Strata Legislation NSW

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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 Legislation NSW

Useful Links

Useful Links for Strata Legislation NSW

NSW Fair Trading

Strata regulator for New South Wales.

Strata Community Australia (NSW)

formerly known as the Institute of Strata Title Management. The leading professional body for the strata and community title sector in New South Wales with lots of strata title information.

Free Online Executive Committee Training

Available to those who are currently (or are interested in becoming) members of Executive Committees.

Strata Plans: Fast Facts

NSW Government: Land & Property Information

Owners Corporation Network (OCN)

OCN is an organisation of owners helping owners – people who have experience in strata living; who have confronted many of its inherent problems; and who have evolved strategies for dealing with the problems that the rapid growth in apartment and townhouse living inevitably brings.

OCN’s expertise is based not only on knowledge and experience, but on empathy – they understand the emotional impact of strata issues, as well as the legal, social and financial implications of living under a different set of rules from those that apply to free-standing homes.

OCN strives to improve strata living via education and advocacy.

City of Sydney: Apartment Living

Different rules and approaches in apartments can apply and not everyone is used to high-density living, so the City of Sydney developed a series of workshops to provide new strata residents with tips and strategies.

Strata Skills 101 workshops kicked off in 2012 and are continuing in 2013. The interactive workshops are presented by experts and run for 2 to 3 hours each. Please check our Strata Events page for more information concerning strata legislation NSW.

Australian Resident Accommodation Managers Association ARAMA (NSW)

The membership based industry body representing people involved in the Management Rights of property that operates under body corporate, strata or community title across NSW.

NSW Department of Planning & Environment

SEPP 65 – Apartment Design Guide: Tools for improving apartment design in NSW

The Apartment Design Guide provides consistent planning and design standards for apartment development across the State. It is a resource to enable councils, planners, developers and architects to improve residential apartment design.

Faculty of Built Environment, University of NSW

City Futures Research Centre

Renewing the Compact City: Interim Report

Laurence Troy, Hazel Easthope, Bill Randolph, Simon Pinnegar – City Futures Research Centre

This report presents data from the first stage of a research project called Renewing the Compact City which aims to investigate economically viable and socially sustainable approaches to renewal of existing multi-unit strata titled residential development in Sydney.

NSW: Engaging with Parliament – Contact your member

If you believe there is a strata issue that needs to be brought to the government’s attention.

Forms

Dispute Resolution

Strata Reforms

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: 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.

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 Smoking

Strata Smoking & Strata Legislation NSW

Articles

NSW: Smoking in Strata Buildings 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

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.

Strata Parking

Parking & Strata Legislation NSW

Articles

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 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
NSW: Q&A Can Access to Visitor Parking be Restricted? Jul 2016 - Question: Can access to the visitor parking spaces be restricted from guests who come to my apartment? My Body Corporate

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.

Neighbours and Noise

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

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

Pets in Apartments

Your Strata Levies

Common Property

Articles

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
NSW: The Owners – Strata Plan No 69140 v Drewe [2017] NSWSC 845 Nov 2017 - This article about the recent appeal before The Supreme Court: The Owners – Strata Plan No 69140 v Drewe [2017]

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

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
NSW: Q&A What Happens When The Common Areas Are Not So Common? Dec 2017 - Question: One particular lot owner has 'moved into' a section of the common areas and uses this space as their
NSW: Q&A Approval to change the colour of painted courtyard walls Dec 2017 - Question: I would like to change the colour of my painted courtyard walls. As the walls are impossible to see
NSW: Q&A Savings by disconnecting common area lighting in apartments Dec 2017 - Are we required to have common area lighting in apartments if we all agree to disconnect the power supply to

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.

Maintenance

Committee Concerns

NBN

Building Defects

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 Properties

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
NSW Strata Reforms & Tenants Rights Nov 2016 - When the new Management Act 2015 commences, “eligible tenants” have certain rights. Who are “eligible tenants”? What rights do “eligible
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

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……

Renewing the Compact City: Economically viable and socially sustainable approaches to urban redevelopment

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

Building Managers

Strata Plans / Strata Inspection Reports

Sustainability

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Featured Strata Legislation NSW Video

Strata Legislation NSW: Top 5 Ways the New Strata Reforms will Impact Your Life.

Choose a heading and explore articles and information about the topic in relation to Strata Legislation NSW

Please Note: see italic text below the relevant Acts for details about the changes to Strata Legislation NSW. This information has been provided by Leanne Habib, Premium Strata.

Strata Schemes (Freehold Development) Act 1973 No 68 and Strata Schemes (Leasehold Development) Act 1986 has been repealed by the Strata Schemes Development Act, 2015 NO 51 (NSW) (SSDA 2015)

Useful Links for Strata Legislation NSW

Forms for Strata Legislation NSW

NSW Fair Trading

NSW Land & Property Information

Problems With Apartments? Complaint handling in your owners corporation – Strata Legislation NSW

NSW Fair Trading

The NSW Civil and Administrative Tribunal (NCAT)

Neighbours and the law

What to do if you are unhappy with your strata manager

Strata Reforms & Strata Legislation NSW

Owners Corporation Network

Mixed Media about NSW Strata Reform

ByLaws & Strata Legislation NSW

Articles

FAQs

Resources

Strata Smoking & Strata Legislation NSW

Articles

FAQs

Resources

Cancer Council NSW

Mixed Media

eBooks

Parking & Strata Legislation NSW

Articles

FAQs

Resources

STRATA SCHEMES MANAGEMENT REGULATION 2016 – SCHEDULE 3 – Model by-laws including those concerning parking and vehicles for residential strata schemes

Noise, Neighbours & Strata Legislation NSW

Articles

FAQs

Resources

STRATA SCHEMES MANAGEMENT REGULATION 2016 – SCHEDULE 3 – Model by-laws including those concerning noise for residential strata schemes

eBooks about NSW Strata Noisy Neighbours

Strata Insurance & Strata Legislation NSW

Articles

FAQs

Pets & Strata Legislation NSW

Articles

FAQs

Resources

STRATA SCHEMES MANAGEMENT REGULATION 2016 – SCHEDULE 3 – Model by-laws, including those concerning the keeping of animals, for residential strata schemes

Strata Levies & Strata Legislation NSW

Articles

FAQs

Resources

Articles

Resources

STRATA SCHEMES MANAGEMENT REGULATION 2016 – SCHEDULE 3 – Model by-laws, including those concerning common property, for residential strata schemes

FAQs

Mixed Media

eBooks