Time Ticking on Government Funding for EV Charging

EV Charging – Grant Funding Deadline

Owners Corporations considering installing electric vehicle charging infrastructure in the strata scheme should be aware of the availability of grants from the NSW State Government to assist owners corporations with at least 10 apartments to install EV charging infrastructure in a common area.

The process takes place over two steps.

Step 1 – Feasibility Assessment

Owners corporations which believe they may be eligible can make application for a feasibility assessment. The cost for an owners corporation making an application is $2,000.00 plus GST. The New South Wales Government will cover any other part of the cost of the assessment process.

To be eligible, your strata scheme must:

be located in NSW;
be a registered strata scheme under the Strata Schemes Development Act 2015;
contain 10 or more apartments as a class 2 building;
have a private and/or common property visitor (or shared) off-street common property parking as part of the strata scheme;
have no more than 4 EV chargers already installed (for buildings with less than 40 apartments) or no more than 10% of the number of parking spaces for buildings over 40 apartments;
be able to implement EV charging infrastructure upgrades that can be accessed by all residents.

Step 2 – Grant Implementation

If the Step 1 feasibility assessment report is positive then the owners corporation will be invited to apply for Step 2 of the grants.

The owners corporation will firstly need to meet for the purpose of passing some necessary motions and to empower the strata committee to obtain quotes for the Step 2 works. Once those quotes are obtained then they are submitted together with some other documentation to the New South Wales Government for review, and once approved then the owners corporation can proceed to installation.

The government will fund 80% (up to $80,000.00 per building) of eligible infrastructure costs and will also cover 50% (up to $1,200.00 per building) of eligible software subscription costs for two years.

Act Now – Limited EV Government Funding

There is $10 million available to assist eligible NSW strata schemes, but it is on a “first come first served” basis.

It is therefore critical that if your owners corporation is considering undertaking works of this kind, that you begin to consider making application for the funds which may be available to you as soon as possible.

If your strata scheme requires assistance in any aspect of the process, for example in drafting the necessary motions to take the matter forward, then we would be happy to assist you.

We also specialise in EV by-laws should you require a new EV by-law or a review of an existing EV by-law.

Warwick van Ede I BEc LLM I Lawyer

Since 1990, Warwick has specialised in strata law, property law and litigation. Recognised for his expertise, he is also a NSW Law Society Accredited Specialist in Property Law. In 2021 he was selected to serve on the Property Law Committee of the Law Society of NSW. Profile I LinkedIn

Contact Us

For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist.

Your Strata Scheme is Being Sued for $850 Million

Lot Owner Claims Damages of $850 Million!

Generally we use these bulletins for educational purposes, but it’s getting toward that time of the year when everything goes a little crazy in the world of strata title, and so today the emphasis is on providing you with sheer relief that your strata scheme is not tied up with the sort of case in which a decision was recently made by the Supreme Court of New South Wales, where a lot owner commenced proceedings against the owners corporation claiming damages of $850 million!

The Strata Dispute Lot Owner Vs Owners Corporation

The dispute, between the occupant of an apartment located in Sydney and the owners corporation, began life as a tenancy dispute, but the occupant (tenant), having failed to enlist the support of the NSW Civil & Administrative Tribunal (NCAT), brought proceedings in the Supreme Court of NSW seeking among other things damages of $850 million against the owners corporation! You can imagine the insurer’s claims manager when that came through…

Needless to say, the proceedings in the Supreme Court of NSW were, to use the words of the Supreme Court Judge dealing with the final version of the proceedings, “frivolous and vexatious” and an abuse of the process of the Court. Notwithstanding this, the plaintiff lot occupant filed applications of various kinds in the proceedings, made scandalous allegations against the owners corporation’s legal representatives, court officials and even a judge of the Court.

At the heart of the lot occupant’s claim was the suggestion that the owners corporation had somehow been involved in a criminal conspiracy which allegedly caused the plaintiff loss and damage.

Finally, on the sixth application before the Court (some of those applications being interlocutory applications for stays, injunctions and applications for recusal of various judges) the entire application was dismissed and the lot occupant was ordered to pay the owners corporation’s legal costs on an indemnity basis. This means that the owners corporation was entitled to recover from the lot occupant not only the normal (“party/party”) costs but almost all the legal costs it had expended in having to deal with this application.

Conclusion

So as we head towards the end of the year, and if you are experiencing stress due to the matters which your owners corporation has to deal with, just remember – at least you haven’t been served with a law suit for $850 million!

If you do have issues in your strata scheme JS Mueller & Co Strata Lawyers have the experience and ability to assist you in dealing with these issues, whether they are disputes relating to the operation of the committee, questions about property and renovations, dealing with adjoining land owners and more please contact us on the details below for further assistance.

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Warwick van Ede I BEc LLM I Lawyer

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For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist.

Parking Space Levies – The Question of Visitor Spaces

Are Visitor Parking Spaces Exempt from Levies?

A recent decision of the Appeal Panel of NCAT has re-examined the question of as to whether visitor parking spaces in a residential strata complex qualify for exemption from levies which may be payable pursuant to the Parking Space Levy Act 2009 (NSW).

NSW Government Introduces the Parking Space Levy Act

An attempt to discourage or reduce traffic congestion in certain key Sydney business districts, in 2009 the NSW Government introduced the Parking Space Levy Act , the effect of which was to make a levy payable by landowners on certain off-street parking spaces located in specified districts.

In broad terms, the districts to which the legislation currently applies are:

Sydney CBD;
North Sydney/Milsons Point;
Bondi Junction;
Chatswood;
Parramatta; and
St Leonards.

There are designated maps which set out in detail the parts of those areas to which the levy applies, and the levy has two categories. Category 1 (Sydney CBD and North Sydney/Milsons Point) has the highest levy rate, and the balance of districts are designated as Category 2, for which a lower rate is payable.

The relevant legislation also contains exemptions, one of which is set out in Regulations 7 & 8 of the Parking Space Levy Regulation 2009 (the Regulation). One of the exempt purposes is where the parking spaces are for “the parking of motor vehicles by persons who reside on the premises or an adjoining premises”.

NCAT Disputes Visitor Car Space Assessment

The premises in question in this case were located in Milsons Point, and were therefore designated as “Category 1”. The Chief Commissioner of State Revenue made a determination that the strata scheme in Milsons Point was liable to pay a car space levy on 5 of 7 car spaces which were set aside for visitors to the property. The strata scheme itself is a mixed commercial and residential building containing 33 residential apartments and 7 commercial suites.

An application was made by the strata scheme to the NSW Civil and Administrative Tribunal (NCAT) disputing the assessment made by the Chief Commissioner of State Revenue on the basis that the visitor car spaces in question should have been considered as “exempt” parking spaces.

Specifically, the strata scheme’s original application to NCAT argued that the exemptions described in Regulations 7 and 8 of the Regulations for “the parking of motor vehicles by persons who reside on the premises or an adjoining premises” should include parking spaces set aside for visitors of persons who reside on the premises.

The original decision of NCAT was that visitor car spaces were not exempt. The owners corporation then appealed the original NCAT decision in relation to this issue to the Appeal Panel.

The Decision of the Appeal Panel

The Appeal Panel rejected the proposition that parking for guests of residents was intended to be covered by the relevant exemption.

The Appeal Panel noted that Regulations 7 and 8 contained a number of specific exemptions including for parking of contractors and consultants providing services on the premises. The Appeal Panel argued that if the Parliament had intended for an exemption to be granted for the parking of “guests”, then it could have included that exemption explicitly within those Regulations, which it did not.

The Appeal Panel noted that limiting the exemption in this way was also consistent with the aims of the legislation, being to discourage car use in the area. The Appeal Panel found that the parking spaces in question were for a combination of exempt and non-exempt purposes, and therefore not “exclusively” set aside for an exempt purpose.

The Appeal Panel therefore upheld the original decision of NCAT, and the original decision of the Chief Commissioner of State Revenue to apply the levy to these car spaces was affirmed.

The Conclusion

Although the Act and the Regulations apply only to a limited set of areas within Sydney, it is within the power of the Government to expand the list of areas to which that levy will apply in the future. In light of current public policy settings regarding driving and motor vehicle use generally, the exercise of that power to expand the list of leviable areas in Sydney must be considered a possibility.

Owners Corporations within Category 1 and Category 2 areas should be aware of their obligations under the Act and the Regulations, and the applicability of those legislative instruments to their particular circumstances.

Need Help with a Parking Issue?

We are happy to provide guidance to strata schemes who seek interpretation of the application of any Ruling in relation to levies of this kind or simply require general parking advice in relation to the issue.

Warwick van Ede I BEc LLM I Lawyer

Contact Us

For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist.

Telco’s Still Flexing their Powers – Be Warned Strata!

Strata be Warned of Telecommunications Providers

Earlier this year we wrote about an increasing rise of telecommunications providers who are licensed under the relevant Commonwealth telecommunications legislation, using their powers to gain compulsory access (at no cost to them!) to owners corporation’s buildings. In that article (Pushy Telco’s and Owners Corporations) we drew to the attention of owners corporations that such telecommunications providers use the processes set out in the Telecommunications Act and the Telecommunications Code of Practice and in particular, the use of a Notice to Inspect and a Notice to Install. We pointed out in that article that if an owners corporation does not respond within very precise timeframes to these Notices, then the owners corporation loses its ability to object to the proposals set out in those Notices, and they lose their ability to require the relevant telecommunications provider to consider any alternatives.

Ongoing Developments Since Our Original Article

Since the time of our original article, it has been clear that the activities of these telecommunications providers (which go by various names, including GigaComm, and Servicestream) has continued, with more and more Notices to Inspect and Notices to Install coming to our attention.

Owners Corporations Act or Lose your Rights

Telecommunications service providers have written to us unhappy that they are being challenged, and they have suggested that they are only utilising the rights which they have under the telecommunications legislation. What they fail to comprehend is that landowners (such as owners corporations) also have rights to object to the proposals by telecommunications service providers, and certain rights to require telecommunications service providers to properly justify these proposals.

To be clear, if an owners corporation wishes to question a proposal which they receive from a telecommunications service provider, then it is essential and critical that the owners corporation acts in a timely and immediate fashion to ensure that a properly draft Notice of Objection is served on the telecommunications service provider, or the owners corporation may be stuck with whatever proposal the telecommunications service provider wishes to proceed with.

Unsure What to do…

If your owners corporation requires assistance with a proposal from a telecommunications service provider, we are experienced in the processes under the telecommunications legislation including in drafting Notices of Objection in compliance with that legislation.

Warwick van Ede I BEc LLM I Lawyer

Contact Us

For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist.

Pushy Telcos and Owners Corporations

Owners corporations are increasingly encountering aggressive behaviour by some telecommunications providers who say they are acting under powers granted to them pursuant to the Telecommunications Act.

Preserving the owners corporation’s rights and negotiating position can come down to whether the owners corporation responds in a timely fashion, and in accordance with the relevant legislation.

Failure to do these things may mean the owners corporation is stuck with a proposal to install infrastructure and technology which the owners do not want.

It is important that you understand the steps which your owners corporation needs to take in dealing with such telecommunications providers.

The Rise of “Low Impact” Telecommunications Infrastructure

Once upon a time, the only occasion on which an owners corporation would hear from a telecommunications provider was if that telecommunications provider wished to install a mobile telephone tower on top of the building comprising the strata scheme.

In most instances this would lead to negotiations between the owners corporation and the relevant telecommunications provider as to the nature of the leasing arrangement which would be put in place to enable that mobile telephone tower to be erected and maintained and almost always the owners corporation would receive rental income as a result of allowing such installation to take place.

Under the Telecommunications Code of Practice 2021, telecommunications providers can give notices to an owners corporation in relation to their intention to use owners corporation’s property for various purposes. Typically, these notices include:

The Inspection Notice – this notice provides the owners corporation with notice of the telecommunications provider’s intention to enter the strata scheme carry out an inspection of the building or buildings comprising the strata scheme to enable the telecommunications provider to consider whether it wishes to proceed with any further proposals; and/or
The Installation Notice – typically, a notice of this kind provides the owners corporation with written notice of the telecommunication provider’s intention to install certain “low impact” telecommunications infrastructure and systems – the notion of what is “low impact” is defined by the relevant legislation.

The Importance of Responding

The relevant legislation requires that an owners corporation receiving a notice from a telecommunications provider under the relevant legislation must respond:

in writing;
within a certain limited timeframe; and
in a specified manner,

otherwise the telecommunications provider may automatically have rights to do certain things pursuant to the relevant legislation. For example, if the owners corporation fails to properly respond and/or fails to respond within the timeframes governed by the legislation, then the owners corporation may find itself without any basis to argue against a telecommunications provider installing certain equipment and infrastructure on the building, including certain forms of antennas, cabling etc.

“Pushing Back” Against Telecommunications Providers

Over the last 12 months we have seen a rise in the instances of such proposals, and specifically, of inspection notices or installation notices being given to owners corporations.

Normally the manner in which an owners corporation can respond is extremely limited, as is the time in which an owners corporation can respond.

Interestingly, when we have been engaged to object to those notices (in accordance with the relevant parts of the telecommunications legislation) then the telecommunications providers have, almost in every instance, withdrawn their notices and decided not to further engage with that particular owners corporation.

Therefore , even if the situation appears to have been “lost”, where the owners corporation has failed to take any steps to deal with an inspection notice or installation notice, it is still worth engaging legal advisors to formally object to those notices, as it appears that telecommunications providers may not be willing to take on a “hostile” owners corporation, properly engaged.

Timing is Everything!

Should your owners corporation receive a notice from a telecommunications provider, then it is critical that you seek advice promptly, as some of the timeframes in which the owners corporation is entitled to respond are only 10 days in length.

Under the relevant legislation, any objection must deal with certain specified matters.

Need assistance with a proposal from a telecommunications service provider, we are experienced in the processes under the telecommunications legislation including drafting ‘Notices of Objection’ in compliance with that legislation. CLICK HERE!

Warwick van Ede I BEc LLM I Lawyer

Contact Us

For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist.

Damages Claims Against Strata & Building Managers

Can a lot owner now make claims against building and strata managers for negligence?

A recent decision of the Appeal Panel of NCAT has not ruled out the possibility that NCAT may be able to award damages to a lot owner for negligence by a strata manager and/or building manager of a strata scheme.

What did the Appeal Panel find, based upon previous decisions considering the Tribunal’s powers?

Here we share the case: Damages Claims Against Strata Managers and Building Managers – NCAT Opens the Door

Contact Us

For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist.