In a recent decision, NCAT has confirmed that it is business as usual and that appeals against decisions of Strata Adjudicators will continue to be dealt with by NCAT in the same manner, even though strata adjudications have been abolished under the Strata Schemes Management Act 2015.

Introduction

The Strata Schemes Management Act 1996 (old Act) allowed Strata Adjudicators to make orders to resolve strata disputes. On 30 November 2016, the old Act was repealed and replaced by the Strata Schemes Management Act 2015 (new Act).  The new Act abolished strata adjudications.

However, there were still strata adjudications pending at the time the old Act was repealed and decisions of Strata Adjudicators under the old Act continued to be made up until recently. This created uncertainty as to whether or not a party dissatisfied with a decision made by an Adjudicator could appeal against the decision after 30 November 2016.

To read the full article – NCAT Clarifies Appeal Rights Against Decisions of Strata Adjudicators

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

Great news!

LPI NSW has updated the Registrar-General’s directions concerning the requirements to register a Consolidation/Change of By-Laws.

The Registrar-General’s directions now state as follows:

A consolidated version of the by-laws affecting the strata scheme must be included as an annexure, incorporate the change that is referred to at panel (E) and include any model by-laws.

Note: It is not acceptable to annex previously registered Change of By-laws forms as if it is a consolidated version.

It is suggested that a consolidated version:

• omit all by-laws that have been previously repealed,
• include all by-laws that have been previously added, and
• include all other by-laws as previously amended, or
• set out in some other way that lists the by-laws that currently affect the strata scheme.

For further information please refer to – LPI NSW Government

A separate Registrar-General’s direction for ‘Consolidated By-Laws’ now says the following:

The following requirements must be complied with:

• The new change of by-law must be made in accordance with a resolution of the owners corporation and a completed Consolidation/Change of By-Laws dealing form (Form 15CH) must be lodged at LPI not more than 6 months after the passing of the resolution to make the by-law  (See section 141 Strata Schemes Management Act 2015).
• A consolidated version of by-laws, which incorporates the new change of by-laws, must form an annexure to the Consolidation/Change of By-Laws dealing form (Form 15CH).
• The consolidated version must include those by-laws lodged with (referred to as ‘developer by-laws’ or ‘strata by-laws’) or adopted (Model By-laws)  by the scheme on the registration of the strata plan together with any changes to those by-laws made since the registration of the strata plan. The text of the by-laws must be fully set out.
• Where the Common Property Memorandum prescribed by the Strata Schemes Management Regulation  is adopted:
  – it may be included by reference only if the Common Property Memorandum is adopted in full and without any modifications as follows: “The Common Property Memorandum prescribed under clause 27 Strata Schemes Management Regulation 2016 has been adopted as a by-law”; or
  – where the Common Property Memorandum has been modified as provided in s. 107(3) Strata Schemes Management Act 2015,  the full text of the Common Property Memorandum as modified must be included.
• Every subsequent change of by-laws will require a new consolidated list incorporating the change to accompany the Consolidation/Change of By -Laws form.
• The Registrar General may waive the requirement to lodge a consolidated version (see clause 24(3) Strata Schemes Development Regulation 2016). A letter setting out the circumstances for assessment by the Registrar General must accompany the dealing.

For further information please refer to – LPI NSW Government

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

Nikki Jovicic, LookUpStrata interviews Adrian for the ‘Strata Snapshot Series’.

In this interview, Adrian addresses the NSW Strata Reforms and the new strata laws, looking at how the top five ways the new laws and the changes to body corporate fines will affect you.

For more information visit New Strata Laws and How Fines will Affect Body Corporates

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

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

NSW Fair Trading recently announced the commencement date for the new Strata Schemes Management Act 2015 which will come into effect on 30 November 2016.

A key challenge for strata managers, tenants and owners to ensure they’re across the 90 odd changes, bringing strata into the 21^st century.

However, not so for the new building defect bond scheme which will commence on 1 July 2017, allowing for builders, developers and the strata community time to prepare for, and comply with the changes.

The reforms will benefit more than two million people in NSW who manage, own or live in strata.

The final details of the new laws will be published in the coming weeks.

For more information on the new laws 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.

Over 90 new strata laws will come into play later this year and of the 90 these are some changes that will most likely make a difference to your everyday.

1. Parking

Owners corporations will be able to reach agreements with local councils to allow parking officers into their schemes to issue fines to rogue parkers. Not only rogue parkers but residents who park over the lines of their parking spaces on to common property or leave their cars in visitor parking (however briefly) could also be ticketed. Read more here.

2. Fines

Almost all fines will be paid to the owners corporation, but this won’t be a cash cow for over-zealous committees; they still have to go through the same tribunal process. Read more here.

3…to read the new ‘top ten’ click here – New Strata Laws – Top 10

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.

New strata by-laws allowing pets in units, managing illegal parking and curbing smoking on apartment balconies are part of the biggest overhaul of strata laws in more than 50 years. Set to come into play 1 July this year, what do they mean?

 Pets

The new changes to pet strata by-laws will have an impact on people living with pets. Under the current model there are 3 options and these will change come 1 July. The current options are:

1. Owners corporation to approve pets (except fish), but approval cannot be unreasonably refused.
2. Owners corporation to approve pets, some pets are allowed without approval, the owner must advise the owners corporation if they are keeping a cat, dog, caged bird or fish, but approval cannot be unreasonably refused.
3. No pets allowed.

Note: Currently if the owners corporation chooses no option it will default to option 1.

What happens post 1 July?

The new strata by-laws will not remove a scheme’s ability to make its own rules about pets. However, if the new model by-law is adopted, the request to keep a pet cannot be unreasonably refused. If the owners believe approval was unreasonably withheld, they can apply to the Tribunal.

For more information – Fair Trading Strata Law Reforms

Parking

Drivers who illegally park in visitor bays of strata communities could soon be slapped with $550 fines by the City of Sydney Rangers if a plan to crack down on non-approved parking takes hold.

This strata reform will assist to reduce one of the most common disputes concerning unauthorised parking by residents misusing visitor parking spots, or outsiders with no connection to the strata scheme parking on common property without prior approval.

So, how will it work?

A scheme will need to enter into an agreement with an authorised council which will allow them to enter the property, erect signage and issue fines. It’s not mandatory; schemes have a choice as to whether they wish to enter into such arrangements.

For more information read – Better Parking Control

Support for smoke-free multiunit living is on the rise, particularly with people living with children and it’s predicted that it’s only a matter of time before most strata buildings go smoke-free.

The NSW Government has said that the new strata laws would make clear that smoking and second-hand smoke exposure could constitute a nuisance that could be outlawed.

How can it be imposed?

Simply, an owners corporation can make a strata by-law banning smoking throughout an entire strata building. Orders can also be made against residents who smoke or allow their cigarette smoke to drift into other units, and landlords can be held liable to their tenants for second hand smoke exposure.

To read the full article written by partner, Adrian Mueller click here – Wake up and Smell the Smoke

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.

As the holiday season arrives, we’d like to take this opportunity to thank you for your support. It is through the satisfaction and loyalty of our clients that we can truly be a success at what we do!

Thanks to you, the Muellers team have been busy helping communities throughout 2015…

New Laws

The new strata laws will kick-in 1 July 2016, so, if you are looking to speak to a team of experts in strata law, we’d be happy to help. The Muellers team has over 130 years’ combined experience so you know you will be speaking to a team with knowledge and experience.

In fact, the Muellers team resolved hundreds of strata legal matters during 2015 including litigation and dispute resolution, building and construction, strata disputes, strata by-laws, levy recovery, management and property development.

And did you know we can also assist with conveyancing, wills and estate planning, and commercial leasing?

Millions of Dollars

We also understand that raising and receiving funds for building maintenance and scheme administration is fundamental to an efficiently-run scheme. That’s why, in 2015, the Muellers team collected millions of dollars in outstanding levies.

Access 24/7/365

Based on feedback from our clients, we also enhanced our levy collection service with a new online system ‘Levy Collect’, making it even easier for you to access your matters 24/7/365, anywhere, anytime from your desktop, laptop, tablet or smartphone….giving you back time to focus on other things.

No strings attached!

Anyone who would like to trial our new online ‘LevyCollect’ app can do so by sending an email to jsmmarketing@muellers.com.au and we’ll be in touch week commencing 11 January 2016 with the details.

And that’s the wrap-up…

We are taking a holiday break from 23 December 2015 and return on 11 January 2016.

We look forward to working with you in 2016.

We wish you and your families a safe and happy festive season!

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

In September 2015 the JS Mueller & Co team presented at a forum to the strata industry the new proposed strata laws.

• James Moir: By-laws – How will they operate under the proposed laws?
• Adrian Mueller: Meetings – What are the changes under the proposed laws?
• Iain Fairholm: Strata Managers – How will the proposed laws affect you?
• Faiyaaz Shafiq: Levy Collection – Procedural change?
• Bruce Bentley: Building Defects – What impact will the proposed laws have?

Since the forum, it has been announced that the new strata laws will come into operation on 1 July 2016.

On 29 Oct 2015, the New South Wales Parliament passed the new Strata Schemes Management Bill 2015 and the Strata Schemes Development Bill 2015.

Papers and presentations are available to view here:

JS Mueller & Co Forum Presentations_Sept15
JS Mueller & Co Forum Papers_Sept15

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

FAST-TRACK YOUR BY-LAWS – For almost 40 years JS Mueller & Co has proudly built a reputation for providing superior strata legal services.

Our highly-skilled team of specialist strata lawyers has unparalleled knowledge and experience of the strata law that allows us to respond to your by-law requests within 7 days*.

Click here for more information – 7 Day Strata By-laws*

For 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.