This article about “User Pays” By-Laws in regards to the cost of electricity has been provided by Adrian Mueller, JS Mueller & Co Lawyers.In a recent decision, the Appeal Panel of NCAT has approved of a by-law which introduced a “user pays” system for the cost of electricity used to keep hot water supplied to some but not all lots in a mixed-use strata scheme. This decision … [Read more...]
About Adrian Mueller, JS Mueller & Co Lawyers
NSW: Can “Squatter’s Rights” Exist in a Strata Scheme?
This article about “squatter’s rights” in a strata scheme has been provided by Adrian Mueller, JS Mueller & Co Lawyers.IntroductionThere have been two recent court cases involving “squatter’s rights” over parcels of land in Sydney. In both of those cases, people have acquired ownership of parcels of land they did not own through adverse possession by exercising … [Read more...]
NSW: Strata Living and Pet By-Laws – Where Do We Stand Now?
This article about the current situation with strata living and pet bylaws has been provided by Adrian Mueller, JS Mueller & Co Lawyers.The Appeal Panel of NCAT has recently held that by-laws which prohibited the keeping of pets in three large strata schemes in Sydney are valid and not harsh, oppressive and unconscionable.The decisions in The Owners – Strata Plan No … [Read more...]
NSW: Like a Thief in the Night: Why New Strata Laws May Have Thwarted Your Anti-Airbnb Bylaw
This article about how section 137A may have thwarted you anti-Airbnb bylaw has been provided by Adrian Mueller, JS Mueller & Co Lawyers.On 10 April 2020, new strata laws commenced. These laws clarify that an owners corporation is able to make a by-law that can prohibit a lot being used for a short-term rental accommodation arrangement in certain circumstances. However, the … [Read more...]
NSW: Help has Arrived! New COVID-19 Strata Regulations
This article about new changes to NSW legislation during COVID-19 and how this helps the strata industry has been provided by Adrian Mueller, JS Mueller & Co Lawyers.On Friday, 5 June 2020 new Covid-19 strata regulations commenced. These regulations make it easier for strata managers to convene and hold general meetings and committee meetings. The new regulations will also … [Read more...]
NSW: Misinformation About COVID-19 Laws Clarified
This article about clarifying misinformation about COVID-19 laws has been provided by Adrian Mueller, JS Mueller & Co Lawyers.There have been recent articles published in the press stating that short term accommodation arrangements through Airbnb have been banned. There has also been conflicting information published about whether Covid-19 lockdown laws require an owners … [Read more...]
NSW: Coronavirus and Strata Managers: What Can You Do To Help?
This article about coronavirus and how strata managers can help has been provided by Adrian Mueller, JS Mueller & Co Lawyers.The Coronavirus has presented new and fundamentally different challenges to strata managers and owners corporations. The most dramatic and short-term impact of Coronavirus on the strata industry is the effect it has had on the ability of strata … [Read more...]
NSW: Impact of COVID-19 on Contracts For Remedial Works
This article about impact of COVID-19 on contracts for remedial works has been provided by Adrian Mueller, JS Mueller & Co Lawyers.IntroductionDoes the COVID-19 Pandemic entitle an owners corporation to cancel or delay a contract for remedial work to common property? If an owners corporation allows works to proceed, could it be liable if a resident contracts the … [Read more...]
NSW: Levy Recovery Practices to Change Due to Coronavirus
This article about how the levy recovery practices will change due to coronavirus has been supplied by Adrian Mueller, JS Mueller & Co Lawyers.On 22 March 2020, the Australian Government announced a further economic response to the Coronavirus. That response includes changes to personal and corporate insolvency laws which will have a dramatic impact on the way overdue … [Read more...]
NSW: Contract Tips and Traps for Owners Corporations
This article about contract tips and traps for owners corporations has been supplied by Adrian Mueller, JS Mueller & Co Lawyers.In this article, we look at some common traps owners corporations fall into in their service contracts with building managers, caretakers, cleaners, and lift maintenance and fire safety services companies. Knowing what these traps are and … [Read more...]
NSW: Strata Management Industry Reforms Start 23 March 2020
This article about reforms to the laws regulating the strata management industry happening on the 23 March 2020 has been supplied by Adrian Mueller, JS Mueller & Co Lawyers.On 23 March 2020 changes to the laws that regulate strata managers will start. In this article, we take a look at the key changes to the laws and how they will impact you. We also explain what you need … [Read more...]
NSW: NCAT, Lot Owners and Compensations
This article about NCAT Compensations has been provided by Adrian Mueller, JS Mueller & Co Lawyers.The President and Deputy President of NCAT have recently handed down a decision in which they have concluded that NCAT does not have power to award a lot owner compensation as a result of a failure by an owners corporation to repair defects in the common property. This … [Read more...]
NSW: Special Arrangements For Consolidated By-Laws
This article about special arrangements for consolidated by-laws has been provided by Adrian Mueller, JS Mueller & Co Lawyers.Special Arrangements made with NSW Land Registry Services to register consolidated by-laws.The Strata Schemes Management Act 2015 requires every owners corporation to keep a consolidated up to date copy of the by-laws for its strata scheme. … [Read more...]
NSW: Confusion Reigns: NCAT Weighs in on its Power to Award Compensation
This article about NCAT and its power to award compensation in NSW has been provided by Adrian Mueller, JS Mueller & Co Lawyers.In a recent decision that has produced a confusing outcome, the Appeal Panel of NCAT has decided that NCAT does not have power to award damages (but might be able to order payment of compensation) where there are defects in common property that an … [Read more...]
NSW: Invasion of Privacy by CCTV Cameras
This article about privacy and CCTV cameras in NSW has been provided by Adrian Mueller, JS Mueller & Co Lawyers.IntroductionWe recently reported about an NCAT case in which a lot owner was ordered to remove CCTV cameras she unlawfully installed on the common property of a strata building in breach of the by-laws and strata laws.But what happens when a next door … [Read more...]
NSW: Pet By-Laws: Goodbye to “No Pets” Buildings
This article about the end of "No Pets" buildings in NSW has been provided by Adrian Mueller, JS Mueller & Co Lawyers.In at least two recent cases, NCAT has decided that “no pets” by-laws are invalid. Where does this leave “no pets” buildings?IntroductionIn February 2018, NCAT handed down its decision in Yardy v Owners Corporation SP 57237 [2018] NSWCATCD 19. In the … [Read more...]
NSW: NCAT Clarifies the Extent of its Jurisdiction
This article about NCATs jurisdiction has been provided by Adrian Mueller, JS Mueller & Co Lawyers.IntroductionIn 2018 the High Court concluded that NCAT did not have jurisdiction to resolve disputes between residents of different states. This meant that NCAT could not resolve disputes between strata owners who lived in different states such as NSW and QLD. A recent … [Read more...]
National Strata Regulations are on the Way! We Take a Close Look at Vic Reforms.
This article discussing the introduction of National Strata Regulations has been provided by Adrian Mueller, JS Mueller & Co Lawyers.From sunset clauses to cooling-off periods, changes to the strata laws are being considered all over Australia.GET NOTIFIED WHEN WE PUBLISH NEW Q&AS, NEWS AND ARTICLES TO THE SITE The first cab off the rank will be modifications to the … [Read more...]
NSW: Proposed Changes – Short Term Accommodation Laws
This article discussing proposed changes to short term accommodation laws in NSW has been provided by Adrian Mueller, JS Mueller & Co Lawyers.The NSW Government is currently implementing a new regulatory framework for the short-term rental accommodation industry.GET NOTIFIED WHEN WE PUBLISH NEW Q&AS, NEWS AND ARTICLES TO THE SITEThe framework … [Read more...]
NSW: NCAT Changes Procedure For Strata Applications
This article discussing NCAT changes to strata applications has been provided by Adrian Mueller, JS Mueller & Co Lawyers.HOT OFF THE PRESS!NCAT has recently released new application forms for strata disputes.GET NOTIFIED WHEN WE PUBLISH NEW Q&As, NEWS AND ARTICLES TO THE SITE The new forms introduce some changes to the way NCAT will handle strata applications. … [Read more...]
