One year later… what are the 5 biggest impacts of the new strata laws?

In this interview with LookUpStrata, Adrian Mueller, partner, JS Mueller & Co addresses the top 5 new strata laws and the changes to owners corporation fines and how they’ll affect you.

Click on the video below to view Adrian’s interview with Nikki from LookUpStrata as he discusses the following:

1. New Strata Laws in Relation to the Way in which Owners will be Able to Vote at Strata Meetings
2. Prohibition on Proxy Farming
3. Renovations
4. Undesirable Habits
5. Removing Abandoned Goods

And, body corporate fines and the 3 main changes.

The full article can be viewed at LookUpStrata.

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

Owners Corporations and strata managers in NSW sometimes wonder how they can recover outstanding strata levies from owners of strata units who have disappeared and are nowhere to be found. Well, do not be disillusioned.

Muellers has now given hope to owners corporations and strata managers and has proved the naysayers wrong acting in what has been widely reported as the first ever sale of a strata unit by the NSW Sheriff.

In the recent case of The Owners-Strata Plan No. 7396 -v- Siak Hong law (unreported), in which Muellers acted for the successful owners corporation, the Supreme Court of NSW ordered that documents be served on a unit owner who was unable to be found, via substituted service orders.

More importantly, the Supreme Court also ordered the NSW Sheriff to sell the owner’s unit by a certain date to ensure the sale of the unit and recovery of overdue levies was not delayed.

This case shows that overdue levies can be recovered from an errant unit owner and that it is possible to force the Sheriff to sell a strata unit to ensure that overdue levies are paid to an owners corporation.

The outcome we achieved in the case was the result of much hard work, sheer determination and a never say die attitude to demonstrate that even in the most difficult cases it is possible for overdue levies to be recovered.

Setting a precedent, the case was also picked up by mainstream media:

• Sale of apartment owned by monk who disappeared overseas sets legal precedent
• Merry chase for mystery Malaysian monk who renounced his ‘worldly possessions’

At Muellers that is the approach we take to all our levy collection matters and that is why we are widely regarded as the leader in strata levy collections.

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

In a landmark ruling, NCAT has ordered an owners corporation to pay compensation to an owner for water damage to the owner’s unit caused by defects in the common property.

This ruling indicates that NCAT is able to resolve strata disputes by making compensation orders.

But has NCAT got it wrong? Read on to find out: NCAT Orders Owners Corporation to Pay Compensation

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

Be aware that the deadline for owners corporations to review their by-laws under the new Strata Schemes Management Act 2015 is fast approaching with only 66 business days remaining.

The Act states that owners corporations have 12 months to review and register any current by-laws. This means every owners corporation must review their by-laws by the deadline of 30 November 2017.

For the next 66 business days, owners corporations that have not already done so are meant to consider whether to:

• Introduce new by-laws
• Amend any existing by-laws
• Repeal any by-laws

At JS Mueller & Co we have done hundreds of by-law reviews since the commencement of the new Act. We often recommend that new by-laws should be considered for the following topics:

• Airbnb
• Smoking
• Minor Renovations
• Major Renovations
• Common Property Memorandum
• Proxies
• Electronic Voting

Plan Ahead NOW. Don’t wait until it is too late.

Fixed Fee By-laws

Get your by-law review done now.We can review your by-laws in detail, suggest amendments to the existing by-laws and recommend new by-laws. We do all of that for a fixed fee. for your fixed fee by-laws.

Click here NOW for a fixed fee by-law review.

Template By-laws

We have developed a range of by-laws that cover various topics.

Order a copy of our by-law templates here NOW Strata By-law Templates

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

Can an owners corporation be forced to make modifications for disabled residents in its strata scheme?

Does it depend on the specific circumstances of each strata scheme?

Read on to find out: Strata Disabled Access

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

Does a strata committee have the power to make decisions on behalf of an owners corporation?

Should you save yourselves a vote next time a clause in a by-law or a condition in an agreement refers to the approval of the owners corporation?

To vote or not to vote read on to find out Strata Voting and Meetings

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

We all know an owners corporation must maintain and repair common property in its strata scheme.

However, what happens when an owner alters the common property without the consent of the owners corporation?

Does the owners corporation have to repair that common property?

Read on and find out who is responsible for repairing that common property? Strata Unauthorised Works

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

At JS Mueller & Co we know how to poke the bear!

How, you ask?

Well, we know how to approach or should we say, poke, a lot owner who does not pay their levies on time.

Knowing the right approach can often reap the rewards. That’s where JS Mueller & Co’s 40 years experience comes in handy.

There are many types of bears but in general, we can narrow them down to three types. Check them out here:  Levy Debt Collections

Need a levy collection debt recovery or strata law advice contact JS Mueller & Co today on 02 9562 1266 or click here now.

PS: No bears were harmed in the making of this :).

The Supreme Court has ordered an owners corporation suing its former lawyers to give security for the costs the lawyers will incur defending the case and has halted the case until the owners corporation does so.

In Court cases, the loser is normally ordered to pay most of the winner’s costs.  But what happens if the eventual winner is fearful that the loser will not be able to pay its costs?

Is there anything the winner can do to halt the case before it incurs substantial costs fighting the case?

This decision is a game changer.  Read on to find out why… Owners Corporation Security Costs for Building Defects

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

Are you aware that it’s now less than 12 months before owners corporations must comply with another new law?

That’s right, in NSW, window locks must be installed on windows by 13 March, 2018. Otherwise, owners corporations will face hefty fines if requirements are not met by the due date.

According to Westmead Children’s Hospital around 50 children fall from windows and balconies every year. To reduce the risk of these incidents occurring the Strata Schemes Management Act (for existing buildings) and the Building Code of Australia has been amended (for newly constructed buildings).

To ensure you comply by the due date we suggest taking this approach:

• Make it a priority – ensure it’s an agenda item at your next meeting
• Determine if a window lock by-law is required
• Obtain a child window safety report, this will determine what windows require locks
• Review window lock options to determine what the best options are for the building and its residents
• Obtain window lock quotes and approval for works to be carried out
• Complete the required installations
• Ensure that a ‘Certificate of Compliance’ is obtained from the installer

Did you also know?

• Lot owners may install window safety devices in their property at any time, but they must advise the owners corporation and, if you have a by-law in place lot owners must comply.
• Tenants must get written permission from their landlord before installing any locks that require drilling to install them. If any landlords refuse the tenants installing locks they must provide a valid reason.

Remember, leaving it to the last minute places your scheme at risk of not complying by the due date. So, to avoid incurring a hefty fine, ensure it’s an agenda item at your next meeting (if you haven’t already done so).

For further information on the new window lock requirements visit – Fair Trading NSW.

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