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Featured Strata Legislation NSW Video
Strata Legislation NSW: Top 5 Ways the New Strata Reforms will Impact Your Life.
Adrian Mueller, J S Mueller & Co Lawyers
Adrian shares his ‘Top Five’ laws that will be effecting you:
- The way owners will be able to vote at strata meetings.
- Prohibition on proxy farming.
- The streamlining of the renovations process.
- Ability of Owners Corporations to put an end to undesirable habits.
- Clarification on ability to remove abandoned goods.
Adrian also addresses the changes to body corporate fines.
Choose a heading and explore articles and information about the topic in relation to Strata Legislation NSW
Strata Reforms & Strata Legislation NSW
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: Strata Manager Advocates and Changes to NCAT Jul 2018 - The new Strata Schemes Management Act 2015 gives greater power to the NSW Civil Administrative Tribunal (NCAT) to hear matters. - 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
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.
The New Strata ‘Top Ten’ that will make a Difference!
Adrian Mueller, J S Mueller & Co Lawyers
June 2016: Over 90 new strata legislation NSW 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.
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.
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 strata legislation NSW there is a requirement for owners corporations “to take into account” the 10 year sinking fund plan. The new strata legislation NSW seeks to make it harder for schemes to completely ignore their 10 year plan when it comes to having money in the bank.
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 legislation NSW 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 legislation NSW 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 legislation NSW 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 strata legislation NSW 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 legislation NSW reforms is 1 July 2016, with draft regulations expected early this year. Key reforms are outlined here.
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 strata legislation NSW.
Mixed Media about NSW Strata Reform
NSW: Top 5 Ways the New Strata Reforms will Impact Your Life. Plus, What About the Fines?
ByLaws & Strata Legislation NSW
Articles
- NSW: Predicting the Unpredictable: Strata Renewal in the Courts Jul 2018 - Developers proposing projects involving strata renewal plans face a crystal ball gazing exercise. They need to predict the requirements and
- NSW: NCAT Changes the Rules for Expert Evidence in Strata Disputes Jul 2018 - NCAT has recently changed the rules that apply to expert evidence in most strata cases. These changes relax the rules
- NSW: I want to do work to my lot. Do I need a by-law for that? Apr 2018 - Do I need a by-law for my renovation? Do I need permission from the Owners Corporation? The simple answer is
- NSW: Short Term Lettings and Airbnb are hot topics in strata Apr 2018 - This short paper explains why most owners corporations in NSW are currently able to make by-laws that prohibit unlawful short
- NSW: Two Lot Schemes. What Special Challenges Does this Present? Apr 2018 - Two lot strata schemes are fairly common, but they present special challenges to owners. It is much more likely that
- Short term letting in NSW Strata Schemes: Can you? Or Can’t you? Oct 2017 - To date there have been very few cases in the NSW Civil & Administrative Tribunal (NCAT) that dealt with by-laws
- NSW: NCAT Rules Against Short Term Letting By-Law Sep 2017 - Are by-laws prohibiting short term lettings including Airbnb valid? NCAT has just weighed into the debate. Let's find out why
- NSW: Are the House Rules Binding? The Answer Will Surprise You! Jul 2017 - What are house rules? These are rules that are made by a strata committee. House rules are often put up
- 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: What are the rules around smoking in strata buildings? Jun 2017 - The new NSW legislation introduced in November 2016 has recognised that smoking may cause nuisance or hazard to another person. How
Airbnb – Is Your Strata Building Becoming a Party Hotel?
David Bannerman & Mark Pollinger, Bannermans
May 2016: The rapid expansion of Airbnb and other online letting services has become one of the most controversial issues for the strata sector.
Strata By-Laws – What Investment Property Owners Need to Know
David Bannerman & Mark Pollinger, Bannermans
Apr 2016: The new strata laws 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.
By-Laws & Rules – What are they? Who do they bind? Can they be enforced?
Allison Benson, Kerin Benson Lawyers
Aug 2015: By-laws (called Rules in the ACT) are the rules that we must live by when we live in a strata or community title scheme.
Strata Title, Strata Scheme, Strata Plan. What is the difference?
Inger Brettle, Premium Strata
Oct 2014: Strata title, Strata Schemes and Strata Plan. You may understand that somehow these terms are all related, but how exactly? This article will demystify the terminology for you.
FAQs
- NSW: Q&A Are There Regulated Fees for Strata Roll Access? Jul 2018 - Question: In NSW are fees regulated for providing strata roll access? Is there a standard fee that can be charged
- NSW ByLaw Review. How / Where do we register our new bylaws? Nov 2017 - Question: We have carried out our NSW bylaw review and now wonder how we register the new bylaws and who
- NSW: Q&A Can We Install Sun Shades for Apartment Balconies? Oct 2017 - Question: Is there a precedent for installation of sun shades for apartment balconies where they were not on the original
- 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: Can Airbnb strata bylaws prevent short term lets? Jul 2017 - There is much debate and confusion around the subject of how much control (if any) strata bylaws can impose on
- NSW: Q&A Can a Strata Committee Member send their own Notice to Comply Letter? May 2017 - Question: Can one member of the Strata Committee send their own notice to comply letter to a lot owner without
- Q&A Renovating Strata Unit NSW – What Steps Do We Need To Take? Apr 2017 - Question: We wish to renovate our strata unit in Sydney - new kitchen, remove a wall. What are the steps
- NSW: Q&A Circumstances Where You May Be Exempt From Registering Strata Bylaws Aug 2016 - Question: Are there circumstances - like an order from local council - where you may be exempt from registering strata
Q&A Move the trampoline! By Law Breach Notice
Andrew Jakes, Ace Body Corporate Management
Jun 2016: Question: My landlord and I have received a by law breach notice about my trampoline being visible from the front of the building. Do we really have to move it?
By-laws in your strata scheme
NSW Fair Trading
Each strata scheme has its own by-laws, which are a set of rules that owners, tenants and, in some cases, visitors must follow. By-laws cover behaviour of residents and the use of common property. They can cover issues such as whether pets are allowed on the scheme, how smoking is regulated, parking and noise levels.
Resources
STRATA SCHEMES MANAGEMENT REGULATION 2016 – SCHEDULE 3 – Model by-laws for residential strata schemes
Your Strata Scheme’s By-Laws
Owners Corporation Network
When you buy or rent an apartment, you effectively sign a contract that binds you to the by-laws of your building. Some schemes may have adopted the standard by-laws or Model By-Laws, and some schemes may have by-laws which differ from these Model By-Laws, so it ‘s important to firstly check what applies to your building before proceeding.
By-laws in a strata scheme
NSW Fair Trading
Strata schemes are effectively small communities where the activities and attitudes of residents can have a significant impact on the satisfaction and enjoyment of others. Therefore, it is important to be aware of your responsibilities and obligations when you own or live in a strata unit.
Strata Smoking & Strata Legislation NSW
Articles
- NSW: Smoking in Your Strata Building! Can They or Can’t They? Mar 2018 - Smoking is one of the major sources of disputes in strata schemes. It can cause numerous problems for strata schemes,
- NSW: New Rules for Engaging Lawyers and Banning Smoking Building-Wide [PODCAST] Jul 2017 - Can we introduce a bylaw about banning smoking in the entire building, including inside lots? You may be surprised by
- NSW: What are the rules around smoking in strata buildings? Jun 2017 - The new NSW legislation introduced in November 2016 has recognised that smoking may cause nuisance or hazard to another person. How
- NSW: Why All Strata Buildings Should be Smoke Free – PODCAST Jan 2017 - People who live in apartment buildings are twice as likely to be exposed to second hand smoke as those who
- NSW Q&A: How Do I Stop Cigarette Butts Litter from Neighbours Upstairs? Sep 2016 - Question: How do I stop cigarette butts litter from being dropped onto my balcony from neighbours upstairs who overlook my
- NSW: Smoking, pets and compulsory review of by-laws Sep 2016 - The amendments to the regulation change the model bylaws proposed for a strata scheme building. All existing schemes are now
- NSW: Tobacco or a Snag… Anyone? Aug 2016 - Smoke Drift NSW: Come November 2016, throwing a snag on the barbie or having a puff on a ciggie could
- NSW Strata Reforms: Smoking in Strata Schemes – Nuisance (Part 2) Jul 2016 - Unfortunately, the opportunity to strengthen laws preventing smoke drift in strata schemes was not taken up with the NSW Strata
- NSW Strata Reforms: Smoking in Strata Schemes (Part 1) Jul 2016 - The proposed model by-laws will deal with smoking in strata schemes by owners, occupiers and invitees, which is a good
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 overhaul of strata laws in more than 50 years.
Wake Up and Smell the Smoke – Prohibiting Smoking
Adrian Mueller, Senior Lawyer, J. S. Mueller & Co Lawyers
Dec 2015: The recent reform of NSW strata laws generated some media interest in smoking in strata buildings NSW. So can smoking be prohibited? Let’s find out.
FAQs
- NSW: Q&A Smoke drift from tenant who regularly has a smoke on the balcony above Mar 2018 - Question: For the last few months, the tenant in the apartment above ours regularly sits and has a smoke on
- NSW: Q&A Our Building has No ‘Smoking Bylaws’ – so can residents smoke in the lifts? Nov 2017 - Question: I finally managed to get a copy of the by-laws for my building and there are no 'smoking bylaws'.
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?
Resources
STRATA SCHEMES MANAGEMENT REGULATION 2016 – SCHEDULE 3 – Model by-laws
– including those concerning smoking and smoke drift for residential strata schemes.
Cancer Council NSW
NSW Government’s proposed strata law reforms Submission from Cancer Council NSW
Cancer Council NSW commends the NSW Government for considering the problem of secondhand smoke in strata schemes as part of strata law reform in NSW.
Achieving Smoke Free Apartment Living
Including examples of ‘smoke-free’ strata by-laws.
Mixed Media
‘Big smoke’: Billie Bonevski study on smoking in multi-unit apartments
Billie Bonevski, Hunter Medical Research Institute (HMRI)
Jan 2014: A study by HMRI researcher A/Professor Billie Bonevski of second-hand smoke in apartment blocks has sparked Strata law reform in NSW.
eBooks
Neighbours and the law
– by Nadine Behan. Published by the Legal Information Access Centre (LIAC), State Library of New South Wales, 2012. An easy to understand guide to the different areas of law that are involved in neighbourhood issues and disputes. Covers areas that commonly cause problems between neighbours including: dividing fences, retaining walls, overhanging branches, animals and noise, including a section discussing:
- Noise, smells, smoke and garbage. Most types of pollution, whether industrial or domestic, can be experienced in a neighbourhood setting. The main legislation that deals with pollution in NSW is the Protection of the Environment Operations Act 1997, called the POEO Act. Administered by the Office of Environment and Heritage (OEH), the Act and its associated regulations create various offences and provide a range of remedies, depending on the type of pollution and the type of activity that is causing it.
Parking & Strata Legislation NSW
Articles
- NSW: Removing Illegally Parked Vehicles May 2018 - The Supreme Court has rejected a proposal by an owners corporation to upgrade its common property in a way that
- NSW: The Role of The Chairperson and a Successful Council Parking Agreement [PODCAST] May 2017 - A strata discussion about the role of the chairman, the owners corporation's obligation to maintain the building and parking agreement
- NSW: Can parking offenders be towed from common property? Apr 2017 - The vehicle may be moved to another less obstructive position on the common property or another lawful place off the
- NSW Strata Visitor Parking and NSW Strata Reforms Dec 2016 - The holiday season will see countless families flock to see their relatives, and with 2.1 million NSW residents calling strata
Pets, Parking and Smoking
Adrian Mueller, J. S. Mueller & Co Lawyers
Feb 2016: New strata by-laws allowing pets in units, managing illegal strata parking and curbing smoking on apartment balconies are part of the biggest overhaul of strata laws in more than 50 years.
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 reforms is the ability of strata and community title schemes to better manage their strata parking by entering into an agreement with the local Council to have Council rangers police their parking. Is this really the best option?
Who does a wheel clamping by-law apply to?
Allison Benson, Kerin Benson Lawyers
Sep 2015: Can we use a wheel clamping by-law to solve our strata parking problems? Well, the answer is maybe……
FAQs
- NSW: Q&A Apartment With No Car Park – Can We Share Parking? May 2018 - Question: I'm purchasing an apartment with no car park. Only one other apartment in the scheme is without a car
- NSW: Q&A Strata visitor car parking. When does ‘visitor’ become ‘resident’? Apr 2018 - Question: One of our residents has a very regular visitor who is there most week nights and sometimes all weekend.
- NSW: Q&A Towing a car – do we need a towing bylaw? Feb 2018 - Question: Is it enforceable to tow if there is no bylaw? Do we need to implement a towing bylaw before
- Strata Parking Enforcement: Don’t Park There! Nov 2017 - When it comes to strata parking enforcement, of course we need rules. But the application of those rules should be
- NSW: Q&A Can Strata Tow My Car? Threats from a neighbour! Nov 2017 - Question: I have an unregistered vehicle in my designated parking space. My neighbour has threatened to tow the vehicle. Can
- NSW: Q&A Can the Owners Corporation lease out visitor parking spaces? Sep 2017 - Question: Is it possible for the owners corporation to lease out additional visitor parking spaces to a retail lot owner
- NSW: Q&A We’ve been using the wrong allocated car parking space Mar 2017 - Question: We have been using the wrong parking space. What rights do we have to get our allocated car parking
- Q&A NSW Strata Parking Laws Mar 2017 - Question: My elderly mother is being blocked in by the other strata title owner’s visitors. What should our next steps
- NSW: Q&A Disabled Parking in Apartments – Can I Use the parking space? Feb 2017 - Question: I am an owner of an apartment in a large complex and I have a Disable Parking Permit. When
- NSW: Q&A Apartment Parking Space Problems Aug 2016 - Question: My tenants are having apartment parking space problems, and may vacate because of this. How can I resolve the
Q&A Parking on Common Property Without Approval & Access Strata Lots for Maintenance
Leanne Habib, Premium Strata
Apr 2016: Answer: The Act does not permit residents to park on common property approaches without the prior written consent of the Owners Corporation.
Resources
STRATA SCHEMES MANAGEMENT REGULATION 2016 – SCHEDULE 3 – Model by-laws including those concerning parking and vehicles for residential strata schemes
Parking In a strata scheme
NSW Fair Trading
Residents or their visitors are not entitled to park in other lot owners spaces, on common property or in spaces allocated to emergency vehicles. Visitors can only park in allocated visitors’ spaces for a reasonable time, or as indicated in any signage. If a lot entitlement does not include a car parking space, then the residents cannot park in the strata scheme.
Abandoned Goods and Vehicles
NSW Fair Trading
Owners corporations can take steps to remove goods and vehicles that have been abandoned on common property provided they comply with relevant provisions in the Act and its Regulation.
Noise, Neighbours & Strata Legislation NSW
Articles
- NSW: Neighbours Come in all Shapes and Sizes and so do your Common Boundary Disputes Apr 2017 - All properties have boundaries and inevitably, at some time or another you may be faced with a dispute arising over
- NSW: Children and Noise Complaints in Apartments Mar 2016 - 'Keep your child quiet or pay $550' This article about children and noise complaints in apartments has been supplied by
Hard surface floors in strata schemes
Allison Benson, Kerin Benson Lawyers
Sep 2015: Hard surface floors in strata schemes can be a huge issue. If a building is not originally built with hard surface floors it is very likely that installing hard surface flooring will cause acoustic issues for the units below and beside.
Does an owner have the right to hassle a tenant to fix a noise transference issue?
Paula Byrnes, Metropolitan Strata Reports
Aug 2015: Who is responsible for minimising apartment noise which transfers between lots, especially when we are discussing a tenancy situation? How could a strata report help?
FAQs
- NSW: Q&A Noisy Neighbour Constructing in the Apartment Above Nov 2017 - Question: What can I do about a noisy neighbour in the apartment above who hammers, sands and drags all hours
- NSW: Q&A Noise Complaint Letter to Strata May 2017 - Question: I have issued a noise complaint letter to strata, but the noise from the water pump in the wall
- NSW: Q&A Lack of Privacy in Apartments Due to Walkway to Beach Oct 2016 - Question: Is lack of privacy in apartments a breach of our strata by-laws? We have people on our patio and
- NSW Q&A: How Do I Stop Cigarette Butts Litter from Neighbours Upstairs? Sep 2016 - Question: How do I stop cigarette butts litter from being dropped onto my balcony from neighbours upstairs who overlook my
- NSW: Q&A Light Shining Into the Apartment Causing Nuisance Sep 2016 - Question: Is it a breech of strata by-laws if a neighbouring property has a light which shines directly into mine
- NSW: Q&A How Do I Deal With the Noisy Tenants Above Me? Aug 2016 - Question: How do I deal with noisy tenants above me? We have had no success in dealing with the tenants
Q&A Overcrowded Apartment Causing Smoke Drift and Noise
Allison Benson, Kerin Benson Lawyers
Jan 2016: Strata noisy neighbours: We recently received a question about a NSW overcrowded apartment causing problems for a neighbouring lot owner. This issue involves smoke drift & noise.
Resources
STRATA SCHEMES MANAGEMENT REGULATION 2016 – SCHEDULE 3 – Model by-laws including those concerning noise for residential strata schemes
Noise in Strata Buildings
Owners Corporation Network, with funding from NSW Fair Trading, has produced some guides for the information of strata owners in NSW.
eBooks about NSW Strata Noisy Neighbours
Neighbours and the law
– by Nadine Behan. Published by the Legal Information Access Centre (LIAC), State Library of New South Wales, 2012. An easy to understand guide to the different areas of law that are involved in neighbourhood issues – strata noisy neighbours – and disputes. Covers areas that commonly cause problems between neighbours including: dividing fences, retaining walls, overhanging branches, animals and noise, including a section discussing:
- Disputes and how to resolve them. If you have a problem with your neighbour, or your neighbour has a problem with you, it is important to try to resolve it as early as possible. Once a problem escalates, it can result in entrenched conflict that becomes disabling for all concerned and very difficult to resolve.
- Entry, access and privacy. Including information about trespass, nuisance and negligence.
- Dividing fences. Restrictions concerning the style of dividing fence may operate in your local area because of council policies, heritage protection or restrictive covenants (e.g. a subdivision may have an agreement that all fences be of a particular type). Also some fences may need council approval. Check your local council website for any guidelines concerning fences in your area.
- Noise, smells, smoke and garbage. Most types of pollution, whether industrial or domestic, can be experienced in a neighbourhood setting. The main legislation that deals with pollution in NSW is the Protection of the Environment Operations Act 1997, called the POEO Act. Administered by the Office of Environment and Heritage (OEH), the Act and its associated regulations create various offences and provide a range of remedies, depending on the type of pollution and the type of activity that is causing it.
- Violence, harassment and intimidation. If a neighbour is intimidating or harassing you, or causing you to fear for your safety or the safety of your family or your property, you can apply to a court for an apprehended personal violence order (APVO) under the Crimes (Domestic and Personal Violence) Act 2007 (Part 5 Apprehended personal violence orders).
Strata Insurance & Strata Legislation NSW
Articles
- NSW: Fire and Emergency Services Levy Deferred Indefinitely Jun 2017 - On Tuesday 30th of May, the NSW Government announced the indefinite deferral of the introduction of the Fire & Emergency
- NSW Emergency Services Levy change … a fairer system for strata owners Apr 2017 - On 29 March 2017, the NSW Government passed the new Fire and Emergency Services Levy Bill 2017. This long overdue
- Strata Law Reform in NSW: Insurance Dec 2016 - It is vital that Strata Managers comply with the changes affecting Strata Insurance. To assist you in understanding your obligations
- Does your NSW strata building need a valuation for insurance purposes? PODCAST Oct 2016 - When it comes to NSW strata insurance requirements, what should you be doing to ensure you are meeting your legal
FAQs
- NSW: Q&A Security and Insurance issue due to shop customer’s access to common areas Jun 2018 - Question: In our mixed use building, a shop allows customers to enter secure residential areas to access toilet facilities. How
- NSW: Q&A Does unit owners insurance cover damage from leaking pipe? Jun 2017 - Question: Is the repair of damage from a leaking tap in the wall cavity covered by the unit owners insurance?
- NSW: Q&A What does public liability insurance include? Feb 2017 - Question: What does public liability insurance include? Who pays the excess when a claim is made under public liability insurance
Pets & Strata Legislation NSW
Articles
- NSW: Keeping The Dog: strata committee can’t outlaw companion animal Aug 2017 - What are the rules about keeping a companion animal in a 'no dog' building. Surely common sense should prevail. Is
- NSW: Can I keep pets in a strata building? May 2017 - Despite the much anticipated “pet-friendly” amendments to the new strata legislation, animals are still not automatically permitted in strata schemes
- NSW By-Laws & Pets: What is harsh unconscionable or oppressive? Apr 2017 - NSW Strata Laws on Pets: A strict prohibition on the keeping of pets within a strata scheme may be deemed
- NSW: Smoking, pets and compulsory review of by-laws Sep 2016 - The amendments to the regulation change the model bylaws proposed for a strata scheme building. All existing schemes are now
- NSW: Owners Corporation Unreasonably Withholding Consent To Keep A Pet In Strata Scheme Jun 2015 - This article about owners corporation pet approval has been provided by Michael Pobi, Pobi Lawyers. So your owners corporation’s strata
- NSW: Can I Keep My Pet in My Strata Unit, Townhouse or Villa? Jan 2015 - This article about pets in apartments, strata units, townhouses or villas and gaining approval for your pet from your owners
- NSW: Pets in Strata Buildings Aug 2014 - This article about pets in strata has been written and supplied by David Bannerman and Mark Pollinger, Bannermans Lawyers. GET
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 overhaul of strata laws in more than 50 years.
FAQs
- NSW: Q&A Pets for Units – Can strata say our dog is too big? May 2018 - Question: Can the Owners Corporation place a limit on the size of pets for units? We have a growing, medium
- NSW : Q&A New Strata Dog Laws. Can I Mind A Dog At Christmas? Nov 2017 - Question: Our building has new strata dog laws. Are we still able to mind a dog for a few weeks
- NSW: Q&A Keeping Pets in Strata Units. How Many Are Too Many? Nov 2017 - Question: I would like to know about keeping pets in strata units. How many pets can be kept in a
- NSW: Q&A As a Tenant, How Do I Get The Owners Corporation to Approve My Bunny? May 2016 - The following Q&A about body corporate and pets NSW has been contributed to by Andrew Jakes, Ace Body Corporate Management.
- NSW: Q&A Bylaws – terms & conditions upon which a dog may be kept Apr 2016 - The following questions regarding strata bylaws pets NSW was submitted to our site via email from a NSW lot owner.
Q&A As a Tenant, How Do I Get The Owners Corporation to Approve My Bunny?
Andrew Jakes, Ace Body Corporate Management
May 2016: Question: Body Corporate and Strata Pets: Where Do Tenants Stand? My landlord says yes, but the owners corporation says no to my bunny.
Q&A Bylaws – terms & conditions upon which a dog may be kept
Leanne Habib, Premium Strata
Apr 2016: Can we arrange a by-law to be prepared granting permission for a dog, but with certain limitations should a nuisance arise?
Resources
STRATA SCHEMES MANAGEMENT REGULATION 2016 – SCHEDULE 3 – Model by-laws, including those concerning the keeping of animals, for residential strata schemes
Keeping Pets in Strata Schemes: your questions answered
– all about strata pets by NSW Young Lawyers Animal Rights Committee.
Strata Levies & Strata Legislation NSW
Articles
- NSW: When are you an unfinancial lot owner? What effect does this have? Mar 2018 - The effect is that if you have not paid all the contributions and any other amounts (which would include interest)
- NSW: Did You Know the Sheriff Can Play an Important Role? Jan 2018 - The role of the Sheriff can be very important when a lot owner fails to pay their strata levies, ignores
- NSW: Poke the Bear: Letter of Demand, Statement of Claim?? Sep 2017 - How should you handle overdue levies - send a letter of demand, or maybe it's time for a statement of
- 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: Signing DAs and problems with NCAT penalties – PODCAST Mar 2017 - A behind the scenes insight into the strata sector: executing the DA for works to common property plus how to
- NSW: Buying Into Strata – What is a Special Levy? (Part 2) Feb 2017 - What is a Special Levy? A Special Levy is a one-off payment due by all owners when there’s not enough
- NSW: Developers Liable for Inaccurate Levy Estimates Sep 2016 - The following changes relate to the levies and funds charged from lot owners and the ways in which an owners’
- NSW: Unpaid Levies…the New Rules! Sep 2016 - As of 1 December 2016 the new laws will give a lot owner the right to request an owners corporation
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 I Recover Strata Levy Arrears by Lodging a Caveat?
Bronwyn Smith, Smith Partners Lawyers
Jan 2016: We are asked this question often by both Strata Managers and Executive Committee members. I understand the reasoning which is that strata levies are outstanding and levies (like council rates) are a debt to the land and not the person.
Why Leave it so Long to Recover Strata Levies in Arrears?
Bronwyn Smith, Smith Partners Lawyers
Jan 2016: Why do executive committees and strata managers in New South Wales leave it so long to recover strata levies in arrears?
Is There Enough In The Sinking Fund?
Paula Byrnes, Metropolitan Strata Reports
Oct 2015: How about the sinking fund plan? Dig deeper than just the sinking fund balance when buying a new strata property, as a big balance does not always tick boxes.
FAQs
- NSW: Q&A Changing Unit Entitlements to a More Equitable Allocation Jun 2018 - Question: In our new building, NCAT has issued an order for changing unit entitlements to a more equitable allocation. We
- NSW: Q&A Capital Works Expenses. What to do about the Overspends? Feb 2018 - Question: As treasurer, what should be my “official” approach to capital works expenses such as maintenance overspends that haven't been
- NSW: Garnishee Orders and why we love them so much Dec 2017 - Garnishee Orders are an order from the Court ordering someone else to pay us money on behalf of the debtor.
- NSW: Q&A Overdue strata fees – When Can Legal Action Commence? Apr 2017 - Question: What are the requirements to contact a lot owner regarding overdue strata fees? When can legal action against the
- 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
- NSW: Q&A Capital Works Fund – What Do We Need To Do Now? Jan 2017 - How do I get the executive to acknowledge obligations under the new legislation - have a 10 year plan, have
- NSW: Q&A How Does the Committee Organise a Leaky Roof Repair? Oct 2016 - A step-by-step guide to repairing a leaky strata scheme roof. From inspecting the issue and sourcing quotes to chasing up
- NSW: Q&A Strata Levies Per Quarter – How Do I Know How Much to Pay? Oct 2016 - Question: I am looking for how much I am paying for strata levies each quarter but I can't find this
- NSW: Q&A Strata Levy Contributions – How are My Levies Calculated? Jun 2016 - The following question from a NSW strata owner concerns apportioning of strata levy contributions. Thank you to Leanne Habib, Premium
- NSW: Q&A Strata Repairs Who Is Responsible For Neighbours Roof? Jun 2016 - The following question is from a NSW strata lot owner asking about strata repairs who is responsible? Thank you to
Q&A Why do Special Levies Raised for the Sinking Fund go Into the Administration Fund?
Leanne Habib, Premium Strata
May 2016: Strata levy information and Sinking Funds Question: Why don’t special levies raised go straight to the sinking fund instead of the administration fund?
Resources
Levies and capital works funds
NSW Fair Trading
The owners corporation must levy (charge) owners in the strata scheme to raise enough funds to carry out its duties. All levies must be worked out in proportion to the unit entitlements of each lot.
Articles
- NSW: “Appearance of the lot” – In keeping with the rest of the building Jul 2018 - In the recent NCAT decision the Tribunal was required to determine the meaning of the words “in keeping with the
- Changes in Legislation to Annual Fire Safety Statements NSW May 2018 - Annual Fire Safety Statements are required to be submitted to your Local Council and Fire and Rescue NSW (FRNSW) each
- NSW: Supreme Court Rejects Proposal to Upgrade Common Property May 2018 - The Supreme Court has rejected a proposal by an owners corporation to upgrade its common property in a way that
- NSW: Q&A Exclusive use of common property. No access! Really…..? Apr 2018 - Question: Before I owned my apartment, another lot owner was given exclusive use of common property. The area is quite
- NSW Cleaning House: What can Owners Corporations do about Unwanted items on Common Property? Jan 2018 - Owners corporations and their strata managing agents have been struggling for years to find effective solutions to disposal of abandoned
- NSW Minor Repairs and Special Resolutions Jan 2018 - Section 110 states that minor repairs can only be carried out by a resolution of the owner’s corporation in a
- NSW: Q&A Window Lock Legislation and Balcony Sliding Door Locks Jan 2018 - Question: I understand the window lock compliance, however the balcony sliding door locks in our strata scheme are a problem
- NSW: Embedded Network in your Strata Scheme – Things You Need to Know Jan 2018 - Embedded electricity networks are becoming more and more common in strata buildings. The purpose of this article is to consider,
- NSW: Time running out for illegal cladding claims – Statutory warranties Nov 2017 - Different warranty periods apply at each stage of the supply chain but one thing is certain, time is fast running
- NSW: Building Cladding Crisis and Notices of Intention to Issue an Order Nov 2017 - In the light of the current crisis around building cladding, the NSW Government is sending Notices of Intention to Issue
The Guide to Window Locks Legislation NSW
Compilation Post
Apr 2016: Q: What types of window locking devices are being installed in strata buildings to comply with the new window locks legislation NSW?
Owners Corporation Negligence to Repair Common Property
NSW Lot Owner
Mar 2016: This is a heaven to hell account of the persecution and suffering experienced by my wife and I as strata unit owners, brought on by the dishonesty and negligence of a executive committee and strata manager neglecting to initially repair common property.
Dividing Fences and Trees – Part 2: Trees – The Who, What and When
Allison Benson, Kerin Benson Lawyers
Nov 2015: Trees in strata and community schemes can be a huge issue. Although we need them trees can cause neighbourhood disputes when they overhang or they interfere with your neighbours plumbing system, fence, retaining wall or even building foundations.
Owners Corporations, Security Systems and Privacy – What do you need to consider?
Allison Benson, Kerin Benson Lawyers
Oct 2015: With increasingly sophisticated security systems having more capacity at a lower cost than ever before many strata and community title schemes are installing security systems and surveillance devices such as keyed swipe passes, smart lighting and closed circuit television (CCTV) systems. What many schemes do not consider is the use of these systems and their legality. Privacy is, rightly, a key concern of many lot owners and occupiers.
Dividing Fences and Trees – Part 1: Fences – the who what and when
Allison Benson, Kerin Benson Lawyers
Oct 2015: Dividing Fences Act 1991 (NSW) applies to all “dividing fences” but not to a common property fence dividing two lots within the strata scheme or a common property fence dividing a lot and the common property.
Cleaning House – What Can Owners Corporations Do About Unwanted Items On Common Property?
David Bannerman and Mark Pollinger, Bannermans Lawyers
Aug 2015: What To Do About Abandoned Goods On Common Property? Owners corporations and their strata managing agents have been struggling for years to find effective solutions to this issue.
How Secure is your Strata Scheme?
David Bannerman and Samantha Saw, Bannermans Lawyers
March 2015: Strata security can be a tricky issue for owners corporations who need to balance the rights of owners/occupiers with an obligation to minimise the risk of crimes such as break ins, theft or damage.
When Do You Need Approval to Remove or Prune a Tree?
David Bannerman and Mark Pollinger, Bannermans Lawyers
Dec 2014: There can be significant differences between tree preservation orders for specific councils and proposals for pruning or removal of trees should be considered in light of the requirements of the tree preservation order applicable to the relevant local government area.
Owners Corporation’s Duty to Maintain and Repair Common Property
Pierrette Khoury, Turnbull Bowles Lawyers
Oct 2014: It is imperative the Owners Corporation is mindful of its obligations with regard to the legislation and ensures the common property is properly maintained and repaired.
What Do I Own & What is Common Property
David Bannerman and Sven Bjerkhamn, Bannermans Lawyers
May 2014: For any lot owner and for an owners corporation, the really important question of who owns what needs to be established as the answer will dictate how a strata scheme is correctly managed and who is responsible for what parts of a strata scheme.
Resources
STRATA SCHEMES MANAGEMENT REGULATION 2016 – SCHEDULE 3 – Model by-laws, including those concerning common property, for residential strata schemes
Who’s Responsible? a guide to common property
Strata Community Australia (NSW). This report provides information detailing who is responsible for repairs and maintenance – the owner or the body corporate?
How can an Owners Corporation identify common property in a strata scheme?
NSW Government: Land & Property Information.
Common property and the lot in a strata scheme
NSW Fair Trading: A strata scheme is a residential building or a collection of buildings where each individual proprietor separately owns a small part, usually their apartment or townhouse. This small part is called ‘a lot’. There are other parts of a strata scheme building or property which are not part of anyone’s private lot. These parts are jointly owned by all the lot owners and are called common property.
FAQs
- Q&A Vetos and Alterations to Common Property in NSW Jul 2018 - Question: This site recently replied to an SA question about Common Property Alterations. Is the response also applicable for alterations
- NSW: Q&A Can Common Property Tree Maintenance be Shifted to Lot Owners? Jun 2018 - Question: Can the Owners Corporation vote to have tree maintenance transferred to a lot owner? The large planter box is
- WA: Q&A Australian child window safety May 2018 - Question: What are the requirements for Australian child window safety? I'm located in WA and wondering whether we need to
- NSW: Q&A Protocol for having automatic garage door openers installed May 2018 - Question: What is the protocol for a lot owner to have automatic garage door openers installed to an existing garage
- NSW: Q&A Strata approval for renovations which include waterproofing Apr 2018 - Question: I'm concerned about the correct process of strata approval for renovations in our scheme. Renos involving waterproofing aren't being
- NSW: Q&A Are our fire safety inspections too frequent? Mar 2018 - Question: We are lot owners in a small scheme strata in NSW. How often should our fire safety inspection be
- NSW: Q&A Which Window Locks are Best? Jan 2018 - Question: Can you suggest which window locks are best? We understand there are custom lockable devices available which allow the
- NSW: Q&A Can we create a bylaw against flushing wipes down the toilet? Jan 2018 - Question: Can we create a bylaw prohibiting residents from flushing wipes down the toilet? Assuming this is possible, if a
- NSW: Q&A Commercial Storage of Archives in Garage. Storage of flammable material and Insurance Jan 2018 - Question: Is letting unused garage space for commercial purposes - long-term archive storage - allowable (with or without strata approval),
- NSW: Q&A Apartment fire regulations – Security screen to front door of unit Dec 2017 - Question: What are the rules on fitting a security door to the front entrance door of a unit? Does this
Q&A Plants Stolen from Garden on Common Property
Compilation Post – Leanne Habib, Premium Strata + Renee Cassidy, Whitbread Insurance Brokers + Allison Benson, Kerin Benson Lawyers
May 2016: This interesting Strata Questions and Answers article concerns some plants stolen from a garden on the common property of a scheme in NSW.
Mixed Media
NSW Strata Window Safety – Peter Berney, Solutions In Engineering
eBooks
Neighbours and the law
by Nadine Behan. Published by the Legal Information Access Centre (LIAC), State Library of New South Wales, 2012. An easy to understand guide to the different areas of law that are involved in neighbourhood issues and disputes. Covers areas that commonly cause problems between neighbours including: dividing fences, retaining walls, overhanging branches, animals and noise, including a section discussing:
- Dividing fences. Restrictions concerning the style of dividing fence may operate in your local area because of council policies, heritage protection or restrictive covenants (e.g. a subdivision may have an agreement that all fences be of a particular type). Also some fences may need council approval. Check your local council website for any guidelines concerning fences in your area.
- Retaining walls. A retaining wall is a structure that supports excavated or filled earth on a property. The construction of a retaining wall will often require a Development Application. Check with your local council.
- Trees and plants. Trees and plants are a common cause of disputes between neighbours. In NSW legislation largely regulates the planting, pruning, destruction and removal of trees and plants and also deals with some of the disputes. The overall aim, wherever possible, is to conserve vegetation, especially in the urban environment.
Articles
- NSW: Fair Trading Providing Incorrect Information About Window Safety Devices May 2018 - Information on the NSW Fair Trading site is resulting in some incorrect conclusions that it is possible for an owners
- NSW: Window Locks – Who is Responsible? Feb 2018 - Within the month, owners corporations must comply with another new law – window safety devices (window locks). In NSW, window
- Tenants Reporting Repairs: Is it their responsibility? Feb 2018 - Balustrades and balcony railings are the responsibility of the owners corporation to maintain and repair. Nothing at law, however, will
- NSW: Are We All Getting It Wrong? Unauthorised Works: Who Is Responsible For Repairing Them? Nov 2017 - Who is responsible for repairing unauthorised works done by an owner to common property that is defective? The answer (and
- NSW Court of Appeal Finds Lot Owners Can Claim Against Owners Corporation for Nuisance After Thoo Sep 2017 - This decision enables lot owners and occupiers to sue their owners corporations in nuisance. An action in nuisance or negligence
- NSW: Q&A Lots Not Cooperating For Child Window Safety Devices Aug 2017 - Question: Two lots in our building have not cooperated with the fitting of child window safety devices. Can our building
- NSW: Lift Refurbishments – Do Owners Corporations Have to Pay Compensation to Affected Owners and Tenants? Jun 2017 - Can an owners corporation shut down the lifts in its building to refurbish them? If so, does the owners corporation
- Fixing a Leaking Roof Apr 2017 - As a Registered Building Practitioner who is also a specialist in waterproofing installation, I have witnessed the devastating consequences of
- NSW: Swimming Pools Act 1992 Jul 2016 - The Swimming Pools Act 1992 has further been amended since 2012 to improve the safety of children around swimming pools
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 2015 Strata Reform going to assist?
NSW: Growth in Mould Claims
David Bannerman and Ben Robertson, Bannermans Lawyers
Mar 2016: Dealing with complicated issues concerning toxic mould claims in buildings is becoming more and more prevalent in NSW.
NSW: Window Safety Requirements – Reminder Compliance Due 18 March 2018
Allison Benson, Kerin Benson Lawyers
Feb 2016: An important reminder for owners corporations to include a provision for Window Safety Requirements in their annual budgets.
NSW Building defects and maintenance
Media Release, NSW Fair Trading
Jul 2015: What do I do if I have a defect in my apartment? Find out the steps to take when dealing with NSW building defects and maintenance.
Strata Window Safety Locks and Devices
Pierrette Khoury, Turnbull Bowles Lawyers
May 2015: Changes were implemented to window safety strata as a result of fatalities in apartment buildings. Statistics have shown that each year approximately 50 children fall from windows or balconies in Australia.
Annual Fire Safety Statements: What Are They Good For? Sometimes, Absolutely Nothing!
David Bannerman and Carlo Fini, Bannermans Lawyers
Apr 2015: Our experience based on cases we have seen is that owners cannot rely on their annual fire safety statements if they want to make sure that their building fully complies with the Building Code of Australia and any applicable Australian Standard.
Wild Weather & Damage – the Owners Corporation’s Duty to Maintain and Repair the Common Property
Allison Benson, Kerin Benson Lawyers
Apr 2015: This is a quick refresher for owners corporation’s and lot owners on what their respective duties are when common property is damaged due to wild weather.
Resources
Strata Title Renewal
Property Council of Australia
Buildings have a natural lifecycle. Some of the oldest strata buildings in Sydney are close to 100 years old. The process of decline has been accelerated by lack of maintenance as owners’ corporations have sought to minimise contributions.
Without renewal, buildings are being pushed past their realistic lifespan. We risk the emergence of a plethora of buildings which are unsound and unsightly
Deck and balcony safety
NSW Fair Trading
Is your deck or balcony safe? Recently there have been a number of incidents involving decks and balconies resulting in injury and death. NSW Fair Trading have produced a maintenance and safety guide to help home owners check their decks and balconies are safe and in good repair.
Register your pool and spa
NSW Government: Swimming Pool Register – From 29 October 2013, authorised officers may fine pool owners if their pool is not registered on the NSW Swimming Pool Register. The fine is $220.00.
Selling a Property with a Swimming Pool or Spa Pool
NSW Government: Division of Local Government – With over 300,000 backyard swimming pools in New South Wales, swimming pool safety is a vital issue that affects the whole community. Supervising young children in and around swimming pools and developing water confidence through water familiarisation programs can save lives. Effective pool barriers also help keep young children safe.
FAQs
- NSW: Q&A Strata Committee Conflict of Interest Over Concrete Cancer Repairs? Jul 2018 - Question: We are in the process of an NCAT dispute over the Owners Corporation's failure to repair the common property.
- NSW: Q&A Do CrimSafe screens comply with Window Safety Laws? May 2018 - Question: Could you please tell me whether CrimSafe screens comply with the new window safety laws for apartments.
- NSW: Q&A Are non-structural wall cracks the responsibility of owners corporation? Apr 2018 - Question: A lot owner's internal walls have non-structural cracking from slight building settlement. Where does the responsibility of owners corporation
- NSW: Q&A Water damage on my ceiling from the apartment upstairs Mar 2018 - Question: Who is responsible for the water damage on my ceiling and the white goods in the kitchen caused by
- NSW: Q&A How many quotes on cost to repair termite damage? Mar 2018 - Question: Would you please advise how many quotes would be required on the cost to repair termite damage in our
- NSW: Q&A Who’s responsibility to replace the screen door? Mar 2018 - Question: The fly screen to my balcony is very old. Who should be paying to replace the screen door? Is
- NSW: Q&A No safe access to roof cavity Mar 2018 - Question: I have no safe access to roof cavity in my townhouse. Does the responsibility for safe access to roof
- NSW: Q&A Strata Charges for Exterior Painting. Should I have to pay? Feb 2018 - Question: I have been charged for a small amount of exterior painting. The work wasn't even carried out very well.
- NSW: Q&A Reducing the Cost of Our Lift Maintenance Contract Feb 2018 - Is it possible or practical to reduce our annual lift maintenance costs by increasing the periods between services calls from
- NSW: Q&A Unit Entitlements and a Working Apartment Intercom System Jan 2018 - Question: Our unit in an old strata building has an apartment intercom system, which works only some of the time.
Q&A Parking on Common Property Without Approval & Access Strata Lots for Maintenance
Leanne Habib, Premium Strata
Apr 2016: Answer: The Act does not permit residents to park on common property approaches without the prior written consent of the Owners Corporation.
Q&A Who is Responsible for Sanding & Polishing My Floorboards?
LookUpStrata + Leanne Habib, Premium Strata
Apr 2016: Who is responsible for maintaining / sanding and polishing the floorboards in a strata apartment? Aren’t floorboards part of the common property?
FAQs: Strata Schemes: Common Property
NSW Fair Trading
FAQs: Strata Schemes: Repairs & Maintenance
NSW Fair Trading
Committee Concerns & Strata Legislation NSW
Articles
- NSW: Community Leadership – It’s your asset, only you can care! Apr 2018 - Great organisations have always been determined by their leadership, not by giving somebody unfettered control. Take the opportunity to use
- NSW: Since the Reforms, Democracy is stuffed in Strata Management Mar 2018 - The amendments to the Strata Schemes Management Act 2015, introduced in December 2015, have made strata schemes totally undemocratic. I
- NSW: The benefits of keeping accurate records to avoid confusion Mar 2018 - This is an absolute timely warning about the benefits of keeping accurate records in your owners corporation. Also, it is
- NSW – The First Collective Sales Cases Hit the Land and Environment Court Mar 2018 - The new laws allow a strata scheme to be sold or redeveloped with the agreement of 75% of the owners
- Nothing happens without a decision Mar 2018 - If you want to do something in a community living arrangement, you must always look to your legislation to ensure
- NSW Owners Corporation Network: Strata living not always a bed of roses Feb 2018 - Owners Corporation Network is hosting an informative and interactive 1-day event, Strata Matters! on Saturday 10 March 2018, 10am –
- NSW: Pre 1974 Schemes and the Centre Line Rule Feb 2018 - For owners corporations with a strata plan registered prior to 1 July 1974, things work a bit differently than for
- NSW: Shifting Services Costs and Secret Profits – Owners Getting Shafted Jan 2018 - It has become increasingly common for developers to pursue a development in such a way that owners corporations and lot
- NSW: Bipolar Voting and the Duties of the Strata Committee Member Dec 2017 - It is strange that we set up a structure whereby people have to act in a bipolar manner. The Strata
- NSW: Dealing with Disparaging OnLine Articles Dec 2017 - Strata committee members and strata managing agents of owners corporations are often subject to disparaging commentary published in various online
Executive Committee (Strata Committee): Powers, Functions and Meetings
Allison Benson, Kerin Benson Lawyers
May 2016: When a strata plan is registered, the owners corporation comes into existence and is given the principal responsibility for the management of the scheme. Other people can assist in managing the strata scheme including a strata managing agent or a caretaker. However the day to day management of the scheme often falls onto the executive or strata committee.
Can a Strata Meeting Be Recorded?
Adrian Mueller, J. S. Mueller & Co Lawyers
Apr 2016: It is becoming increasingly common for strata meetings to be recorded. But is it legal to do so? The answer might surprise you.
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….
Resolving Disputes at Strata Meetings – The Role of The Strata Managing Agent
Matthew Jenkins, Bannermans Lawyers
Feb 2016: Strata managing agents should approach strata dispute resolution with caution & in most cases take on a role akin to a mediator/facilitator and not a decision maker.
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.
NSW Strata Schemes: Size Does Matter (Sometimes) – 1996 Act
Allison Benson, Kerin Benson Lawyers
Feb 2016: The size of NSW strata schemes affects how they are treated under both the current & the new Act. Read a table of these difference to see how they compare.
I Don’t Like What Is Proposed To Be Built Next Door – What Can I Do?
David Bannerman and Craig Blackwell, Bannermans Lawyers
Oct 2015: How to object to a development proposal: Owners Corporations and residents have rights which may assist in stopping, modifying or having mitigating conditions imposed on a new development.
How are successful strata title scheme meetings run?
Leanne Habib, Premium Strata
Aug 2015: This article explains how typical strata title meetings, such as Annual General Meetings (AGM) or Extraordinary General Meetings (EGM) are run.
What to do if the Executive Committee is not Acting Appropriately
David Bannerman and Sven Bjerkhamn, Bannermans Lawyers
Mar 2015: It is quite an issue if you think the strata executive committee is acting improperly, or doesn’t care enough. If this is happening with your owners corporation there are a number of things you can do.
A Game of Thrones OR A Game of Knowns? Self Managed Strata Schemes V Strata Managing Agents
Allison Benson, Kerin Benson Lawyers
Mar 2015: In self managed strata schemes, often the lot owners start with good intentions but can dissolve into a microcosm of the politicking in HBO’s Game of Thrones.
FAQs
- NSW: Q&A Strata Committee Powers: Cooling Tower Too Hot to Handle Jul 2018 - Question: An old cooling tower in our building only services a proportion of the apartments. What are the strata committee
- NSW: Q&A Accurate Meeting Minutes + Venue for the AGM Jul 2018 - Lot owners from NSW are wondering about accurate meeting minutes, if the AGM can be held off site and how
- NSW: Q&A Unbalanced Strata Unit Entitlements Affecting Maintenance Jul 2018 - Question: One family owns 61% of our scheme and use their strata unit entitlements to block the committee and let
- NSW: Q&A Proxy Votes & Quorum Requirements for Annual General Meeting May 2018 - Question: Leading up to our AGM, our Strata Manager was holding too many proxies, so divvied them up to lot
- NSW: Q&A Can the committee lock the gates outside of pool open hours? Mar 2018 - Question: Our swimming pool open hours are between 8 am and 9:30 pm daily. Can the committee decide to lock
- NSW: Q&A Overruling Strata Committee decisions Mar 2018 - Question: What are deemed as justifiable reasons for an owner’s corporation to call a vote to overrule its strata committee
- NSW: Q&A Window locks for strata – admin or capital works fund expense? Mar 2018 - Question: What costs are associated with the two respective Funds, in this instance the fitting of window locks for strata?
- NSW: Q&A Delegating an Acting Chairperson Feb 2018 - Question: The chairperson nominated the strata secretary as acting chairperson for a strata committee meeting. I believe this "delegation" can't
- NSW: Q&A Should Lot Owners View the Proposed Strata Managing Agency Agreement? Feb 2018 - Question: Should the Strata Management Company attach a copy of their proposed Strata Managing Agency Agreement to the Agenda for
- NSW: Q&A Renovations including installing a waterproof membrane Feb 2018 - Question: We are looking to renovate our bathroom, toilet and laundry in the single story townhouse we purchased last year.
Q&A Strata Unit Entitlements Affecting Maintenance
Leanne Habib, Premium Strata
Jun 2016: Questions about Strata Committees: What are the rules of strata voting at the AGM concerning strata unit entitlements NSW?
Q&A Frequency of Owners Corporation Meetings
Leanne Habib, Premium Strata
Apr 2016: I feel we do not have enough owners corporation meetings at my scheme. What are the meeting requirements for a strata scheme in NSW?
Q&A Who Decides on the Strata Maintenance Contractors?
Leanne Habib, Premium Strata
Apr 2016: Who’s decision is it to appoint strata maintenance contractors? My issue is that our strata committee want to appoint an expensive gardening company when we have cheaper quotes.
Problems in two lot strata schemes NSW
LookUpStrata
Feb 2016: An owner in a two lot strata schemes NSW has some questions about strata concerning fire safety, sinking funds and common area maintenance.
Q&A – When the body corporate chairman of the Strata Committee resigns before the AGM
Leanne Habib, Premium Strata
Nov 2015: Questions about Strata Committees – Could you please tell me the correct procedure when the body corporate chairman of the strata committee resigns before the AGM
Strata Dysfunction in a Self Managed Two Lot Scheme
Premium Strata
Oct 2015: Strata Dysfunction issues can occur just as easily in small two lot schemes as in larger developments, as shown by this lot owner battling it out in NSW.
FAQs: Strata Schemes: Strata Committee and Meetings of the Owners Corporation
NSW Fair Trading
Resources
Executive Committees and How They Should Function
Owners Corporation Network, with funding from the NSW Fair Trading, has produced some guides for the information of strata owners in NSW
Meetings In a strata scheme: Electronic communications
NSW Fair Trading
Owners can now adopt electronic communications to suit their collective needs. This includes online voting, emailing meeting papers, allowing people to phone-in to meetings and more.
The Owners Corporation
NSW Fair Trading
The owners corporation is the body made up of all the owners in the strata scheme.
Mixed Media
Strata title living – how much do you know?
UNSWTV
May 2012: One in ten Australians live in strata titled homes such as apartments or townhouses; in Sydney it’s closer to one in four. But how much do we know about strata title living and what it involves?
Building Defects & Strata Legislation NSW
- NSW Building Products Safety Laws Mar 2018 - The Building Products (Safety) Act 2017(“Act”) has been passed by the New South Wales government and is to commence on
- NSW Building Defects Bond Scheme. What do Strata Managers Need to Know? Feb 2018 - To deal with problems caused by defective building work in new strata buildings, the NSW Government introduced a building bond
- The strata building bond and inspections scheme. All states and territories should follow suit! Jan 2018 - The strata building bond and inspections scheme, introduced under the NSW Strata Schemes Management Act 2015 (Part 11), will apply
- NSW: Defect Bonds and Insolvency Issues Dec 2017 - The new Strata Building Bond and Inspection Scheme will now commence on 1 January 2018. This means that the Scheme
- NSW: Case Halted Until Owners Corporation Give Security For Costs Oct 2017 - The Supreme Court has ordered an owners corporation suing its former lawyers to give security for the costs the lawyers
- NSW: Update on Developers Bond for Defects in new Residential Apartments Sep 2017 - The NSW Government has elected to delay the introduction of the developers bond for defects. The anticipated date provided by
- NSW: Don’t Delay the Implementation of the 2% Defects Bonds Scheme Under Part 11 of the Strata Schemes Management Act 2015 Jun 2017 - In response to well founded rumours that the 2% bond scheme is going to be further delayed we have written
- NSW: Q&A Misleading Advice Re Claims on Builders Warranty Insurance May 2017 - We think we were given misleading and incorrect advice regarding claims on the Builders Warranty Insurance from a previous committee
- Strata Case Plan 76888 Statutory Warranties NSW May 2017 - The Court comes to a surprising conclusion regarding the repair of common property in this recent case where an OC
- Fixing a Leaking Roof Apr 2017 - As a Registered Building Practitioner who is also a specialist in waterproofing installation, I have witnessed the devastating consequences of
NSW Developers to Pay a Bond for Defects in New Residential Apartments
Pierrette Khoury, Turnbull Bowles Lawyers
Jun 2016: The amendments in the Strata Schemes Management Act 2015 are proposed to take effect from 1 July 2016. Accordingly, Developers who commence construction after 1 July 2016 are likely to be impacted by these changes.
The Impact of section 48MA of the Home Building Act 1989
Pierrette Khoury, Turnbull Bowles Lawyers
May 2016: Section 48MA of the Home Building Act 1989 has been introduced and applies to all proceedings filed after 15 January 2015. This provision provides that rectification of defective work is the preferred outcome in proceedings.
Better Resolution of Building Defect Claims
David Bannerman and Ben Robertson, Bannermans Lawyers
Apr 2016: There may be a way to avoid lengthy and costly litigation and focus on what matters – the rectification of strata building defects.
Supreme Court Finds Certifier Liable for Building Defects
Adrian Mueller, J. S. Mueller & Co Lawyers
Mar 2016: A NSW Supreme Court case – Chan -v- Acres [2015] NSWSC 1885 – offers hope to owners corporations whose buildings are affected by strata building defects.
How to minimise building defect risks
David Bannerman, Bannermans Lawyers
Sep 2015: For property investors, building defects risks can be significant – particularly when buying a newly constructed apartment as strata building defects may not be immediately apparent.
Dealing with payments under the Building and Construction Industry Security of Payment Act 1999 (NSW) (“SOPA”)
David Bannerman and Ben Robertson, Bannermans Lawyers
Sep 2015: Generally, in comparison to litigation in Court the SOPA progress payment claim process can be a quicker interim method to resolve progress payment disputes and obtain progress payments.
Building defects and maintenance
Jamie Killorn, K&S Building Management Services
Jul 2015: What do I do if I have strata building defects in my apartment? Find out the steps to take when dealing with NSW building defects and maintenance.
Resolving building disputes
NSW Fair Trading
Things do not always go to plan when you are building or renovating, but there are steps you can take to help resolve disputes between you and your home building contractor. It is important to develop and maintain positive communication with your builder or tradesperson. If people in a home building dispute do not speak to each other about the problem, it becomes very difficult for the issue to be resolved.
Planning Circular: External Walls and Cladding
NSW Planning and Environment
The recent Lacrosse building fire in Docklands, Melbourne, has highlighted issues with external wall construction and the use of certain aluminium composite panels as part of an external wall system or as an attachment to an external wall.
Mixed Media about Strata Building Defects
Strata title living – how much do you know?
UNSWTV
May 2012: One in ten Australians live in strata titled homes such as apartments or townhouses; in Sydney it’s closer to one in four. But how much do we know about strata title living and what it involves?
Dealing with Defects
A presentation made by Dr Hazel Easthope of UNSW at the Owners Corporation Network Quarterly Meeting May 2011 discussing strata building defects.
Chris Kerin, Kerin Benson Lawyers on Channel 7 News
Nov 2014: Christ Kerin appears on Channel Seven News on 15 November 2014 in relation to reforms in residential building laws affecting thousands of lot owners in NSW.
Renting / Buying / Selling Strata & Strata Legislation NSW
Articles
- NSW: Owners Corporation Failure to Consider the Rights of the Tenant Oct 2017 - We often see a failure to consider the problems of a tenant. If a tenant suffers, the owner’s corporation says
- 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: 10 Steps to a DIY Strata Report Mar 2017 - So your keen to carry out your own strata inspection report? Here’s a guide to help you get started …
- Buying a Strata Property? Be Aware There Are Two Types of Buildings Feb 2017 - If you are a considering buying a strata property, it is important to undertake a detailed review of the owners
- NSW: Buying into Strata – Can I renovate my apartment? (Part 3) Feb 2017 - Buying strata and want to make some changes to the unit? You may ask - can I renovate my apartment?
- NSW: Strata Managers vs Real Estate Agents – PODCAST Feb 2017 - Real Estate Agent Duties and Responsibilities including tips for quick action steps to take for improving a problem relationship.
- NSW: Buying Into Strata – What is a Special Levy? (Part 2) Feb 2017 - What is a Special Levy? A Special Levy is a one-off payment due by all owners when there’s not enough
- Buying Strata Property NSW … have you done your homework? Nov 2016 - Strata is a great living option … however, you want to be prepared for any lifestyle adjustments that you have
- NSW: Is Change In The Air For Short-Term Letting? Sep 2016 - If the City of Sydney has its way, some types of short-term holiday lettings will become legal in NSW without
- NSW: Strata and Tenants – What are tenants rights after the Reforms? Sep 2016 - In this edition we consider the amendments to the Strata Schemes Management Act that relate to Tenant Representation. The amendments
How A Strata Building Can Use By-Laws to Deal With Short Term Letting
Amanda Farmer, Your Strata Property
May 2016: Short term letting by-laws: what rights does an owner’s corporation have around restricting the types of occupants in a building?
Airbnb – Is Your Strata Building Becoming a Party Hotel?
David Bannerman & Mark Pollinger, Bannermans
May 2016: The rapid expansion of Airbnb and other online letting services has become one of the most controversial issues for the strata sector.
Strata By-Laws – What Investment Property Owners Need to Know
David Bannerman & Mark Pollinger, Bannermans
Apr 2016: The new strata laws 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.
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 reforms.
FAQs
- NSW: Q&A Should a Free Strata Report be available at inspection? Apr 2018 - Question: When inspecting a strata unit, should a free strata report be available for prospective purchasers? What documentation should the
- NSW: Q&A No knowledge it was a strata duplex. What do we do next? Mar 2018 - Question: We bought into a duplex a few years ago. We know nothing about the strata duplex rules. It was
- NSW: Q&A Is Living in a Garage Illegal? How Do We Stop This? Oct 2017 - Question: How do we best address tenants using the garage as a spare bedroom? Is living in a garage illegal?
Q&A As a Tenant, How Do I Get The Owners Corporation to Approve My Bunny?
Andrew Jakes, Ace Body Corporate Management
May 2016: Question: Body Corporate and Pets NSW: Where Do Tenants Stand? My landlord says yes, but the owners corporation says no to my bunny.
Resources
Tenant Participation In a Strata Scheme
NSW Fair Trading
Tenants can now be represented on strata committees (the committee responsible for day-to-day management) if at least half of the units in their strata scheme are rented. Tenants can also attend meetings of the owners corporation except when financial and certain other matters are being discussed.
Collective sale of a strata scheme
NSW Fair Trading
Owners can collectively sell and redevelop their block if at least 75% of the lot owners agree and if certain requirements are met. Each owner must have 60 days to consider the ‘strata renewal plan’ and the NSW Land and Environment Court must check and approve all plans and approvals. All owners must receive at least market value for their property.
Buying into a Strata Scheme
NSW Fair Trading
How much do you know about buying strata property and living in a strata scheme? Before purchasing a strata title property you should be aware of the following issues……
Laurence Troy, Bill Randolph, Laura Crommelin, Hazel Easthope & Simon Pinnegar, UNSW
The aim of this project was to explore equitable and viable solutions to what has emerged as a fundamental issue facing Australian cities in coming decades: how to effectively, efficiently and inclusively redevelop older areas of privately owned multi‐unit strata titled housing to achieve the higher densities needed to accommodate population growth without exacerbating social inequalities and collateral social disruption.
The research therefore addresses questions of both feasibility and equity regarding the termination and renewal of strata schemes.
Mixed Media
Buying Strata Property
Audio by NSW Fair Trading
Are you thinking about buying or moving into a strata unit? People who have never previously lived in or owned a strata property may find the rules something of a culture shock.
eBook
Tenants’ rights manual: a practical guide to renting in NSW, 4th edition
Tenants’ Union of NSW
Especially for tenants and people who work with tenants on issues to do with renting.
Strata Managers & Strata Legislation NSW
- NSW: Strata Manager Advocates and Changes to NCAT Jul 2018 - The new Strata Schemes Management Act 2015 gives greater power to the NSW Civil Administrative Tribunal (NCAT) to hear matters.
- NSW: Q&A Appointing a New Strata Manager Before End of Contract Jun 2018 - Question: I require information on appointing a new Strata manager before the 12 month contract period is up. Our Strata
- NSW: Q&A Strata Manager Complaints and Unprofessional Advise May 2018 - Question: We got several pieces of advise and recommendation from our Strata Manger – some of those pieces are very
- Q&A The Tender Process: Changing Strata Managers in NSW Apr 2018 - Question: We are looking at changing Strata Managers in NSW. What is the process to carry out? How can we
- NSW: What does indemnity mean on a managing agency agreement? Jan 2018 - Strata managing agents are buoyed by the thought that strata corporations indemnify them for every loss. What does this mean?
- NSW: Licensing – A must for Strata Managers Oct 2017 - New legislation will require all certificate holders, within four years, to obtain a license. Strata managers may need to think
- NSW: Q&A Disputed term of appointment of strata manager Jul 2017 - Question: There is a discrepancy around the term of appointment of our strata manager. Appointment occurred at our first AGM.
- 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
- NSW: Q&A Can We Terminate Because We Don’t Have a Licensed Strata Manager? Jun 2017 - Question: What are the implications of not having a licensed strata manager? Can a termination of a contract signed with
- NSW: Is An Unsigned Agency Agreement Valid? [PODCAST] May 2017 - The legislation is quite strict about how strata management agency agreements are entered into, so what is the validity of
Q&A Strata Management Tenders /KPIs. What Should We Include?
Helen Wells, Acumen Strata Management
Jul 2016: Question: We are looking for suggestions for KPIs or Service level agreements to include in a tender document for appointing a Owners Corporation Manager
Q&A Small Strata Schemes – Can We Get Out of the Strata Management Contract?
Leanne Habib, Premium Strata
Jun 2016: Question: We have just purchased into a 2 lot scheme. Can we get out of the current contract & self manage the scheme instead?
Resolving Disputes at Strata Meetings – The Role of The Strata Managing Agent
Matthew Jenkins, Bannermans Lawyers
Feb 2016: Strata managing agents should approach strata dispute resolution with caution & in most cases take on a role akin to a mediator/facilitator and not a decision maker.
Why is it important to have a Licensed Strata Manager?
Inger Brettle, Premium Strata
Feb 2015: What does it take to become and remain a fully licensed Owners Corporation Manager, and why are you typically much better off appointing a well-regarded and trained professional?
Resources
Owners Corporation Manager
NSW Fair Trading
There are new accountability measures and obligations for strata managing agents, including new disclosure requirements and limits on appointment terms.
Governance – Working With Your Owners Corporation Manager
What you can expect from your Owners Corporation Manager?
Owners Corporation Network, with funding from NSW Fair Trading, has produced some guides about Owners Corporation Managers for the information of strata owners.
FAQs about Strata Managers & Strata Legislation NSW
FAQs: Strata Schemes: Owners corporation managers
NSW Fair Trading
Building Managers & Strata Legislation NSW
- NSW: Q&A Chairperson Also The Caretaker – With No Binding Contract Jun 2017 - Question: Can the Chairman of our Strata Committee take on the role of "caretaker" for our complex without any written
Strata Manager, Building Manager, Property Manager. What is the difference?
Leanne Habib, Premium Strata
Sep 2014: It is easy to get confused with all the jargon flying around! Let us try and explain the difference between a Strata Manager, a Building Manager / Caretaker and a Property Manager.
Managing agents and caretakers
NSW Fair Trading
A strata managing agent may carry out some or all of the functions, duties or powers of the owners corporation. Owners corporations must make sure that any managing agent they engage is licensed under the Property, Stock and Business Agents Act 2002 (the Act).
Strata Plans & Strata Legislation NSW
- NSW: 10 Steps to a DIY Strata Report Mar 2017 - So your keen to carry out your own strata inspection report? Here’s a guide to help you get started …
- Explaining the Tribunal process, including penalties under the new NSW law – PODCAST Feb 2017 - This podcast discusses how recent changes to the NSW Act have affected the way disputes are dealt with in the
Q&A Is this Building Under-Insured or has Someone Made a Mistake?
Paula Byrnes, metropolitan Strata Reports
May 2016: We are considering purchasing a strata property in NSW. Some information in the strata report was a concern. Could I have been given the wrong information, or is this building one to avoid?
What Documentation Should an Owners Corporation Have in the Strata Management Records?
Paul Mulligan, Paul Mulligan Property Group
Oct 2015: There are a number of reports that should form part of the Owners Corporation Strata Management Records. When conducting a strata inspection report, it helps when they are all included.
Strata Plans: Fast Facts 2015
NSW Government: Land & Property Information
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