NSW: 5 Most Useful By-laws: 1. The Cost Recovery ByLaw

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?

GET NOTIFIED WHEN WE PUBLISH NEW Q&As, NEWS AND ARTICLES TO THE SITE

• 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
  • Letter
  • Notice to Comply
  • NCAT

Read next:

• 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.

Have a question or something to add to the article? Leave a comment below.

Embed

Adrian Mueller Partner + Senior Lawyer JS Mueller & Co Lawyers E: adrianmueller@muellers.com.au W: http://muellers.com.au/ P: 02 9562 1266

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.

Visit Strata By-Laws and Legislation OR NSW Strata Legislation page.

After a free PDF of this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.