2021 Strata Schemes Review Tabled in NSW Parliament

Earlier this year Warwick van Ede, specialist strata lawyer and member of the Property Law Committee of the Law Society of NSW invited you to participate in the process of review of the current strata legislation in NSW as part of the statutory review process.

Over 2,300 online survey responses were received and over 200 submissions filed through the NSW Government’s website in relation to the statutory review.

The report on the outcome of the statutory review was finally tabled in the NSW Parliament on Monday 29 November 2021.  In total 37 recommendations were made in relation to proposed amendments to the Strata Schemes Development Act 2015, and 102 recommendations were made in relation to the Strata Schemes Management Act 2015.

The key recommendations of the Strata Schemes Development Act and Strata Schemes Management Act can be found here  2021 Strata Review Tabled in NSW Parliament – Key findings

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.




New Annual Reporting for Strata – Have Your Say!

Proposed New Annual Reporting for Strata Schemes

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More than 1.2 million people live in strata schemes across NSW.

The NSW Government wants to introduce new annual reporting to better meet strata communities’ needs and improve consumer protection.

Which means, owners corporations would need to report and verify information each year on the NSW Government’s Strata Hub. This digital portal will centralise strata information, which is currently hard to find or unavailable.

As such, the NSW government has drafted a proposed Strata Schemes Management Amendment (Information) Regulation outlining the information to be reported, who can access it, the costs and the start date.

The NSW government wants to hear from people who live, own, rent, work or planning to invest in strata and councils and other strata stakeholders.

Earlier this year, the NSW government consulted broadly on what people want from a Strata Hub. Once fully implemented, the hub will offer up-to-date strata information, provide key data on how schemes are being managed, and make communication easier.

Have Your Say Now!

The deadline to provide feedback is 18 November 2021.
To have your say NSW strata, you may simply complete a short survey and/or upload a written submission here – have your say!
For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.



New STRA Laws Means Reviewing Your By-laws!

Deadline for New Rules for NSW STRA 

Here we explain the new rules!

The NSW government has issued a reminder that new short-term rental accommodation (STRA) rules will come into effect on 1 November 2021 coinciding with the return of regional travel across NSW.

These new STRA registration requirements follow the introduction of a mandatory code of conduct governing STRA rentals late last year.

And… most likely these new rules will also require your STRA by-laws to be reviewed!

What is the New Rule?

If you wish to rent a property as a STRA host, it is mandatory to register the property and pay the registration fee via the NSW Planning Portal by 1 November 2021.

What is the Deadline?

The deadline is Monday 1 November 2021.

What is the Cost?

STRA hosts are required to pay a registration fee of $65.00 for the first 12 months and an annual renewal fee of $25.00.

Who Does STRA Registration Apply to?

The STRA registration applies to owners of any residential accommodation who wish to rent their property out for short term rentals.

Do I Need to Provide additional Documentation to Register?

Yes, if the property is not owned by you, you must provide proof of consent from the property owner.

You must also verify that the property is in compliance with the fire safety standards as defined in the STRA policy here.*

*Please note: Given the recent lockdown orders, a grace period has been applied in relation to providing the fire safety standards.

STRA hosts will be able to register their short-term rental as required but delay the fire and safety requirement until 1 March 2022, giving STRA hosts an additional 4 months to adhere with the policy.

Where do I Register my STRA Property?

Your STRA property is to be registered here on the on the NSW Panning Registration Portal.

Do I Need to Update my Short-term Rental Accommodation By-laws?

Most likely, if you live in a strata property the STRA by-laws may need to be reviewed. For advice you may contact our experienced and knowledgeable STRA team here.

Where do I Find More Information on the New STRA Rules?

For more information on the new STRA rules visit NSW Planning STRA Portal here.

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

 




Paper Based By-laws Transition to Electronic!

As many of you are aware, from 11 October 2021, the Registrar General has announced a major step in the transition away from paper-based registration of by-laws (and other documentation) in NSW.

So, what will the changes to the land titles system in NSW mean?

Read on for more specific details in this recent NSWLRS release.

Our Dedicated By-law Registration Team

If you need assistance registering your by-laws electronically we have an experienced and dedicated by-law registration team who are ready to help you.


CLICK HERE FOR HELP WITH ELECTRONIC BY-LAW REGISTRATIONS

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.




One Case & Your Entire Block is Forced into Lockdown!

Did you know that the NSW Government now has the power to lock down your entire strata block with just one positive Covid Case?

Apartment residents could be hit by COVID-19 laws produced by the NSW Government, which is able to lock down entire unit blocks when just one person tests positive to the virus.

The police also now have new powers to patrol buildings, quiz everyone living in – and visiting – apartments for their names and phone numbers, and order them all to take COVID tests.

In addition, any non-residents present at the time a block is locked down could be trapped in the building.

Read on for further details in this recent Sydney Morning Herald (SMH) Domain article

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.




Pets and Strata – The Next Chapter!

What is the Next Chapter for Pets and Strata?

If you are an owner or occupier of strata property,  you could not help but notice the flurry of activity over the last couple of years, both at a legislative level and in the Courts of New South Wales in relation to the question of pets.

In the next (but probably not the last) instalment of this saga, the New South Wales Government is implementing amendments to the legislation and to regulations, to commence on 25 August 2021.

Amendment to the Strata Schemes Management Act 2015

Commencing on 25 August 2021, section 137B will be inserted into the Act. Section 137B effectively prevents a by-law, or a decision of an owners corporation under a by-law, from banning the keeping of an animal within a strata scheme unless the animal unreasonably interferes with another occupant’s use and enjoyment of their lot or the common property.

The question which arises from this section is what is meant by “unreasonably interferes with another occupant’s enjoyment of their lot or the common property”?

The New Regulation

Also, now to commence on 25 August 2021 is the Strata Schemes Amendment (Pets) Regulation.

The specific purpose of this regulation is to set out, for the purposes of section 137B, the circumstances in which the keeping of an animal unreasonably interferes with an owner or occupant’s use and enjoyment of their lot.

In short, this new regulation says that an animal will cause an “unreasonable interference” with an owner or occupant’s use and enjoyment of their lot if:

  • the animal makes a noise which interferes with the peace, comfort and convenience of another occupant;
  • the animal repeatedly runs at or chases another occupant, visitor or another animal;
  • the animal repeatedly causes damage to the common property or to another lot;
  • the animal endangers the heath of another occupant through infection or infestation;
  • the animal causes a persistent offensive odour that penetrates another lot or the common property; or
  • for dogs and cats, the owner of the animal fails to comply with orders under the Companion Animals Act 1998.

The provisions also pick up the provisions of the Companion Animals Act 1998 which refer to a “restricted” dog and a “menacing or dangerous” dog. Those dogs will be able to be banned from strata buildings.

Conclusion

It will be interesting to see whether these additions to the strata legislation assist or provide more interpretive problems for owners corporations.

Author I Warwick van Ede I Lawyer I BEc LLM Acc Spec (Property).

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.




Who is Responsible for Mould in Strata Living?

As winter fast approaches lot owners and tenants ‘cosy up’ their apartment environments with heat creating condensation (moisture) and reduced ventilation – a damp environment that mould loves to thrive in.

Rain during the winter months can also contribute to the increased mould growth in strata buildings and may cause dangerous health issues for owners and tenants as they’re more likely to stay indoors.

Who is responsible for mould in a strata property?

It depends on the location of the mould, and what initially caused the mould to develop. Sounds simple, but the challenge is to work out who organises and pays for the problem to be fixed.

In this article we look at:

  1. What is mould?
  2. What are the harmful effects mould can have on your health?
  3. What are the causes of mould in strata living?
  4. Who pays for the mould to be fixed in strata living?

1. What is mould?

Mould is a type of fungi that produces tiny spores which settle on indoor and outdoor surfaces. When the mould spores land on a damp or wet spot, they need a certain temperature to thrive and survive, they then begin to grow and digest the surface where they’ve landed.

Mould can destroy building materials, furnishings and cause serious health problems to people.

2. Is Mould Harmful to your Health?

Airborne mould spores are commonly found in both indoor and outdoor environments and have the potential to cause health problems as they can easily be inhaled.

Inhaling mould spores can have harmful effects on health in children and the elderly, asthmatics, and people with compromised immune systems. It can cause throat, eye and nose irritations, breathing problems and allergic reactions. Some mould can even have more serious health effects and cause chronic, obstructive, or allergic lung diseases.

Mould can also destroy clothing and household items such as mattresses and other furniture which can also cause health issues.

3. What are the Causes of Mould in Strata Apartments?

In strata apartments, mould typically grows indoor in wet or moist areas lacking adequate ventilation, including walls, wallpaper, ceilings, bathroom tiles, carpets (especially with jute backing) and insulation material such as cardboard and wood.

Some common mould problems in strata apartments include:

  • Lack of adequate waterproofing allowing water to leak inside an apartment
  • Burst pipes or water leaks coming from an apartment above
  • Condensation in winter on walls/windows from temperature differences between heated interiors and cold exteriors
  • High levels of humidity in summer and temperature differences of cold interiors and heated exteriors
  • Condensation from hot showers causing mould on bathroom walls and ceilings, especially if there is no exhaust fan and/or ventilation
  • Windows closed all day with lack of adequate air flow
  • Strata blocks that are in shade all day and receive no or little sun

4. Who is Responsible for Mould in Strata?

 
Property Managers and Landlords

In a rental apartment situation, the  landlord is normally responsible for fixing the mould problem as the landlord is responsible for ensuring their tenant a healthy, mould-free environment.

However, if the landlord can show the mould is the result of the tenant’s inactions such as not using exhaust fans or not opening windows/doors for airflow, the tenant may be liable to compensate the landlord for damage.

Strata Managers and Owners Corporations

In strata title properties the person responsible will depend on where the mould is located and what is causing it, which can sometimes be challenging.

Generally, the apartment owner is responsible for removing the mould inside the apartment. However, if there is a defect in the common property that is the cause of the mould, such as a leaking common property pipe, the owners corporation would be responsible for fixing that defect.

Common Property
Common property boundaries of an apartment are generally defined by the floor surface and boundary walls. If mould is located outside of these boundaries the owners corporation is responsible for repairs and mould remediation costs. If the cause of the mould is within these boundaries the lot owner is responsible for repairs and costs.

Strata mould problems are often challenging to solve. In these more challenging cases it is often a good idea to engage with a strata lawyer to help resolve the issue,  and to work out who is responsible for fixing the problem, especially if it involves health issues.


Adrian Mueller Partner JS Mueller & Co Lawyers specialising in Strata 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.




NCAT Dishes Out the Penalty for Order Breaches

In a recent case NCAT has penalized an owners corporation $6,600 for breaching an order to repair common property defects.

However, due to a quirk in the strata legislation, before NCAT could impose that penalty, the lot owners who sough the penalty had to obtain the consent of the NSW Attorney General to make the penalty application.

The case highlights the importance of new laws in the Strata Schemes Management Amendment (Sustainability Infrastructure) Bill 2021 that are expected to commence later this year that will give NCAT power to issue penalties of up to $5,500.00 (without the consent of the NSW Attorney General) for breaching orders made by NCAT.

Read on…NCAT dishes our punishment for order breaches

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.




Are You Prepared for the New Strata Laws?

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.

 




Don’t Lose Your Right for Compensation!

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.