The NSW Supreme Court recently found a Local Council which acted as the certifier of a house, liable to the homeowner for structural defects.
This case offers hope to owners corporations whose buildings are affected by building defects.
To read the full article – Building Defects Certifier Liable
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
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:
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.
The recent media attention concerning smoking in strata buildings reached a fever pitch when NCAT ordered the landlord of a strata unit in Potts Point to pay compensation to his tenant.
The NSW Government said that the new strata laws would make clear that smoking and second-hand smoke exposure could constitute a nuisance that could be outlawed.
So, what can be done about smoking in strata buildings? Can smoking be prohibited? Perhaps a smoking by-law, let’s find out.
For more information read – Smoke Drift By-laws
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
On 29 Oct 2015, the New South Wales Parliament passed the new Strata Schemes Management Bill 2015 and the Strata Schemes Development Bill 2015. These new laws will come into operation on 1 July 2016.
The new legislation contains around 90 changes to the existing laws, some of which are said to be controversial, and only time will tell what effect it will have on the strata landscape in NSW.
Minister for Innovation and Better Regulation, Victor Dominello, said in his contribution to the debate: “Today more than two million people live and work in strata. The new laws will cater for the needs of 21st century strata living,”
He further stated that: “The new laws will modernise collective decision making processes, increase protections against unresolved building defects and improve outdated regulation impacting on renovations.”
Like any Act of Parliament, there are regulations that work hand in hand with the Act. Public consultation on the draft regulations to accompany the new Acts, including model by-laws, will commence in early 2016. When that consultation begins we will provide more information about the proposed regulations.
Further information: www.fairtrading.nsw.gov.au
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
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.
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.
Short term lettings might void strata insurance policies leaving no cover for property damage caused to strata apartments and common property by unruly tennants.
This issue came to the fore again last month when a Canadian couple returned to their property to discover it had been wrecked by visitors who had booked the property via the popular Airbnb site.
Unfortunately, short term lettings of strata units are becoming a major contributor to building disharmony with the current law not providing effective solutions.
At JS Mueller & Co we believe each building is different and that the problem of short term lettings can only be dealt with properly by way of specific by-laws giving owners corporations greater powers to deal with the problem.
For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.
Strata law reforms in NSW will be further delayed with changes now not due to come into place until July 2016.
The plan to reform the state’s 50-year-old strata laws was first flagged in 2011 but a series of ministerial changes have hampered the process.
For further information see – SMH and Strata Law Reforms
For NSW strata legal or levy collection advice 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.