This factsheet for number 1 of the Top 5 Useful Bylaws: Cost Recovery ByLaw has been provided by Adrian Mueller, JS Mueller & Co Lawyers. Check out the other 4 Bylaws here: NSW Five Most Useful By-laws.
Cost Recoveries By-Law – What Does it Do?
- Permits an owners corporation to recover the costs it incurs:
- When an owner or occupier breaches a by-law
- Enforcing a breach of a by-law
- Requires owners and occupiers to:
- Comply with the by-laws
- Ensure their tenants comply with the by-laws
- Ensure their invitees comply with the by-laws
Cost Recoveries By-Law – What it Does Not Do?
- Cannot permit an owners corporation to:
- Impose Penalties/Fines
- Make a profit
Cost Recoveries By-Law – What Does it Cover?
- Cleaning Costs
- Rubbish Removal Costs
- Common Property Repair Costs
- False Fire Alarm Call-Out Fees
- Fire Safety Contractors’ Extra Call-Out Fees
- Insurance Premium Increases
- Insurance Excesses
Cost Recoveries By-Law – What Can it Cover?
- Removal of Abandoned Goods
- Removal of Illegally Parked Vehicles
- Repairs to Lot Property
- By-Law Drafting Costs
- Costs of Litigation
- Costs of any By-Law Breaches
- Costs of By-Law Enforcement
- Notice to Comply
- NSW: Dealing with Hoarders – One Man’s Trash is Another Man’s Treasure
- NSW: Some Common Property Just Reached Into My Pocket
This post appears in Strata News #239.
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Disclaimer: The information contained in this article is provided for your personal information only. It is not meant to be legal or professional advice nor should it be used as a substitute for such advice. You should seek legal advice for your specific circumstances before relying on any information herein. Contact JS Mueller & Co for any required legal assistance.