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.




Further Delays to Strata Law Reforms

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.




Complex Group, Strata & Community Title Law Reform

Bruce Bentley, partner JS Mueller & Co presented recently at a Legalwise Seminar ‘Strata & Community Title Law Reform’ and Complex Group Title.’

For more information read the paper here – Strata & Community Title Law Reform and Complex Group Title

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

 




SBS Chinese Radio – Multilingual Law Awareness

Cantonese speaking, JS Mueller & Co Lawyer, Clifford To, talks Strata Law with SBS Cantonese Radio, nation-wide.

If you understand Cantonese and/or have Chinese Cantonese speaking clients listen to the full radio interview here – Chinese Property Owners in Australia

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

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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




Strata Managers Forum – Adjudcations and NCAT

How are most strata disputes resolved? What is the difference between strata mediation and strata adjudication? How long does the process take? How much does it cost?

The NSW Government wants most strata disputes to be resolved quickly, cheaply, and out of court. For this reason an entire Chapter of the Strata Schemes Management Act 1996 (“Strata Act”) outlines, in considerable detail, a process for resolving most types of strata disputes.

This process typically involves, first, strata mediation, followed by strata adjudication, and then an appeal to the NSW Civil and Administrative Tribunal.

Click below to download the presentation and full paper on Strata Adjudications and NCAT from our April 2015 seminar:

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




Apartment Living in Sydney Set to Skyrocket

Owning a home once remained a priority within the hearts of Australians, recent societal findings reveal that it is no longer a requirement for many.

Demanding lifestyles including raising children, working, studying and fulfilling many other daily routines has created a culture where time is of the essence.

As the shift to apartment living increases, strata title developers are increasingly creating convenient, cost-effective and aesthetically pleasing designs for consumers. With developments such as Barangaroo and the Toga Group apartments within Chatswood and West Ryde, increased apartment style living is inevitable. 

Please click here to read the full article – Satellite Cities will be the Future for Metropolitan Areas

Don’t Lose Your Right for Compensation!

Did you know that if your strata scheme has building defects your rights to compensation are subject to strict legal time limits?

If your building is less than 7 years old we can help you navigate through the maze of defect, warranty and insurance claims.

We can provide you with comprehensive advice setting out all of your options for getting the defects fixed or recovering the cost of repairs. We can advise you:

  • Who to claim from?
  • How to go about it?
  • The time limits within which you must act

Miss the time limits – lose your rights!

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




We Wish You a Safe & Happy Festive Season!

From the entire JS Mueller & Co team we wish you a Safe and Happy Festive Season!

We are taking a short break from the 23rd December 2014 and returning on the 12th January 2015.

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266 and leave a message and we will get back to you on our return.




Owners Corporations’ Rights Vindicated

Last week the NSW Court of Appeal delivered two victories for owners corporations and in the process clarified the operation of important areas of the strata legislation.

The two victories involved:

  • Access Rights Being Confirmed – The Connaught Case
  • The Right to Start Legal Action Being Confirmed – The Gazebo Apartments Case

Click here to read these strata legal cases – Owners Corporation Rights Vindicated

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




Home Building Amendment Act NSW 2014 Delayed

Fair Trading NSW has confirmed that the 1 December 2014 commencement date for the NSW Home Building Amendment Act 2014 has been delayed to 2015.

The amendments will commence in two stages:

Stage 1:
It is anticipated that the critical change surrounding statutory warranties will commence mid-January 2015. The critical change to the warranties will be a shift from “structural defect” (which is the current position) to a warranty which will only cover a building defect which is a “major defect”.

If the defect is categorised as a “major defect” it will enjoy a 6 year warranty otherwise any defect which is not a major defect and/or a non-major item will only have a warranty for 2 years. The new definition of “major defect” will be more restrictive than the current definition of a “structural defect”. The new amendments will have retrospective effect.

Stage 1 will also have other amendments commencing mid January 2015 and they are as follows:

  1. For the first time, statutory warranties will be implied into subcontracts entered into by the principal contractor who undertakes residential building work. These changes will allow an owners corporation to enforce warranties as a successor in title against subcontractors.
  2. If a defect arises due to an owners defective design or specification the builder will not be held liable for that defect.
  3. Within 6 months the owner must notify the builder and the subcontractor of a defect. If the owner fails to do so such a failure may result in the reduction of any damages.
  4. Owners must not unreasonably refuse access to a builder who wishes to rectify the defect.
  5. Courts will be required to give priority to rectification orders as opposed to monetary orders.

Stage 2:
This stage will involve the provisions that relate to re-drafting of contracts. The contracts will have to comply with the amending legislation hence these will be dealt with in the second quarter of 2015.

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