13 March 2018, was the deadline for every owners corporation in NSW to have installed compliant window safety devices on applicable windows throughout their strata schemes.

Recently, NSW Fair Trading updated information on their website concerning window safety devices for high rise strata blocks.

However, it’s important to note that the information uploaded is incorrect on the NSW Fair Trading website.

This is resulting in some incorrect conclusions that it is possible for an owners corporation to relieve itself from the responsibility for installing window safety devices.

As a result of the incorrect window safety device information on the NSW Fair Trading website it has raised a number of questions:

1. Can the installation of window safety devices be delegated to each individual lot owner?
2. Who is responsible for the maintaining, repairing and replacing window safety lock devices after they have been installed?
3. Can a window lock by-law be put in place to relieve the owners corporation of responsibility?
4. Why is the NSW Fair Trading window safety device information incorrect?

What is the correct information for window safety devices? Our paper will explain – Window Safety Devices and By-laws.

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

It’s widely accepted that holiday lets have a more profound effect on apartment blocks than stand-alone dwellings, for obvious reasons.

Late last year, the Privy Council in London ruled on a piece of overseas strata legislation that was basically a cut-and-paste of NSW strata law, section 139 (2), which says that by-laws can’t interfere with owners letting their units.

But what do the ‘legal eagles’ think…

Adrian Mueller of JS Mueller & Co says that rather than a by-law restricting the number of days a property could be let I would… “Advise the owners corporation to make a new by-law that would prohibit an owner or occupier of a lot using the lot … for unlawful short-term accommodation”.

To read the full Australian Financial Review (AFR) article click here  Strata Lawyers Dissect Anti-Airbnb Rules.

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

The deadline for owners corporations to review their by-laws has passed and most owners corporations have now completed their by-law reviews.

So what lessons can be learned from the by-law review process? And, more importantly, what mistakes have been made during that process and how can they be fixed?

Read this paper to find out common mistakes and how you can fix them  By-law Reviews – How to Avoid the Big Mistakes.

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

Another new law

In 27 days owners corporations must comply with another new law – window safety devices (window locks).

In NSW, window safety devices must be installed on certain windows by 13 March 2018 otherwise owners corporations may face hefty fines if requirements are not met by the due date.

Frequently asked questions?

Can an owners corporation force lot owners to install window safety devices by making a new by-law?

Can the owners corporation force lot owners to maintain and repair window safety devices after they are installed if there is no by-law in place?

If there is no by-law in place, who is responsible for the installation, maintenance and repair of window safety devices?

And if there is no by-law in place, who is responsible for the costs associated with deliberate damage and /or removal of the window safety devices?

Be prepared!

A window safety devices by-law will ensure the rules are clear should any of the above circumstances and more arise.

For NSW by-laws advice please contact us here or call 02 9562 1266, we’re happy to assist.

As the notion of living a healthy lifestyle continues to become increasingly prominent within contemporary society on a global scale, smoke-free environments are now being enforced in the form of strata by-laws.

While it is clear that Australia adopts strict smoke-free regulations within public areas and indoor workplaces, restrictions within apartment buildings and/or other multi-unit residencies are a fairly new phenomenon. This can be attributed to the increasing growth of community concern in relation to the harmful health effects that arise as a result of exposure to second-hand tobacco smoke.

Should strict by-laws be adopted?

One of the primary justifications as to why smoke-free strata by-laws have come into effect is due to the drifting of second-hand smoke into non-smoking residential property. The Cancer Council NSW offers a ‘Smoke Free Apartment Living Kit‘ and  substantiates such claims by informing community members that their concerns are valid by stating “Scientific studies have measured significant levels of tobacco smoke contaminants in the apartments of non-smoking residents who live in a building where people smoke in other parts of their building”.

Smoke has a tendency to drift throughout a building within apartment lots and common property. Drifting may occur through various mediums including but not inclusive to air conditioning systems, stairwells, balconies and elevator shafts. Resultantly, individuals living within apartments and other multi-unit residencies are placing pressure on owners corporations to pass strata by-laws to prohibit smoking and encourage living in a smoke-free environment.

If smoke-free strata by-laws do come into effect there is no doubt that various positives are apparent. For example, non-smoking individuals will have a reduced exposure to second-hand tobacco smoke and thus reduce the possibility of encountering potential health risks such as asthma. Financial benefits are also evident as smoke-free environments contribute to a reduced risk of fire and cigarette related damage including burn marks on furniture, benches, carpets and walls; equating to reduced cleaning and maintenance costs. Most importantly, individuals living within a smoke-free environment may feel peace-of-mind within a residency that takes preventive measures to improve the health of all.

Or…should people have a right to smoke?

On the contrary, smoke-free by laws have sparked a great deal of fury, particularly towards individuals who prefer to adopt a smoking lifestyle. Smokers believe that such by-laws take away a right of one group at the expense of another and feel it is a denial of their legal rights, believing they should have a right to smoke within the boundaries of their lot. Subsequently, many questions raised include: Are my legal rights infringed? Will a designated smoking area be provided? Can a balance between smokers and non-smokers be struck? & How do I know if I live in a smoke-free environment?

Adrian Mueller, specialist strata lawyer with JS Mueller & Co, says, Strata buildings have the ability to enforce by-laws prohibiting smoking. Existing strata schemes that do not have smoke-free by-laws can bring them in, but only if a 75% majority vote is obtained ”.

Adrian continues by saying, “There are available options to address the problem of smoke drift within apartment blocks. The level of detail within a strata by-law prohibiting smoking will vary due to individual circumstances.  The by-law might ban smoking on any or all of the common property, a lot’s outdoor areas and even a lot’s indoor areas.”

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

Historically, with each of the individual states and territories throughout Australia having their own strata legislation, the downside has been that the lack of national uniformity has presented significant challenges with interpretation and enforcement of the relevant legislation across different jurisdictions.

There are currently three principal jurisdictions throughout Australia − New South Wales, Victoria and Queensland − each having introduced strata laws during the 1960s, with New South Wales leading the way in 1961. However, over the decades, each of the states has replaced and consolidated legislation at differing times, with regular, ongoing reviews of strata and community legislation taking place at a different pace across the country as governments endeavour to harmonise communal living environments and address issues which arise as communal living density increases.

Three law firms in these principal state-based jurisdictions have formed an alliance, aptly named Strata Lawyers Australia, comprising one law firm from each state which specialises in the practice of strata and community title law. The purpose of this alliance is to combine the local expertise of each firm in order to provide a quality, nation-wide legal service which will maximise the effectiveness of strata law services for stakeholders in the strata industry in each state.

Sydney-based firm, JS Mueller & Co, is an active member of this strategic alliance and draws on local expertise to provide industry-leading legal services and advice, enabling them to operate across state borders and provide the most relevant and comprehensive legal service possible.

Recent developments within the strata industry across the country have meant that the implementation of a national alliance of strata law firms will have a direct and meaningful impact on the efficiency and delivery of legal services in this industry. Indeed industry growth and consolidation have seen an emerging trend of strata management businesses operating across multiple jurisdictions.

A number of other states and territories, particularly the ACT, have recognised the need to modernise regulatory arrangements for the strata sector and are keen to see the various jurisdictions brought into line.

JS Mueller & Co strata lawyer, Adrian Mueller, says that, for example, “ACT strata laws are quite different from strata laws in other jurisdictions. The ACT Unit Titles Management Act has some unique provisions”.

Adrian’s extensive expertise has seen him deliver ground-breaking papers and seminars to strata lawyers and managers throughout the country − a definite asset to the services offered by the Strata Lawyers Australia alliance.

It is Adrian’s recommendation that comprehensive legal advice is always obtained from a specialist in the relevant jurisdiction when dealing with contentious strata issues, particularly in light of the significant variations nation-wide.

National consolidation in the strata industry will see growth in the number of strata management businesses and law firms operating across borders including through strategic alliances such as Strata Lawyers Australia. And consolidation of national licensing is expected to bolster confidence among strata managers and make strata communities a more viable option for our ever-expanding population density, but will almost certainly require continual monitoring and ongoing legislative reform well into the foreseeable future.

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

Traditionally, keeping animals in apartment or unit buildings have been sternly frowned upon.

Rigid by-laws (the rules governing the day-to-day ‘housekeeping’ of the strata scheme) imposed by owners corporations have tended to be rigid and often subject to change at very short notice − and often not generally in favour of the tenant − and have led to many unfortunate events occurring where ‘hidden’ pets have been revealed in the most unpleasant circumstances, resulting in hefty fines and/or fractured (or terminated) living arrangements.

And with an estimated one in five people in New South Wales living within a strata scheme, the chances of a potential (or current) tenant owning a pet are high.

Essentially, pets should not be kept in strata accommodation without owners being sure of the relevant pet by-laws and obtaining the necessary approvals.  Pet owners are affected by both their strata community’s by-laws and their state legislation (although owners corporation consent is not necessary to keep a guide dog in a strata scheme).

When renting in a strata building, the by-laws should be reviewed and the real estate agent should confirm with the landlord of the property whether a pet is allowed. When buying, the terms of the by-laws should be confirmed with the owners corporation, and those terms should be explained to the purchaser by an experienced strata lawyer prior to entering into a contract.

Under recent legislation reviews in New South Wales, the NSW Fair Trading Minister has confirmed that changes to the legislation include default by-laws being altered so that pets will be allowed, subject to ‘reasonable’ approvals and conditions set by executive committees, or owners corporations.

However, if an existing strata scheme has a by-law which bans pets that ban remains in place under the new legislation. Equally, if an existing strata scheme wishes to allow pets, a by-law will still need to be voted in. If a new strata scheme wishes to ban pets it can do so by introducing such a by-law, if a 75% majority vote is obtained.

Adrian Mueller,  specialist strata title lawyer with Sydney’s JS Mueller & Co, says “that the changes will have an impact on new strata buildings as the new laws will apply to them. But the new laws will not apply to existing buildings unless owners corporations choose to adopt them.”

A professional speaker at forums on strata law for strata managers state-wide, Adrian says, “often people do not bother to check the by-laws before moving into an apartment. This is foolish and can lead to significant and expensive problems for pet owners.”

With by-laws and state legislation being updated regularly, the advice from JS Mueller & Co is that pet owners should always obtain a copy of their strata by-laws from the owners corporation and legal advice should also be obtained. Should a dispute arise assistance is also available from the relevant state government department, NSW Fair Trading.

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