New Rules on Strata Meetings and Voting

Under the new strata regulations, proxy voting will prevent any individual attempting to control owners’ decisions by obtaining a majority of proxy votes.

The number of proxy votes able to be held by one person will be limited to:

  1. Schemes – 20 lots or less

For schemes with up to 20 lots, a person will be permitted one proxy vote.

  1. Schemes – more than 20 lots

For schemes with more than 20 lots, a person will not be able to hold proxies for more than 5% of the total number of lots in that scheme (rounded down to the nearest whole number).

There is also an introduction of remote voting meaning owners need not be in the same country, let alone the same room, to cast a vote.

Telephone, video conferencing, email voting and even a voting website will all be permissible, with the approval of the owners corporation or strata committee.

Click here to read the full article – New Rules on Meetings and Voting

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




New Online ‘LevyCollect’ Service 24/7/365

Trial our new online ‘Levy Collect’ service today. Simply send an email to jsmmarketing@muellers.com.au and we’ll be in touch week commencing 11 January 2015.

Millions of Dollars

We 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.

FREE Trial

Anyone who would like to trial our new online ‘Levy Collect’ service can do so by contacting us and we’ll be in touch in 2016 with the details.

Trial our new service today by simply sending an email to jsmmarketing@muellers.com.au and we’ll be in touch week commencing 11 January 2015.

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




And That’s a Wrap Up Strata… 2015!

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.




NSW Beware thy Neighbour (and their Dog)

JS Mueller & Co partner and strata law expert, Adrian Mueller, shares the following case  Frankel – v – Patterson [2015] NSWSC 1307 with LookUp Strata Newsletter.

For more information read – Pet By-laws

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



Home Warranty Insurance and Your Rights

JS Mueller & Co Senior Lawyer and strata law expert, Adrian Mueller, discusses home warranty insurance in REINSW Strata Management Chapter News.

Adrian strongly expressed that knowledge is essential, especially when it comes to home warranty insurance and understanding what rights you have.

Click here now to view this case study which outlines the importance of  Home Warranty Insurance

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




Once an Icon – Now a Pile of Rubble

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.




11 Steps to Combat Short Term Letting

As any Airbnb (and similar sites) convert will attest, where there’s a spare bed, there’s money to be made. But while the rise and rise of short-term letting sites have delivered a windfall to many apartment-owners for some, its days – or nights – may be numbered.

Many residential committees are hitting back at apartment owners who sublet their lot’s, blaming loud parties and bad behaviour for the move to stamp out the unofficial ‘bed-and-breakfast’ businesses.

It’s apparent that many Australians are fed up with the issues surrounding short term letting and are looking for solutions.

Bruce Bentley, expert Strata Lawyer provides ‘eleven steps to combat short term living’ inclusive of case studies and a podcast. Click below to download his paper inclusive of case studies.

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




A decision Has Been Made…15 Months in Prison

Strata manager Rachael Kwawegen sentenced to 15 months in prison

A Sydney strata manager who stole more than $1 million from the apartment and business owners whose buildings she looked after has been sentenced 15 months in prison.

Please click here to read the full article – Strata Manager Sentenced to 15 Months in Prison

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

 




Neighbours Accessing Strata Schemes

Neighbouring properties often need temporary or permanent access to a strata scheme in order to develop their land – neighoubouring land access.

The usual scenario is that the neighbour contacts the executive committee or the strata manager, offering a simple form to sign to expedite the process. The neighbour will not voluntarily make any mention of liability, indemnities, compensation or other costs.

Most types of access only require an ordinary resolution at a general meeting. However, the registration of an easement (such as drainage easements, easements for services etc.) requires a special resolution, in accordance with section 26 of the Strata Schemes (Freehold Development) Act 1973.

Click here to download the full paper – Easements and Neighbours Accessing Strata Schemes

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