From sunset clauses to cooling-off periods, changes to the strata laws are being considered all over Australia.

The first cab off the rank will be modifications to the Victorian strata laws, due to be implemented in the next couple of months. These changes will bring some of those laws into line with NSW strata laws.

Some proposed changes include:

1: Sunset Clause

The new laws will clean up the ‘sunset clawback’ regulations. The laws will  prevent property developers from deliberately delaying the completion of buildings, in order to invoke the sunset clause.

No longer allowed will be the cancelling of contracts and the readvertising of properties on the market, at a much higher price.

Get out clauses will also be introduced for people who’ve bought properties off the plan, and discovered their completed apartment is substantially different from what they’d agreed to buy.

2: Cooling Off Period

The cooling off period will be extended from five to 10 business days with limitations on the vendor’s ability to get purchasers to sign those rights away.

3: Proxy Farming

Committees will be reduced from 12 to seven members with restrictions on proxy farming and committee proxies.

 4: Voting Rights

Lot owners voting rights on contractual limitations will be banned. It’s also yet to be seen if this will affect the vetos on short term letting often pre imposed on purchasers of new buildings.

 5: Levies

Lot owners who default in paying their levies will incur more debt recovery costs but, on the other hand, for those people suffering hardship payment plans can be arranged.

 6: Renovations

Owners corporations will be able to set conditions under which renovations must be conducted, clamping down on rogue renovators, while rules that unreasonably prohibit the installation of sustainability measures will be invalid.

7: Smoke Drift

Rules to combat cigarette smoke drift will be allowed and residents made responsible for their guests’ behaviour, including being fined for any breaches.

 8: Penalties

Maximum penalties for rule breaches will be increased to $1,100, with the fines paid to the owners corporation. Voting thresholds for legal action will vary, depending on the level of courts involved.

If these laws are accepted,  we’ll see a huge step closer to a uniform set of national strata laws.

More Information

You’ll find more information (and proposed laws) at consumer.vic.gov.au/OCBill. These regulations reflect many of the NSW laws in place and how they’ll roll out nationally.

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

Can the strata committee approve repairs which alter, add to or improve common property?

The strata committee is generally able to organise maintenance and repairs to the common property. But what happens when maintenance or repairs alter, add to or improve the common property? Can the strata committee approve work of that type without the authority of a special resolution passed at a general meeting?

Read the full legal analysis here – Common Property Maintenance / Alterations

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

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.

Key reforms to support residents living in nearly 2,200 community, neighbourhood and precinct schemes in NSW have been unveiled in a new community schemes law reform position paper.

A snapshot of the proposed changes includes:

• Helping associations to monitor and fund property maintenance by requiring a builder or developer to provide a building maintenance schedule at the first annual general meeting.
• Limiting proxy votes to prevent an individual or small group controlling a scheme.
• Streamlining by-law enforcement; making it easier to penalise serial offenders and recover enforcement costs.
• Boosting industry professionalism and the responsible management of schemes through strengthened accountabilities, including new disclosure requirements.
• Providing opportunities for tenants to be represented at meetings.
• Accommodating online technology to help schemes communicate and operate efficiently and effectively.

To find out more visit the review of the strata and community scheme laws where you can read the positioning paper giving details on the reforms.

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