Do your strata by-laws keep pace with strata law changes?

In Nov 2016, every owners corporation was required to review its by-laws within 12 months.

Most owners corporations completed their by-law review by 2018.

Since then, there have been numerous changes to the laws affecting strata buildings.

Strata law changes affecting strata buildings

They include substantial changes to the laws regulating:

• Short term rental accommodation arrangements – a by-law can now ban short term lettings in certain circumstances;
• Pets – a by-law can no longer ban pets and by-laws that do are not enforceable;
• Renovations – the Design and Building Practitioners Act 2020 now applies to many renovations – do your renovations by-laws require owners to comply with the Act?;
• Fire Safety – news fire safety laws will be introduced to increase fire safety standards for strata buildings – do your by-laws allow your owners corporations to recover fire safety upgrade costs from owners?;
• Sustainability Infrastructure – new strata laws relax the requirement for approval of sustainability infrastructure such as solar panels and electric vehicle charging stations;
• Levy Recovery – there remains controversy about recovery of debt collection costs – do your by-laws allow these costs to be recorded in an owner’s ledger and recovered by the owners corporation?

Do your by-laws take into account these changes to the law?

If not, they might not be enforceable or they might simply be outdated.

So is it time to again review your by-laws? We have conducted 100’s of by-law reviews for owners corporations across NSW.

DO YOU NEED A REVIEW OF YOUR BY-LAWS?

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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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 landlord planning to do strata renovations – cosmetic, minor or major?

Did you know in NSW there are different rules that your landlords must follow for the 3 types of renovations when renovating their strata apartment?

1. Cosmetic Work

Landlords can generally do cosmetic work without approval from the owners corporation however this will depend on the types of renovation by-laws in place. Be sure to check what by-laws apply in their strata scheme as the owners corporation could have changed what is classified as cosmetic work or have a renovation by-law requiring approval to do cosmetic work.

2. Minor Renovations

If your landlord is planning to carry out minor renovations, then approval from the owners corporation is required.

Project plans, a timeline and details of all qualified trades or contractors who will carry out the minor renovations are also required to be submitted for approval. All lot owners will then vote on the project at an Annual General Meeting or Extraordinary General Meeting – the landlord will need over 50 percent in favour for the project to proceed.

3. Major Renovations

For major renovations you must obtain approval by a special resolution (a 75% majority) at a meeting of the owners corporation, and a special renovation by-law is also required to authorise the work.

Again, project plans, a timeline and details of all qualified trades or contractors who will carry out the major renovations will need to be also provided to seek approval.

Does Your Landlord Require a Renovation By-law?

We have significant expertise developing renovation by-laws for strata, company, and community living.

• We have been developing renovation by-laws for 40+ years.
• We know whether you will require a by-law for renovations for owners corporation approval.
• We guarantee within 7 days you will receive the right renovation by-law.
• We also understand that you ‘may’ need your renovation by-law urgently for an upcoming strata meeting – just let us know, we will make it happen.

GET THE RIGHT RENOVATION BY-LAW HERE!

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Do you require a renovation by-law or any other strata or property legal advice? Contact us here now, we’re happy to help.

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