Read the full Sydney Morning Herald (SMH) article here.

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

Adrian Mueller, partner, recently presented a paper about the most significant strata cases in NSW over the last 12 months, at the 12th annual conference of the ‘Australian College of Community Association Lawyers’ (ACCAL) – the peak body of strata lawyers in Australia.

To view Adrian’s presentation and strata cases click here 2017 Strata Case Presentation and 2017 Strata Case Papers.

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

Come November 2016, throwing a snag on the barbie or having a puff on a ciggie could be considered a ‘nuisance or hazard’.

Under the new strata reforms owners corporations will be able to enforce a ban by issuing a notice to comply with smoke drift, such as that from tobacco and barbecues, under the by-law changes.

Fines

If the barbequer or smoker fanatic fails to comply the matter could be taken to NCAT, who has the power to issue fines of up to $1,100 (double that of the old laws) and if the offender repeats the offense within 12 months, double it again – $2,200.

The owners corporation will be able to take action against offenders rather than leaving this to individual owners.

By-laws

The proposed model by-law provides 3 options:

1. Smoking in a lot is permitted but there must be no smoke penetration into any other lot or the common property.

2. Smoking in a lot is permitted but there must be no smoke penetration into any other lot or the common property. Smoking on the common property is also permitted but only in either designated smoking areas or with the written permission of the owners corporation.

3. Smoking in a lot is permitted but there must be no smoke penetration into any other lot or the common property. Smoking on common property is expressly prohibited.

It’s also important to note that there are currently no options in regards to the complete ban on smoking in schemes.

Also, any new model by-laws generally do not apply to existing schemes. They’ll only apply to strata schemes registered after the commencement of the 2015 Act if and that’s if the developer chose the option to go with model-by-laws.

For more information visit NSW Government Fair Trading.

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

About JS Mueller & Co

JS Mueller & Co has been servicing the strata industry across NSW for almost 40 years. We are a specialist firm of strata lawyers with in depth and unmatched experience in, and comprehensive knowledge of strata law and levy collection. We are here to assist you every step of the way.

Today, we officially announce changes to the JS Mueller & Co team effective as follows.

Retirement
It is with mixed emotions that we announce the retirement of Bruce Bentley, partner of JS Mueller & Co, effective 30 June 2016.

New Partner
We are also proud to announce the appointment of Adrian Mueller to partner, JS Mueller & Co, effective 1 July 2016.

“We’ve been providing a range of exceptional, professional strata legal services for over 30 years. Our success is due to our in-depth experience and comprehensive knowledge of strata law and we will continue to deliver our first class service to clients”, said Jeffrey Mueller, partner JS Mueller & Co.

We are continuing to build our team with expertise in the property and strata areas.  As our firm expands and grows, we will keep you up to date with the latest developments.

To read the full article please click here – Muellers Strata Lawyers Announcement

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.

JS Mueller & Co Partner, Bruce Bentley, comments on ‘Sunset Clawbacks’ in the Sydney Morning Herald Domain.

Top strata lawyers have called for NSW property protections to be brought into line with other Australian states after it was discovered that the owners of seven apartments in a single new block sold off the plan had been victims of “sunset clawbacks”.

Click here to read the full article – Top Lawyers Call for Changes to Sunset Clawbacks

About JS Mueller & Co

JS Mueller & Co has been servicing the strata industry across NSW for almost 40 years. We are a specialist firm of strata lawyers with in depth and unmatched experience in, and comprehensive knowledge of strata law and levy collection. We are there to assist you every step of the way.

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

JS Mueller & Co Headquarters
Level 1, 240 Princes Highway
Arncliffe Sydney Australia 2205
www.muellers.com.au

Media inquiries: Contact Julie Schoneveld on 02 9562 1266 or 0435 939 491

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.

Senior Lawyer, Adrian Mueller reminisces…

“In 1980 my parents took me to the Gold Coast for a holiday. It was my first adventure in Queensland. I was 2 years old. We stayed at the (in)famous Iluka hotel.

The Iluka was built in the 1970’s. It was an iconic building – one of the Gold Coast’s first high rises. It had 72 luxury apartments and was a stone’s throw from Cavill Avenue.

It held fond memories for me and, I imagine, many families who enjoyed wonderful times together at the Iluka.

You can imagine my horror when I recently discovered that the Iluka has been demolished. Why? Because of concrete cancer.

You see the owner of the building was faced with a dilemma. Repair the concrete spalling which had been left untreated for decades at exorbitant cost or demolish the building. The owner chose to demolish.

A leading architect Professor Holden, Head of Architecture at the Griffith University in Qld, has said that high rises built in the 1970’s have an average lifespan of 40 years.

That is a sobering thought for apartment owners many of whom cannot afford special levies to repair widespread concrete spalling.

So what is the solution? For some buildings, it may simply be too late. The Iluka is a case in point.

For other buildings, the key is preventative maintenance. As unpalatable as it might be, apartment owners need to realise that spending a little to detect and treat concrete spalling at an early stage saves money in the long run.”

Adrian Mueller also acknowledges that the challenge for strata managers and other stakeholders is to convince owners to invest in proactive maintenance to protect their investment by spending a little in the short term to save big money down the track.

Says  Adrian “Convincing owners to spend now to save later is no mean feat. But it is achievable. And doing so can avoid potential disasters.

I will miss the Iluka.”

Adrian specialises in strata law and those areas of the law that particularly deal with building defects.

“An apartment is someone’s home and most valuable asset. That is something worth protecting and knowing where you stand is vital” says Adrian.

For more information on concrete cancer, visit the following websites – Concrete Cancer or Remedia Structural Repairs

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

Cantonese speaking, JS Mueller & Co Lawyer, Clifford To, talks Strata Law with SBS Cantonese Radio, nation-wide.

If you understand Cantonese and/or have Chinese Cantonese speaking clients listen to the full radio interview here – Chinese Property Owners in Australia

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

_______________________________________________________________________________________

About JS Mueller & Co

JS Mueller & Co has been servicing the strata industry across NSW for almost 40 years. We are a specialist firm of strata lawyers with in depth and unmatched experience in, and comprehensive knowledge of strata law and levy collection. We are there to assist you every step of the way.

JS Mueller & Co Headquarters
Level 1, 240 Princes Highway
Arncliffe Sydney Australia 2205
www.muellers.com.au

Media inquiries: Contact Julie Schoneveld on 02 9562 1266 or 0435 939 491