The NSW Government has made a number of important changes to the Strata Schemes Management Act 2015 (Act).

Sustainability Infrastructure, Voting and Proxies

On 24 February 2021, changes to the Act commenced that:

• Make it easier for a lot owner or owners corporation to install “sustainability infrastructure” on common property such as solar panels and electric vehicle charging stations. A lot owner or owners corporation will be able to install “sustainability infrastructure” on common property if a “sustainability infrastructure resolution” is passed by a simple majority (i.e. 50% or more) at a general meeting;
• Prevent an owners corporation making available for inspection any record that would disclose how an owner voted in a secret ballot unless the owners corporation is directed to do so by NCAT or a court;
• Enable a lot owner who owns more than one lot to nominate one individual to act as a proxy for all the lot owner’s lots.

Fines

Since 1 July 2021, NCAT has had the power to order a person to pay a penalty of up to $5,500 where the person has breached an order by NCAT.

Pets

From 24 August 2021, an owners corporation will not be able to have a by-law which unreasonably prohibits the keeping of an animal on a lot. Further, it will be deemed reasonable to keep an animal on a lot unless keeping the animal unreasonably interferes with another occupant’s use and enjoyment of the occupant’s lot or the common property. Those changes codify the decision of the NSW Court of Appeal in Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250 in which it was held that a “no pets” by-law is unenforceable.

If you need any assistance with updating your by-laws or navigating the new laws please contact us here, we’re happy to assist.

Pets by-law expert, Adrian Mueller, Strata Lawyer talks pets with LookUpStrata in this recent webinar, covering the recent ‘Cooper’ case:

1. How will you respond to the recent decision of the Court of Appeal in the Cooper case which says that a by-law prohibiting pets is invalid?
2. Will you wait for the dust to settle before deciding what you will do?
3. Or will you act now and change any by-law that prohibits pets?

As well as delving into this recent case and what it means for you, Adrian has also covered Q&A’s specifically focused on the topic of pets in NSW strata buildings.

NEED A PETS BY-LAW REVIEW CLICK HERE NOW!

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.

How will you respond to the recent decision of the Court of Appeal in the Cooper case which says that a by-law prohibiting pets is invalid?

Will you wait for the dust to settle before deciding what you will do?  Or will you act now and change any by-law that prohibits pets?

Any owners corporations that wait for the dust to settle following that decision before changing their pets by-law may well live to regret that decision.

In this article we take a closer look at each of different approaches and recommend why playing the waiting game could be your undoing.

Read the full article here: Why is it important to update your pets by-law NOW?

CONTACT US HERE TO REVIEW YOUR ‘NO’ PETS BY-LAW

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.

Recent Court and NCAT decisions and changes to strata laws have impacted on the validity of many by-laws.

This means that it is now essential to again review your strata scheme’s by-laws.

In this article we take a look at the types of by-laws that need to be reviewed due to these recent cases and changes to the law. These include:

• No Pets By-laws
• Short Term Letting By-laws
• Abandoned Goods and Illegally Parked Vehicles By-laws
• No Smoking By-laws
• No Hard Floor Coverings By-laws
• Prohibiting Business Activities in Lots

The full article can be reviewed here: Strata Law Changes Means By-law Reviews

Did you know there are only 58 days until Christmas day? To ensure you have the right by-laws in place for the festive season click below now and we’ll be in touch.

NEED A BY-LAW REVIEW CLICK HERE NOW

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.

Where do we now stand when it comes to strata living and pet by-laws?

Pet ownership in strata is a contentious issue, especially in strata schemes where a majority of owners do not support the keeping of pets.

But can the majority of owners decide to make a by-law banning pets?

NCAT has recently weighed in on the debate and provided clear guidance on the validity of “no pets” by-laws.

In this paper we discuss:

• Ownership of Pets in Strata Living
• NCAT’s Decisions
• Harsh, Oppressive or Unconscionable By-laws
• What Does it all Mean – the Broader Implications

Strata living and pet by-laws –  Where do we Now Stand?

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

Although our pets aren’t getting sick, COVID-19 is changing the lives of pets especially for dogs living in apartments.

There’s lots of discussion regarding pets as more people work from home. Dogs in isolation not going for their regular walks, exhibiting destructive and anxious behaviour, increased barking or difficulty settling. Then there are the complaints from all the non pet owners.

So can pet’s be banned from living in strata?

In at least two cases late last year, NCAT decided that “no pets” by-laws were invalid.

So, are pets by-laws banning the keeping of pets no longer worth the paper they are written on?

Given its importance to many strata buildings across the State where does this leave “no pets” buildings?

What about the basic habitation rights of owners who want to live in a “pet free” building?

Where does this leave “no pets” buildings?  Pet By-laws – Is it the End of No Pets By-laws?

Need a pet by-law or some advice during COVID-19 contact us now!

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

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.

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.