Owners Corporations Can Make it Simpler

Did you know that the information an owners corporation has about their owners can actually make it much simpler for us to act more effectively in recovering strata levies?

To assist you with the details that can help us, the team at JS Mueller & Co has developed a handy list of items for consideration when briefing your next strata levy debt recovery instruction:

  1. If you know that the unit is tenanted but the address for service of notices is at the unit, let us know, particularly if you’re aware of whom the real estate agent is.
  2. When advising your levy recovery person to enter Judgment and take the next step, the following information can greatly assist:
  •  Details of where the lot owner works so JS Mueller & Co can organise to garnishee their wages – much cheaper and more effective than a Sheriff.
  • Details of their motor vehicle type and registration number and a time they’re normally home – this will make it easier for the Sheriff to seize goods.

Historically when matters have been difficult to serve, the information an owners corporation has access to, can assist us greatly in a successful and quicker levy debt recovery.

Here are some examples of how information has assisted JS Mueller & Co in faster recovery of strata levies… who would have thought!

 Hockey Training

We’ve successfully served a guy with a Statement of Claim (SOC) at hockey training.  All because the owners corporation advised us that he rode his bike once a week to hockey training.

Pony Club

JS Mueller & Co was able to serve another woman at Pony Club when we were advised by an owner/occupier that she stored her Pony Club stuff in the garage.

So, you can see little pieces of information an owners corporation knows about a lot owner can provide us the little piece of magic we need to get a successful result.

Keep the list above in a handy place for when you next provide a levy debt recovery instruction.

Our levy collection service is available across regional and metropolitan NSW so let us know if you need any assistance with levy recoveries, we’d be happy to assist.

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




You May Have Heard There’s Been a Delay!

The NSW Government recently announced the delay of the strata building bond and inspection scheme.

Originally announced to start 1 July 2017 the commencement date has now been revised to 1 January 2018.

The delay is to allow for issues arising from the consultation phase to be addressed.

Please refer to the Building Defect Bond Scheme for further information.

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




Are House Rules Binding? This will Surprise You!

 House rules are not binding right?  You might be surprised.

The rules which govern participation in a strata scheme are called by-laws.  By-laws are made by a developer on registration of a strata plan or by an owners corporation by special resolution passed at a general meeting. By-laws are registered on the title of the common property and are binding on the owners corporation and owners and occupiers of the lots.  If by-laws are breached, they are able to be enforced.

By-laws are registered on the title of the common property and are binding on the owners corporation and owners and occupiers of the lots.  If by-laws are breached, they are able to be enforced.

But…what about rules that are made by a strata committee and placed on a notice board? Strata Rules and By-laws

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

 




NCAT Clarifies Appeal Rights Against Adjudicators

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.




Faster Strata Levy Collection Debt Recoveries

Did you know that JS Mueller & Co can save you loads of time and money and recover your strata levy arrears faster?

How, you ask?

We have been recovering strata levies for over 30 years so we know all the tricks!

We have paralegals who do nothing but levy debt collection. They often spend an enormous amount of their day researching a bad debtor to find information to allow you to recover overdue levies faster.

To find these details we’ll spend time searching for any media articles, reviewing social media sites and generally hunting around the internet for any clues as to their place of work and living arrangements and, any other information which will help us locate the debtor.

This often turns up information about a debtor’s employment or tenant. We then use that information to contact the debtor, issue garnishee orders or just to get your levies paid quicker!

So, how can JS Mueller & Co save you time and money in the levy collection debt recovery process?

It’s simple. Often you’ll already know this information and if, at the time of instruction these details are provided to us that will save time and money, resulting in much faster levy collection debt recoveries.

Here’s a quick list of the helpful information about a debtor you can provide us, that’s if you know them, when providing your next levy collection instruction to us.

  • Employment Details
  • Tenant Details
  • Real Estate Agency
  • Real Estate Property Manager Details
  • Media Stories

Click here for the full details of the new Levy Collection New Laws.

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




The Most Significant Strata Cases of 2017

Adrian Mueller, partner, recently presented a paper about the most significant strata cases in NSW over the last 12 months, at the 12th annual conference of the ‘Australian College of Community Association Lawyers’ (ACCAL) – the peak body of strata lawyers in Australia.

To view Adrian’s presentation and strata cases click here 2017 Strata Case Presentation and 2017 Strata Case Papers.

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




What are the New Works By-laws?

Current NSW strata laws can make it challenging for owners to carry out minor renovations to their lot, however, come 30 November 2016, there’s good news as the new reforms will provide clearer, common sense approvals for owner renovations.

The new laws will recognise three kinds of renovations:

  1. Cosmetic – strata owners will be able to carry out cosmetic work with no approval
  2. Minor – a simple majority resolution will be required to approve minor renovations
  3. Major – a special resolution and approval is required for major work

Read the Works By-laws and NCAT paper here or purchase your Strata By-law and Meeting Notice Templates now!

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




Is Change in the Air for Short Term Lettings?

There has been considerable recent media coverage concerning proposed changes to laws regulating short term lettings in apartment buildings in NSW.

Many in the media are saying that owners corporations are going to lose the right to prohibit short term lettings in their buildings. Is that right? What does the NSW Government really have in store for short term lettings?

To read the full article – Short Term Lettings – Changes in the Air

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




Will NSW Parliament Legalise Short Term Letting?

Is the NSW Parliament about to legalise short term holiday lettings?

It’s proposed that some types of short term holiday lettings should become legal in NSW without needing the approval of the local council or the owners corporation if the City of Sydney has its way.

View the full article here now – Short Term Letting Changes

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




112 Days Until a New Era for Strata!

Approved and commencing on 30 November 2016 the new strata laws will come into play.

The final Strata Schemes Management Regulation 2016 will be published on the NSW Government Legislation Website.

You may also read the final Strata Schemes Management Regulation 2016 here.

These new laws will give strata communities the tools to effectively run their scheme and shape their own by-laws.

Complying with the laws
Some of the new requirements have a transition period, giving strata schemes time to comply. An example includes strata managing agent appointments, which continue for a period after the laws commence (for the duration of the term of appointment (up to a maximum of 3 years), or 6 months after the new laws start – whichever is the later).

The new building defects bond requirements will start on 1 July 2017 (and only applies to new strata schemes). This will allow for the new Australian Standard for inspecting group title buildings to be adopted as the standard for the defects inspections.

Next steps
If you own, rent or manage strata, become informed and help your strata scheme or clients to prepare by sharing the link to ‘Major Changes to Strata Laws‘ information. You can also read the media release –  A New Era for Strata.

NSW Land and Property Information (LPI) is due to release the final Strata Schemes Development Regulation 2016 later this year.

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