight required to navigate and resolve your dispute swiftly and effectively contact our specialist team below, we’re always happy to help.

CONSULT OUR STRATA DISPUTE EXPERTS 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.

* NSW Government, Fair Trading

NSW Strata Law: Key Updates from the Strata Schemes Legislation Amendment (Miscellaneous) Bill 2025

The Strata Schemes Legislation Amendment (Miscellaneous) Bill 2025 (NSW) introduces the final milestone, major wave of reforms to the Strata Schemes Management Act 2015 and Strata Schemes Development Act 2015. These changes, introduced on November 19, 2025, focus on governance, financial integrity, and modernising strata living.

Below is a summary of the most impactful proposed reforms that owners corporations, strata committees, and strata managers must be aware of.

The changes proposed by the Bill are sweeping, affecting everything from your by-laws to your financial governance.

1. Financial Integrity & Consumer Protection

The Bill significantly enhances accountability and protects lot owners from unfair charges and undisclosed fees.

• Mandatory Hardship Plans: Owners corporations (OCs) must offer payment plans to owners facing financial hardship before commencing legal action for overdue levies. Blanket resolutions refusing all payment plans are banned.
• Insurance Commission Ban: Strata Managers (SMs) are banned from receiving commissions on insurance products if they were not actively involved in obtaining the best deal for the OC. All insurance quotes must be itemised to disclose agent/broker payments.
• Cap on Resident Fees: Fees charged for services like replacement access cards or keys must be limited to the OC’s reasonable cost of providing that service, ending excessive charges.
• Certified Developer Estimates: Initial levy estimates for new schemes must be independently certified to prevent developer ‘bill shock’ after the first Annual General Meeting.

2. Modern Living & Sustainability

The reforms simplify the adoption of necessary modern infrastructure.

• EV Charger Right: Lot owners gain a simplified right to install Electric Vehicle (EV) charging stations in their dedicated parking spaces. OCs cannot unreasonably block EV charging or other sustainability measures (like solar panels) merely due to external appearance.
• Accessibility Vote: Resolutions for installing or altering accessibility infrastructure for residents with disabilities now only require a simple majority vote, lowering the threshold for essential upgrades.

3. Governance & Compliance Overhaul

New powers for Fair Trading and changes to management tenure aim for greater transparency.

• Public Compliance Records: NSW Fair Trading will be empowered to publicly publish compliance actions (e.g., notices) taken against OCs that fail to meet their mandatory common property repair and maintenance duties.
• Building Manager Term Limit: The maximum term for a Building Manager’s agreement is reduced from 10 years to 3 years, aligning with SMs contracts. NCAT gains power to terminate these agreements for breaches of prescribed duties.
• Two-Lot Scheme Exemptions: Small schemes (e.g., duplexes) are exempted from various requirements, including holding general meetings, forming a strata committee, and filing annual reports, reducing regulatory burden.
• Two-Quote Rule: OCs must obtain at least a second quote for proposed works exceeding $30,000.

Key Action Items for Strata Professionals

• Update Policies: Revise levy arrears and debt recovery policies to include the mandatory hardship payment plan offer.
• Review By-laws: Check and update by-laws to accommodate the new rights regarding EV charging and sustainability installations.
• Ensure Disclosure: Strata managers must update reporting procedures to comply with the new itemisation and commission disclosure requirements for insurance.
• For more information visit NSW Government

Avoid Non-compliance

These changes proposed by the Bill are sweeping, affecting everything from your by-laws to your financial governance.

To ensure you avoid non-compliance, book in a compliance review and/or team training session on the new legislative requirements here with our specialist team of strata lawyers.

FINAL MAJOR REFORMS: BOOK YOUR COMPLIANCE REVIEW OR TRAINING SESSION HERE

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. 

As the festive season approaches, the excitement of gift-giving means more than just parcels under the tree—it means an influx of new electronic devices particularly e-micromobility devices such as e-bikes, e-scooters, e-skateboards and e-hoverboards. Also, related components that pose the fire risk lithium-ion batteries, power supplies and chargers.

For the strata industry, this period of cheer brings with it an elevated risk, underpinned by the growing safety concerns surrounding lithium-ion batteries and the need for clear, enforceable management rules.

The New Lithium-ion Battery Safety Standards: A Strata Imperative

The NSW Government has recently taken decisive action to address the escalating fire risk posed by substandard lithium-ion batteries. As confirmed by NSW Fair Trading, e-micromobility devices and their batteries are now ‘declared electrical articles’ under the Gas and Electricity (Consumer Safety) Act 2017.

Key regulatory dates and requirements include:

• Mandatory Information: Enforcement of requirements to provide clear safety information (safe use, charging, storage, fire prevention) came into effect in August 2025.
• Mandatory Certification: From February 2026, devices and their batteries sold in NSW must be independently tested, certified, and marked as compliant.

These changes are critical because they officially recognise that lithium-ion battery technology, while convenient, presents a significant and specific fire risk—a risk that is amplified within the shared, high-density living environment of a strata scheme.

Festive Gifts Mean Increased Fire Risk in Common Areas

Imagine a typical strata scheme on Christmas morning: several residents unwrap new, potentially non-compliant e-scooters or e-bikes. Over the holidays, these devices are constantly being used, returned, and plugged in to charge—often in fire-prone locations like balconies, common area hallways, or car spaces without adequate ventilation or fire separation.

This surge in usage and charging density increases the risk of a catastrophic fire event. While new certification standards will eventually filter out unsafe products, thousands of uncertified devices remain in circulation, and non-compliant charging behaviour is still rampant.

The festive season accelerates the need for proactive strata governance, not reactive damage control.

Reduce Fire Risk: Secure Your Scheme with a Robust EV By-Law

Waiting for a regulatory deadline (like the February 2026 enforcement date) or, worse, for a fire to occur is not a strategy. The Strata Committee has a clear duty of care to protect the common property and the safety of residents.

We specialise in drafting comprehensive, legally robust, and future-proof Electric Vehicle and E-Micromobility By-Laws that directly address these evolving risks. Our by-laws are designed to:

1. Regulate Charging Locations: Mandate safe charging areas, prohibit charging in dangerous zones (e.g., balconies, storage cages), and manage the use of common property power outlets.
2. Ensure Compliance: Require owners to only use devices and batteries that meet relevant Australian/NSW safety standards and carry the required approval marking, aligning with the new NSW Fair Trading standards.
3. Manage Infrastructure: Provide clear pathways for the installation of dedicated EV charging stations, ensuring fair allocation of costs and power consumption, and maintaining the structural integrity and insurance requirements of the building.
4. Minimise Insurance Risk: Demonstrate due diligence to insurers by implementing best-practice safety protocols, potentially mitigating premium increases or coverage issues.

Don’t let the convenience of a holiday gift become a future liability for your scheme. Act now to implement clear, enforceable EV by-law rules before the festive season influx.

NEW EV SAFETY STANDARDS: GET YOUR COMPREHENSIVE EV BY-LAW 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.

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.

In a recent ruling, NCAT’s Appeal Panel has confirmed that a former lot owner is not entitled to sue an owners corporation for damages in NCAT. This ruling clarifies that former lot owners can only take legal action against an owners corporation to claim damages in a Court.  The ruling also has broader implications about the limits of NCAT’s jurisdiction to entertain claims made by former lot owners.

Background

There has been a surge in claims made by lot owners against owners corporations for damages. Those claims typically arise as a result of defects in the common property which allow water to leak into and cause damage to a lot. Typically, a lot owner sues the owners corporation for damages to claim compensation for financial losses they suffer as a result of the water ingress and damage, including loss of rent or alternate accommodation expenses where the lot becomes uninhabitable, costs to repair damage caused to the lot and other expenses such as legal costs and experts’ fees.

Jurisdiction

Those claims are brought by lot owners under section 106(5) of the Strata Schemes Management Act 2015 (Act) which gives them a statutory right to claim damages from an owners corporation for a breach of the duty to repair common property. NCAT has the power to award damages under section 232 of the Act on the application of an “interested person” including a lot owner.

The Case

In the recent ruling, NCAT’s Appeal Panel confirmed that a person who is a former lot owner at the time they take legal action against an owners corporation in NCAT claiming damages is not an “interested person” as a result of which the person does not have standing to sue the owners corporation in NCAT for damages.  The Appeal Panel confirmed that, where a lot owner suffers damages, for example, as a result of defects in the common property that allow water to leak into and cause damage to their lot, but the lot owner subsequently sells their lot, the former lot owner is only entitled to sue the owners corporation for damages in a Court, not NCAT.

Conclusion

This case clarifies that owners who sell their lots and then want to sue their owners corporation for damages must make that claim in a Court and not in NCAT. The case also has broader implications.  It likely means that, for example, an owners corporation cannot seek orders in NCAT against a former lot owner, for instance, orders to require a former lot owner to repair damage they cause to the common property by carrying out unauthorised renovations whilst they were a lot owner. The recent ruling provides important guidance on the limits of NCAT’s jurisdiction to determine claims between owners corporations and former lot owners.

Case: Griffinchuk No. 1 Pty Ltd atf Giffinchuk Family Trust v The Owners – Strata Plan No. 92745 [2025] NSWCATAP 273.

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

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