Does an owners corporation have to enforce its by-laws? If an owners corporation decides to ignore breaches of its by-laws, can NCAT force the owners corporation to take action and enforce its by-laws? A recent NCAT case provides the answer to these questions. Read the article………………………..
Australia: Noisy Strata Neighbours – The Top Noise Complaints
Strata apartments come with many perks for owners and tenants but of course, there’s also a downside with one of the biggest complaints being noise. As more and more people enjoy apartment living noise complaints have increased in recent times by 33%* and they continue to rise. Read the article………………………..
Australia: Councils call for Strict Caps on Short Term Letting
Short-term rental accommodation (STRA) in strata properties will continue to be a highly contentious topic in 2023 with even more scrutiny and increasing backlash to the industry because of the current housing crisis. Read the article………………………..
Australia: Stretching time under the Strata Schemes Management Act, but not the Home Building Act
In a recent decision (Hua Nan Trading Pty Ltd v The Owners – Strata Plan No 32396 [2023] NSWCATAP 66) concerning the period of time within which parties may commence proceedings under section 106 of the Strata Schemes Management Act 2015 (NSW) (SSMA), the Appeal Panel held that the NSW Civil and Administrative Tribunal (NCAT) […]
Australia: By-Law Review: How strong will your by-laws stand in front of the current legislative framework?
Following our previous article on this topic, our suggestion remains that a scheme should regularly be reviewing their by-laws and considering if their by-laws are still appropriate and valid in accordance with the current legislative framework. Despite the question of enforceability, it is pertinent to have the review completed regularly to ensure that they meet […]
Australia: The Subcontractors Conundrum: How the D&BPA Empowers Owners Corporations to Pursue Justice
The Design and Building Practitioners Act 2020 (the D&BPA) is a relatively new piece of legislation in New South Wales, that has significant positive implications for owners corporations and their ability to claim against subcontractors for defective building work. Previously, a claim against a subcontractor for breach of statutory warranties arose if the builder and […]
Australia: Stretching time under the Strata Schemes Management Act, but not the Home Building Act
In a recent decision (Hua Nan Trading Pty Ltd v The Owners – Strata Plan No 32396 [2023] NSWCATAP 66) concerning the period of time within which parties may commence proceedings under section 106 of the Strata Schemes Management Act 2015 (NSW) (SSMA), the Appeal Panel held that the NSW Civil and Administrative Tribunal (NCAT) […]
Australia: Dishonest and Fraudulent Conduct: The Property Services Compensation Fund
Strata managers plan an essential role in managing the affairs of owners corporations which in turn have the responsibility of the management of common property in strata schemes. While the majority of strata managers are honest and act with integrity, there have been instances where they have engaged in dishonest and fraudulent conduct. Such misconduct […]
Australia: Strata Levies Soar as the Cost of Living Rises
As the financial pressure heightens with rising interest rates and cost of living increases we’re seeing more and more people default on their levy payments. We all know that raising and collecting strata levies for building maintenance and scheme administration is fundamental to an efficiently run strata complex. Read the article………………………..
Australia: Solar in Strata – What to Consider First (WA)
As the world becomes more aware of the importance of sustainable living, many strata buildings are considering switching to solar power to power the common property of the building. Not only does solar power help to reduce carbon emissions, but it can also save you money on your energy bills in the long run. Read […]
Australia: Contestable Energy Consumer: What it Means for Your Strata Building (WA)
A contestable energy consumer is a customer who has the ability to choose their own electricity retailer, rather than being limited to the local distribution company. For strata buildings in Western Australia, this means that if your Strata Company (common property or embedded network) uses more than 50 MWh per year (about $15,300) , you […]
Australia: Why Should Our Strata Consider an Embedded Network?
The majority of strata titled properties in Western Australia are set up to monitor and measure electricity using a multi master network. This is where a strata / survey-strata scheme has lots that are individually metered for their electricity. Lot owners in a multi master network are buying electricity directly from a retail supplier (Synergy) […]
Australia: Piercing the corporate veil with the duty of care under the Design and Building Practitioners Act 2020 (NSW)
The Design and Building Practitioners Act 2020 (D&BPA), which was famously the NSW Government’s response to the increase in defective works for multi-level construction projects and class 2 building works was a game changer against responsible building contractors and developers escaping liability by introducing a retrospective duty of care. The legislation has recently been tested […]
Australia: This parking behaviour is creating a nuisance and we thought we made a by-law to avoid this?
The case of The Owners Strata Plan No. 2245 v Veney [2020] NSWSC 134 serves as an important guide for the interpretation of by-laws and exploring parking behaviour considered to be a nuisance in a strata scheme. Read the article………………………..
Australia: change to queensland strata laws: is the “castle” revisited?
Despite pages of recommendations for changes to strata laws submitted by Queensland Law Society’s Property and Development Committee (of which our lawyers actively participate), the State Government has decided to focus its efforts on addressing a singular issue within the Property sector. This change, perhaps unsurprisingly, addresses the drastic undersupply of accommodation in Queensland. Read […]
Australia: EV charging – everything developers, strata managers and architects need to know
The transition to electric vehicles (EVs) is well underway, and with it, the need to provide EV chargers in multi-residential buildings. EV charging presents multiple challenges in terms of infrastructure and cost. What do developers, strata managers and architects need to know? And what can be done to future-proof new and existing assets? Read the […]
Australia: EV charging – everything developers, strata managers and architects need to know
The transition to electric vehicles (EVs) is well underway, and with it, the need to provide EV chargers in multi-residential buildings. What do developers, strata managers and architects need to know? And what can be done to future-proof new and existing assets? Read the article………………………..
Australia: NSW Court provides hope for owners corporations!
NSW has received a significant amount of rainfall over the last 18 months which has led to an increase in the number of claims made by lot owners against owners corporations in regards to common property and water leaks. These claims can be challenging and difficult for an owners corporation to defend but a recent […]
Australia: NCAT’s Unlimited Jurisdiction – Work Orders
The recent decision in The Owners – Strata Plan No 93227 v In Style Developments Pty Ltd [2023] NSWCATCD provides insight in relation to the interplay of works orders, money orders and the transfer of proceedings to a Court. Read the article………………………..
Australia: The Role Of Strata Management Companies In Ensuring Smooth Community Living
Living in a strata community is the perfect way for Australians to combine the convenience of apartment living with the communal benefits that come from shared ownership. But, as any avid condo or townhouse resident knows all too well; managing and maintaining a block comes with its own special set of complexities. Read the article………………………..
Australia: Is the Retro Fitting of EV Chargers in Strata Unviable?
Under a plan by the City of Sydney all new apartment blocks will need to provide EV chargers and existing apartment blocks will need to retrofit EV chargers as the Council pushes to drive the uptake of EV’s and drive net zero emissions by 2035. Read the article………………………..
Australia: Is Strata a Fourth Tier of Government?
Despite the oft-repeated rhetoric that strata title is the fourth tier of government, let’s not kid ourselves about the seriousness and/or fairness of governance in the strata sector so as to make ourselves feel better and more important. Instead, let’s focus on what strata stakeholders actually need. Read the article………………………..
Australia: Are EV’s a Risk for Older Strata Buildings?
From October 2023, a new federal policy will come into place for electric vehicles (EV’s) relating to EV charging in apartment blocks. The new policy states that it is mandatory for all apartment buildings to be built allowing for EV charging infrastructure. But… what about existing older strata buildings and the growing demand for EV’s […]
Australia: Passing on Unnecessary Costs Caused by Owners & Occupiers – How far can you go?
Managing unnecessary costs or charges to strata schemes caused by owners and occupiers can be a major source of frustration for owners corporations and their strata managing agents. Such costs and charges can span a wide range, Read the article………………………..
Australia: Damages Claims Against Strata & Building Managers
Can a lot owner now make claims against building and strata managers for negligence? A recent decision of the Appeal Panel of NCAT has not ruled out the possibility that NCAT may be able to award damages to a lot owner for negligence by a strata manager and/or building manager of a strata scheme. Read […]
Australia: Supreme Court Rejects Owner’s Claim for Damages
Recent heavy rainfall in Sydney has led to an increase in compensation claims by lot owners against owners corporations due to water leakage and consequential damage. Read the article (PDF)………………………..
Australia: Pet owners in a strata property can keep any pet they like
The Strata Tribunal has flipped the script on pets in Strata Schemes. It has decided that Strata Schemes cannot refuse permission for pets except for good reason. It has decided that Pet owners in a strata property have the right to keep any pet they like, so long as the animal does not unreasonably interfere […]
Australia: Encroaching Walls – What can you do?
The recent decision in Hickey v The Owners Strata Plan 78825 [2022] NSWLEC 135 gave consideration to the characterisation of the Encroaching and Adjacent Owner under the Encroachment of Buildings Act 1922 (NSW). This case concerned a retaining wall that had been constructed by previous owners on the boundary between the Applicants and the Respondents. […]
Australia: Is Replacing Roof or Wall Cladding Exempt Development?
Individual buildings will need to obtain specialist advice to determine if these works are exempt development, but some of the reasons why it may be not exempt include (not exhaustively): Read the article………………………..
Australia: Does NCAT have the Power to Resolve all Strata Disputes? (NSW)
A recent hot topic has been the width of the powers given to NCAT to resolve strata disputes. In particular, can NCAT resolve any strata dispute or just some disputes? This interesting issue was considered in a recent decision of the Appeal Panel of NCAT. Read the article………………………..
Australia: New rules for Strata Agents & Residential Property Agents (NSW)
Updated rules for strata managing agents and real estate agents including assistant agents commenced on 1 September 2022. The laws incorporated feedback from the public consultation in June and July this year on the Property and Stock Agents Regulation 2022. Read the article………………………..
Australia: What you need to know about strata plans
In a Strata Property, it is important for the boundaries of each lot to be clearly defined, common areas to be established, and for any barriers or hinderances to be identified as early as possible. Read the article………………………..
Australia: Differential Levies: Cn You? or Can’t You? (NSW)
Suppose your owners corporation wants to raise a special levy for the installation of IT infrastructure for the building. No issue there, raising a special levy and passing a simple resolution of the owners corporation at general meeting under section 83 of the Strata Schemes Management Act 2015(the Act) would suffice together with a resolution […]
Australia: The tumbling tumbleweeds of NSW Strata Law Reform
When I started to write this newsletter in early 2020, there was much excitement about major reforms of NSW strata laws. But, almost 2 years since the reform process was announced, I’m still watching the strata tumbleweeds roll by without anything useful really happening. Why am I surprised? Read the article………………………..
Australia: NSW Supreme Court Rules By-law Void for Uncertainty
A recent NSW Supreme Court ruling invalidated a by-law that required several owners corporations in a prominent strata complex in Sydney to all use the same strata manager. Read the article………………………..
Australia: Why Strata Managers should STOP doing night meetings routinely?
The strata industry can be an amazing area to work and be a part of, however being a strata manager is a lot of work and the role can be somewhat like a stage play. A lot of work happens behind the scenes to ensure everything runs smoothly. One of the down sides and difficult […]
Australia: What is a Class 1 and what is a Class 2 Building?
Answer: The answer comes from Volume 1 of Part A6 of the National Construction Code (NCC) 2019: Read the article………………………..
Australia: What approval do I need from the owners corporation for my work?
One of the most common types of requests in a strata scheme is for a lot owner to do work to their lot. In this session we are talking about types of approval required for works to your lot. There are three types of approvals. Read the article………………………..
Australia: Building Compliance and Enforcement Bill 2022 suggests even more power for the NSW Building Commissioner
The glacial pace at which NSW strata owners corporations operate in maintaining and repairing their common property will end under proposed new laws released for consultation last week. Titled the Building Compliance and Enforcement Bill 2022, NSW is proposing radical changes to the way statutory duties of owner’s corporations are enforced. Read the article………………………..
Australia: Effective from 1 September 2022, PSAR Regulation – New Provision about Handover of Records to Self-Managed Schemes
The primary change for strata and community managing agents relates to the expansion of the requirements under Schedule 4 Rules specific to strata managing agents and assistant strata managing agents (previously Schedule 6 of the 2014 regulations). Clause 1 of Schedule 4 is set out in full below: Read the article………………………..
Australia: Electric Vehicle (EV) By-laws – Seven By-law Considerations!
EV by-law’s prepared by our team permits all owners to install electric vehicle chargers in their car spaces or garages and connect those chargers by cabling leading to the switchboard. However, there are a number of matters an owners corporation needs to consider when adopting the by-law and permitting owners to install electric vehicle chargers. […]
Australia: Unauthorised Renovations Works: Unscrambling the Egg
The perennial problem of owners who carry out unauthorised renovations works to common property continues to rear its head. Here we look at the different strategies for dealing with unauthorised renovations works and explore the problems that arise when an owners corporation ignores the problem for too long. Read the article………………………..
Australia: How to address strata property damage during a storm
Stormy weather, especially during the winter seasons can cause some serious damage to property. If your property is damaged, do you know who best to contact, be it your Strata Manager, Insurer, SES or triple zero? In some cases, a contractor can be engaged to mend the damage with little impact on residents, however in […]
Australia: What if your owners corporation fail’s to maintain your property?
There is a plethora of cases where unit owners have made successful claims for compensation against the owners corporation in circumstances where there were defects in the common property of the unit block, which subsequently caused water damage to the owners’ units. Read the article………………………..
Australia: Compulsory strata management and strata scheme dysfunction – recent trends
Residential strata has benefits – close neighbours, sharing in maintenance and management costs, voting on by-laws, and peace of mind with competent strata management. There is also an important further element, sometimes necessary in achieving the above outcomes – specific statutory rights given to lot owners. These rights can curtail unfair or oppressive by-laws and […]
Australia: Compulsory strata management and strata scheme dysfunction – recent trends
Residential strata has benefits – close neighbours, sharing in maintenance and management costs, voting on by-laws, and peace of mind with competent strata management. Read the article………………………..
Australia: Five reasons why strata communities get involved in water leak disputes
To those of you who were previously involved in water leak disputes in your development, you would know that these types of issues get quite complex. Do strata communities have to get involved in owner-to-owner water leak disputes? Read the article…………………………..
Australia: Mandatory Audit Requirements for Owners Corporations – Act
In the Australian Capital Territory (“ACT”), the executive committee for an Owners Corporations (“OC”) is required to have the OC’s annual financial statements audited and tabled at its annual general meeting. Read the article……………………………….
Australia: Five reasons why strata communities get involved in water leak disputes
To those of you who were previously involved in water leak disputes in your development, you would know that these types of issues get quite complex. Do strata communities have to get involved in owner-to-owner water leak disputes? Read the entire article……………………………….
Australia: Five years on from Grenfell, and what have we done?
The fifth anniversary of London’s Grenfell fire on 14 June is a time to reflect. 72 lives were lost, the families and communities involved were devastated, and as a result of the disaster, leaseholders and strata property owners worldwide suffered the financial stress and mental anguish of removing combustible cladding. It is a time to […]