FactSheet: New Strata Law Reform around Australia

Top 5 Ways the NSW New Strata Laws Will Impact your Life. VIDEO

Adrian Mueller, J S Mueller & Co Lawyers
Question: For most lot owners in NSW, which parts of the NSW new strata law reform will have the most important impact on you life? What is happening with fines?

• NSW: Q&A Bylaw Review Process – What if no changes to bylaws are warranted? Oct 2017 - Question: There does not appear to be any information on what (if anything), owners’ are required to do during their
• NSW: Proxy Forms Under New Law & Who Can View Strata Records [PODCAST] Aug 2017 - Amanda & Reena discuss new laws in relation to proxy forms plus who can carry out strata records inspections in
• NSW: Record Keeping in Strata Schemes Jul 2017 - The Strata Schemes Management Act 2015 (NSW) and Strata Schemes Management Regulations 2016 (NSW) brought in some changes with regards
• The Good, Bad And Ugly: Financial Reforms For NSW Strata Buildings [PODCAST] Jul 2017 - When it comes to mandatory audit requirements for compliance with the NSW Strata Reform legislation, be sure you are fully
• NSW Strata Reform – Strata Management License NSW Jul 2017 - When it comes to the licensing of Strata Managers in NSW, which Certificate IV and which Diploma has been named
• Opinion – Tenants at the dinner table Jul 2017 - The recent changes in NSW strata legislation have implication on a tenants role in strata. Can tenants attend strata meetings?
• NSW: What are some of the sorts of By-Laws Owners are adopting during the By-Law Review? Jun 2017 - While owners corporations are undertaking their bylaw review as required under the Strata Schemes Management Act 2015, owners corporations may
• NSW: Overly Eager Agents and Extended By-law Registration Periods – PODCAST Apr 2017 - Regarding registration of by laws NSW, if your by law was resolved prior to 30th November 2016, the 2 year
• NSW: Capital Works Funds: What’s new…. Mar 2017 - We’ve now all had a little time to adjust to the new terminology but there still seems to be some
• NSW: Q&A Capital Works Fund Strata – How Many Quotes Are required? Mar 2017 - Is it a requirement that managing agents in NSW solicit and present three competitive quotes for any work requiring Capital

7 key changes under the NSW strata reforms launching 30 November 2016

Inger Brettle, Premium Strata
Jul 2016: To help you absorb the key changes, we have written this to-the-point pocket guide to the legislative changes – NSW Strata Laws 2016.

Goodbye Strata Adjudications?

Michael Pobi, Pobi Lawyers
Jul 2016: It is important to remember that while the Tribunal hearing process may appear simple, there is a tendency for complex legal issues to suddenly arise. Find out about the changes in the new strata law reform.

How Legislative Changes Around Urban Renewal Affect You As A Strata Owner – PODCAST

Amanda Farmer, Your Strata Property
Jun 2016: How new strata law reform changes around urban renewal and strata termination in New South Wales affect the people living in Strata.

New Strata Laws: Procedure for Removing a Motor Vehicle Parked on Common Property Explained

Michael Pobi, Pobi Lawyers
Jun 2016: As part of the NSW New Strata Law Reform, a new regulation 34 made under section 125 of the Act sets out the procedure an Owners Corporation can take to have a motor vehicle left on common property, which blocks an exit or entrance or otherwise obstructs the use of common property, moved.

The New Strata ‘Top Ten’ that will make a Difference!

Adrian Mueller, J S Mueller & Co Lawyers
June 2016: Over 90 new strata laws will come into play later this year and of the 90 these are some changes that will most likely make a difference to your everyday.

Q&A Are No Smoking Strata ByLaws Retrospective?

Allison Benson, Kerin Benson Lawyers
May 2016: Question: Can new no smoking strata bylaws be applied to long term residents? Will the new strata changes have any impact on these new bylaws?

Strata By-Laws – What Investment Property Owners Need to Know

David Bannerman & Mark Pollinger, Bannermans
Apr 2016: The new strata law reform will make a number of significant changes to the making and enforcement of by-laws. Investment property owners need to be getting ready for the changes.

Renovating Strata Units – New Laws, New Opportunities

David Bannerman & Mark Pollinger, Bannermans Lawyers
Apr 2016: NSW Strata Reforms will result in changes to the process involved in renovate strata unit NSW. Find out how this may affect your NSW strata renovations.

Q&A Are there template renovation bylaws available?

Leanne Habib, Premium Strata
Apr 2016: Q: We have regular applications from owners proposing to renovate their apartments and were wondering if there are renovation bylaws available?

So What Happens if the Owners Corporation Does Not Fix the Building?

David Bannermans, Bannermans Lawyers
Apr 2016: Many owners face problems with strata schemes failing to repair/maintain common property. Is the new Strata Law Reform going to assist?

Strata Law Reform: Impacts on Strata Manager Agreements

David Bannerman & Mark Pollinger, Bannermans Lawyers
Mar 2016: The complicated new rules create potential for an agent’s appointment to expire, leaving the scheme unrepresented.

NSW: Will the New Reform Mean that Owners Corporations Will Now Raise Money to Match their 10 Year Sinking Fund Plan?

David Bannerman, Bannermans Lawyers
Mar 2016: Under the current legislation there is a requirement for owners corporations “to take into account” the 10 year sinking fund plan. The new legislation seeks to make it harder for schemes to completely ignore their 10 year plan when it comes to having money in the bank.

Can A Lot Owner Revoke the Appointment of a Compulsory Strata Managing Agent?

Michael Pobi, Pobi Lawyers
Mar 2016: For many lot owners, the compulsory appointment strata manager to manage their strata scheme produces mixed emotions. Some are happy, some not so much….

Pets, Parking and Smoking

Adrian Mueller, J. S. Mueller & Co Lawyers
Feb 2016: New strata by-laws allowing pets in units, managing illegal parking and curbing smoking on apartment balconies are part of the biggest changes in the new strata law reform for more than 50 years.

So What’s This About Tenants at Strata Meetings?

David Bannerman, Bannermans
Feb 2016: There have been a lot of media reports about what is happening with strata tenants rights at strata meetings due to the new strata law reform.

NSW: Strata Reforms & Managing Parking in Strata Schemes

Allison Benson, Kerin Benson Lawyers
Feb 2016: One of the most talked about changes in the upcoming new strata law reform is the ability of strata and community title schemes to better manage their parking by entering into an agreement with the local Council to have Council rangers police their parking. Is this really the best option?

NSW Strata Schemes: Size Does Matter (Sometimes) – Part 2 Strata Schemes Management Act 2015

Allison Benson, Kerin Benson Lawyers
Feb 2016: This article discusses the legislative requirements for different sized schemes in relation to the new strata Act NSW.

The Nuts and Bolts of the Latest Strata Reforms

Allison Benson, Kerin Benson Lawyers
Feb 2016: The expected commencement date of strata NSW legislation reforms is 1 July 2016, with draft regulations expected early this year. Key reforms are outlined here.

Councils in Greater Sydney Region Urged to “Come to the Party” and End Strata Parking Misery

Andrew Jakes, NSW Area Development Manager, Ace Body Corporate Management
Jan 2016: If you didn’t already know, Sydney has a parking problem, but it’s the shifting of this battle from inner city streets to strata properties that has created new hope for thousands. Drivers who illegally park in visitor bays of strata communities could soon be slapped with $550 fines by the City of Sydney Rangers, if plans to crack down on their “parking misery” take hold.

Navigating Strata Urban Renewal: Commercial Gain vs Home Ownership

David Bannerman, Bannermans Lawyers
Jan 2016: The centrepiece of the new strata development laws expected to commence on 1 July 2016 is provision for a sufficient majority of lot owners to have power to force the remaining minority to sell their lots. This can be achieved through either a redevelopment or collective sale process and there is no restriction concerning the age or dilapidation of the building.

Strata mangers first concern under the strata reform

David Bannerman and Mark Pollinger, Bannermans Lawyers
Dec 2015: Management Agreements: With new strata law reform expected to commence on 1 July 2016, the first thing for strata managing agents to address is their appointment.

Resources

Owners Corporation Network

NSW Strata Law Reforms Passed by Parliament

Once-in-a-generation strata law reform will become a reality, with the passing of the Strata Schemes Development Bill 2015 and the Strata Schemes Management Bill on 28 October 2015. The Bills introduced to parliament on 14 October by Minister for Innovation and Better Regulation, Victor Dominello, contain more than 90 changes to the existing laws.

Mixed Media about the NSW New Strata Law Reform

NSW: Top 5 Ways the New Strata Reforms will Impact Your Life. Plus, What About the Fines?

Apartment owners could be forced to sell properties under proposed strata law shakeup

Pat McGrath, ABC News
Sep 2015: Thousands of apartment owners could be forced to sell their own homes under a massive shakeup of property laws that developers hope will be adopted by all state and territory governments.

• QLD – Where to now for strata law reform? Nov 2017 - The complete absence of comment from any political party about their position on strata law reform indicates it is way
• QLD: The last BCCM Act review recommendations paper is out Jul 2017 - Remember – these are not law. They are what the QUT professors have recommended to the government about what could
• QLD: Have your say on body corporate issues Jul 2017 - Queenslanders are invited to have their say on body corporate procedural issues, with the release of an independent report that
• QLD: Proposed BCCM Act review recommendations announced Feb 2017 - The proposed BCCM Act review deals with strata issues such as Towing of cars, Pets, Smoking, Overcrowding, Fining occupiers for
• QLD: Property Law Review – Have Your Say On Body Corporate Issues Oct 2016 - Before making any decisions about possible changes to the lot entitlements system, the Government would like to hear from the

Infrastructure budgeting – tick, law review – question mark

Simon Barnard, President SCA (Qld)
Jun 2016: With positive investments in strata in mind, we need the QLD property law review back in focus to apply appropriate governance models and a modern administration for strata communities.

Have your say on body corporate issues

Chris Irons, Commissioner for Body Corporate and Community Management
Dec 2015: This article about the BCCM discussion paper of Queensland’s property laws has been supplied and written by Chris Irons, Commissioner for BCCM.

Resources

Review of property law in Queensland

Queensland Government
The Commercial and Property Law Research Centre of the Queensland University of Technology (QUT) is undertaking a review of Queensland’s property laws for the Queensland Government.

You are invited to provide feedback on QUT’s findings and recommendations about body corporate by-laws, debt recovery, and scheme termination.

Consultation closes on 5 May 2017.

Submission to the Property Law Review Issues Paper

David Greene, Slater and Gordon

What is the “Right” Management Rights

Management Rights Australia
Management Rights offers excellent opportunities for people of all ages and situations. There are many types of Management Rights businesses and it is definitely not a case of “one size fits all”.

Is it illegal to smoke cigarettes in an Owners Corporation?

Stephen Raff, Ace Body Corporate Management
Apr 2016: With smoking rates declining in Victoria and smokers increasingly being disallowed from lighting up in certain areas, how does this impact people smoking in Owners Corporations and what does the current Owners Corporation Act 2006 and Regulations 2007 say?

Consumer Property Law Review

Consumer Affairs Victoria
**Now Closed for Comments**

The Options Paper for the reform of the Owners Corporation Act 2006 was put out last week. The paper is now open for public consultation.

This options paper examines the issues that have been identified for reform and presents options for consideration in areas such as regulation of owners corporation managers and decision-making within owners corporations.

Strata Reform and Australian Capital Territory Strata Legislation

Resources

ACT Strata Reform Update

ACT Government: Environment, Planning and Sustainable Development Directorate – Planning
The Strata Reform Project is considering the issues surrounding the development, operation and management of mixed-use developments. A mixed-use development is where residential and commercial operations coexist under a single building envelope or unit title.

• WA: Strata Reform Update – Community titles and leasehold strata Dec 2017 - The strata reform team has an end-of-year update for you on the status of the draft Bills which they aim
• WA Strata Reforms: Better Buyer Information Nov 2016 - Proposed strata title reforms will improve the information that a buyer receives before purchasing a strata property. Before signing any
• WA: Reforms Reduce Delays in Staged Developments Nov 2016 - Staged strata developments are schemes that are developed in stages, rather than one which is already complete when the plan
• WA: Better Management Standards and Simplified Dispute Resolution Oct 2016 - As part of the WA strata reforms, Landgate is looking at better management standards and has recommended streamlining the way
• WA: Leasehold Strata Will Give Landowners New Leasing Options Oct 2016 - Western Australian landowners can look forward to more leasing options through reforms to the Strata Titles Act 1985, which propose
• WA Strata Title Act Reform Update Sep 2016 - Strata Law Reform WA: Drafting of the Strata Titles Amendment Bill is progressing and Landgate anticipates it will be introduced

Strata Titles Act Reform

Paul Keet, Strata Asset Services (WA) Pty Ltd
Nov 2014: As a result of support from the Western Australian state government Landgate has released information on proposed changes to the Strata Titles Act 1985.

Strata reform

The State Government has set strata reform as a key priority and Landgate has been tasked to deliver reforms to the Strata Titles Act 1985 (WA) (STA). The proposed reforms aim to ensure Western Australia has a modern Strata Titles Act to better meet the State’s needs in light of future growth.

Jan 2016: The WA Government has given Landgate responsibility for delivering reforms to Western Australia’s Strata Titles Act 1985.

Areas of reform

• New type of strata: community title schemes
• New type of strata: leasehold strata
• Improved management
• Clearer and easier ways to resolve strata disputes
• Better buyer information
• Staged strata development
• Termination of schemes

Mixed Media about the WA New Strata Law Reform

Termination of schemes: May 2016

Community Title Schemes – and why they are being introduced as a new form of strata in the WA Strata Reforms: March 2016

Proposals approved for drafting: Jan 2016

Strata Reform Update: Jun 2015