Things have been looking pretty good for pets in strata and other buildings in Victoria. But, the laws and court decisions are not completely comforting, the fights are not over yet, and, the future for strata pets will likely depend on their [and their pet owner’s] behaviours Read the entire article……………………………….
Australia: Electronic strata meetings and voting permitted (NSW)
In response to the current COVID-19 lockdown restrictions in NSW, temporary amendments have been made to the Strata Schemes Management Regulation 2016 (NSW). As of 21 July 2021, strata committees and owners corporations are permitted to meet and vote electronically (for example, email, teleconference or video conferences). Read the entire article……………………………….
Australia: How Builders & Developers Resist Strata Building Defect Claims [the free version]
If strata buildings want to get builders and developers to fix their defects and to win their claims, then they need to play the defects game better. One easy way is to know and understand their opponents’ approaches, strategies and game plans … Read the entire article……………………………….
Australia: Enter the Matrix [for Strata Building Defects]
The emergence of digital strata building construction data has many potential quality assurance benefits. But, it could equally create a new digital building world that like, in the Matrix, doesn’t reflect reality. So, where are our strata Morpheus, Neo, and Trinity in this epic saga to keep the machines in check … Read the entire […]
Australia: Considerations for Bodies Corporate when it comes to EV Charging
Electric vehicles are growing in popularity and decreasing in cost. What does this mean for Bodies Corporate? This means that they have a choice: to either confront the issue now or to wait and try and resolve the issue when it becomes ripe. Ideally, Bodies Corporate should have a plan. Put simply by Alan Lakein, […]
Australia: A Strata Management Head Spin
So, what gives when one group of strata managers promotes their increasing professional standards whilst another strata manager bemoans low strata management standards? Who’s right and who’s wrong? Or, can they both be right … Read the entire article……………………………….
Australia: Strata community disputes, how to avoid them
Buying into a strata community can be confusing so it is important to set yourself up for success. This starts with understanding what you as an owner are responsible for and what is considered common property, reviewing finances and any issues they may be facing. This will save a lot of time and possible frustrations […]
Australia: New Ideas for Strata Disputes
The way strata disputes are handled hasn’t changed much over the last few decades, they aren’t going away and almost everyone relies on government-run programmes. So, what could strata stakeholders lose by trying something new Read the entire article……………………………….
Australia: Other Ways with Overdue Strata Levies
Unpaid strata levies have bedeviled strata buildings, committees, and managers since the second quarter of the first strata building. But, given the unique nature and characteristics of strata buildings, strata levies, and, strata owner obligations, maybe we’ve been looking at this problem from the wrong perspective. Read the entire article……………………………….
Australia: Suing for Strata Building Defects (QLD)
Since most strata buildings don’t have home building insurance [as they’re over 3 storeys] and even where insurance exists it is ‘last resort’, they have to sue the builder [and sometimes others to get defects fixed]. So, it’s time we all brushed up on the basics and not so basics of suing for strata building […]
Australia: Don’t Be a Nuisance
Nuisance is defined by the Oxford Dictionary as: “a person or thing causing inconvenience or annoyance.” In NSW, private nuisance laws are generally derived from case law (the common law), rather than statutes and legislation. Nuisance can be used to address a number of environmental concerns including interference with your enjoyment of property caused by […]
Australia: The High Court’s Decision in Brookfield’s Case
A bit like Ali v Frazier, I think that whilst strata building defect negligence claims have taken a solid blow from the High Court’s decision in Brookfield’s Case, the fight ain’t over yet. Maybe strata buildings just need a new coach, some training to get match ready, and, some new moves; then they can stage […]
Australia: Suing for Strata Building Defects: A 2021 Update
Since most strata buildings don’t have home building insurance [as they’re over 3 storeys] and even where insurance exists it is ‘last resort’, they have to sue the builder [and sometimes others to get defects fixed. So, it’s time we all brushed up on the basics and not so basics of suing for strata building […]
Australia: When Strata Owners Vote
Despite their number, wealth, and ability to coordinate and act collectively, strata owners have not been effectively represented in politics and government all around Australia. Why is that? Here’s an overview of the experiences so far and some ideas for the future. Read the entire article……………………………….
Australia: Strata Managers – How Are They Regulated? (NSW)
While of course your strata manager and community, precinct or neighbourhood manager must adhere to strata and community title legislation they are also regulated by the Property & Stock Agents Act 2004 and the Property & Stock Agents Regulations 2014 and their agency agreements. A licensee in charge must hold a class 1 licence, other […]
Australia: How Many Strata Managers Does it Take to Change a Light Bulb?
Or, why we need a lot more strata managers [and other related change] Did you hear the joke about the strata manager? No? Well, I’ll tell you that joke, but it has an unexpected punchline about strata title sector issues. Warning! This is a semi-satirical piece. Read the entire article……………………………….
Australia: A Different Approach to Strata Building Operations: [Part 1] Organising Activities
We’ve been categorising the things that strata buildings do according to the way strata laws have defined them. But after 50 years, it seems to me there’s a better way to think about strata activities, decisions, and communication that is more logical, practical, and efficient. Read the entire article……………………………….
NSW: What is a Nuisance?
The Strata Schemes Management Act 2015 requires, at section 153, that lot owners and occupants must not cause a nuisance. But, what is a nuisance and when does annoying behaviour cross the line into constituting an actionable nuisance? A nuisance could be created by noise, by smoke drift or offensive or harmful smells or by […]
Australia: Serious Structural Faults: The New Normal in Strata Buildings
We’re seeing more structural faults in strata buildings these days and this ABC News report highlights another instance in a large Sydney development. According to the reporting, Toplace Group’s Skyview 960 apartment complex in Castle Hill is under review by NSW Fair Trading amid the discovery of ‘structural issues’ that will require ‘specialist engineering advice’. […]
Australia: New Short-Term Rental Accommodation Legislative Regime in NSW
On 9 April 2021, the NSW government announced a new statewide policy for Short-Term Rental Accommodation (STRA) including the the Environmental Planning and Assessment Amendment (Short-term Rental Accommodation) Regulation 2021 and State Environmental Planning Policy Amendment (Short-term Rental Accommodation) 2021 which introduced a number of important reforms for the industry. These are scheduled to take […]
Australia: Queensland’s Strata Pet Tug of War
Strata pets aren’t celebrating in every state yet, as some places [like Queensland] are still making and enforcing by-laws and rules that prohibit pets or impose very strict controls on them. Are they right or are they out of step with laws, social moods, and post-Covid times? Read the entire article……………………………….
Australia: Be Wary of any Combustible Cladding Material in Excess of 8% PE (NSW)
The NSW Government has created the Cladding Product Safety Panel to provide expert advice to the NSW Cladding Taskforce and the Cladding Support Unit on the suitability of cladding replacement products and external wall assembly methods. The Cladding Product Safety Panel (“CPSP”) members are made of experts trading in fire safety engineering, product testing, building […]
Australia: How Many Strata Managers Does it Take to Change a Light Bulb?
Some of the real things my strata manager lightbulb joke reveals include the following things. I’m summarising them here. But I will write about each of them in more detail in the future as they each require a more complex and nuanced analysis. Read the entire article……………………………….
Australia: SUSTAINABILITY INFRASTRUCTURE: WHAT IS IT & HOW HAS INSTALLING IT BEEN MADE EASIER?
On 16 February 2021 the Strata Schemes Management Amendment (Sustainability Infrastructure) Bill 2021 was passed. It received assent and became the Strata Schemes Amendment (Sustainability Infrastructure) Act 2021 on 24 February 2021 which was also when provisions around sustainability infrastructure commenced. These provisions have now been inserted into the Strata Schemes Management Act 2015. […]
Australia: Pets in condos: advocates press stratas to adopt more animal-friendly bylaws
Last year, an Australian court struck down a strata ban on pets because it was “oppressive”. The court issued the decision in a case involving a luxury-condo tower in Sydney and a dog named Angus. Read the article……………………………………
Australia: New Regulations – Advice for Owners (QLD)
he new regulation modules updates commenced 1 March 2021, the key changes to these can be broken down into three categories: Committee Matters General Meeting Matters, and Administrative Matters This article will provide advice to owners on all three matters. Read the article…………………………………..
Australia: What Can You Expect from Your Strata Manager?
A strata title comes with several things to consider, and one of these is the person or institution to take up the role of a strata manager. A strata manager is in charge of the maintenance of a strata title property. A strata manager Brisbane takes care of the day-to-day management of the property on […]
Need to Install or Replace Smoke Alarms? Who is Liable?
Proper management of smoke alarms within strata buildings, including initial installation and ongoing maintenance, is an important safety concern, generally taken seriously by all concerned. However, depending on the equipment used, costs can be significant and issues can arise as to who is responsible for those costs. Read the article…………………………..
Australia: Prohibiting Short Term Letting in NSW Schemes – The Devil is in the details (NSW)
From 10 April 2020 owners corporations were able to rely on by-laws that prohibit short-term letting. As always however the devil is in the details. When trying to regulate short-term letting, the first point that owners corporations and owners should be aware of is that a by-law can only prohibit short term letting where the […]
Body Corporate Managers, Committee Members and Resident Managers Commissions and Other Benefits
In Queensland, body corporate managers have a number of disclosure obligations in relation to any commission, payment or other benefit they receive. Recently, the Queensland Government released new body corporate regulations (Standard Module, Accommodation Module, Commercial Module, Small Schemes Module and Specified Two-lot Schemes Module), which will replace the existing regulation modules on 1 March […]
Australia: New defect rectification guide helps apartment owners navigate building faults (NSW)
The step-by-step guide helps strata property owners and managers with the process of identifying and rectifying defects in apartment buildings. Read the article…………………………………
Australia: A New Duty of Care: Game Changing Protection for Property Owners (NSW)
The Design and Building Practitioners Act 2020 (NSW) is the major legislative response to public concerns regarding defective buildings in New South Wales. Major developments at Mascot Towers and Opal Towers have received notorious media attention, and residential owners have been exposed to eye-watering rectification costs. At the same time concerns regarding the fire risk […]
Australia: Building Defects: Who Pays? (NSW)
In 2012, and major study by the University of New South Wales found that 85% of strata owners had to address costly building defects. Since then the problem seems to have grown even worse, with some notorious major developments and a state-wide fire safety issue with external cladding materials. Building defects are an ever-present risk. […]
Australia: Living the High Life: A summary of recent changes to body corporate arrangements nationally
Modernised Acts and regulations across three jurisdictions will affect body corporates. Changes to legislation that impact on various aspects of body corporates (also known as owners corporations and strata companies) have recently been introduced in Queensland, Western Australia and the Australian Capital Territory. These changes, which are summarised below, are important for developers, strata managers […]
Australia: What Causes Strata Conflict?
At the core of most strata conflict is someone refusing something. For example, the committee refusing to approve a pet, or an occupier refusing to comply with a by-law. Or it is even simpler than that, such as an owner refusing to pay levies or vote at a general meeting. The legalistic approach to resolving […]
Australia: Leasing or Licensing Common Property (QLD)
If the common property is going to be used in a way which is substantial, permanent or could interfere with another person’s use of the common property, some form of use right is required over that part of the common (The Lookout [2000] QBCCMCmr 653 and Fountain View [2004] QBCCMCmr 543 have held that). Read […]
Australia: Does NCAT have the ability to award damages under s106? The Court of Appeal decides in Vickery v The Owners – Strata Plan No. 80412 [2020] NSWCA 284
Section 106(5) of the Strata Schemes Management Act 2015 introduced a new ability for lot owners. This was that a lot owner had the ability to recover from the owners corporation as damages for the breach of statutory duty, any reasonably foreseeable loses they suffered as a result of the owners corporation’s contravention of section […]
Australia: NCAT’s Dispute Resolution Power – How far does it go?
This has been vexed question over the last 2 years with many different decisions. In respect of the power to issue an order for damages against and owners corporation for failing to repair and maintain common property, the Court of Appeal has found that the Tribunal had such power in the matter of Vickery v […]
WHO KNOWS YOUR FINANCIAL INFORMATION? PRIVACY AS PART OF AN OWNERS CORPORATION
On 16 September 2020, the case of Walker v The Owners – Strata Plan No. 1992 [2020] NSWCATAP 192 was determined by the NCAT Appeal Panel. This case involved a lot owner seeking access to certain financial records for levies paid from 2018 to date. Read the article……………………………………..
Australia: What a pet friendly by-law needs to cover (NSW)
The search is on for the best pet friendly by-law for a strata scheme. There are many choices to be made: Will it be ‘open door’ or ‘case-by-case’? Will it be ‘one pet or two’? Will it limit the breeds and weights? And what restrictions will apply to prevent a nuisance, hazard or loss of […]
Australia: Body Corporate vs Body Corporate Manager – Roles and Responsibilities (QLD)
Are you unsure on the role of a body corporate manager as opposed to the body corporate? Strata Community Association (QLD) has created a guide differentiating the roles and responsibilities of body corporate managers and a body corporate. The guide can be kept as a handy reference for committee members and be distributed to owners […]
NEW BCCM REGULATION MODULES 2020 (QLD)
After a very long wait, the Queensland Government has today published new BCCM Regulation Modules that will commence on 1 March 2021. For the most part, the changes in these 2020 Regulations simply legitimise many modern practices, such as electronic voting. Importantly, the new Regulations will close a loophole that developed whereby powers of attorney […]
Should a Builder be Given an Opportunity to Rectify its Own Defective Work?
In a recent case, Ippolito v Cesco [2020] NSWSC 561 (“Cesco”), the Supreme Court shed further light on this question. Essentially, it confirms previous Supreme Court decisions, especially The Owners – Strata Plan No 76674 v Di Blasio Constructions Pty Ltd [2014] NSWSC 1067 (“Di Blasio”) and The Owners Strata Plan 73162 -v-Dyldam Developments Pty […]
Taxation of Strata Schemes – What is TR2015/3?
The ATO has clarified its position regarding a number of income tax issues pertaining to bodies corporate constituted under strata title legislation, issuing taxation ruling TR 2015/3. TR 2015/3 replaces the earlier draft ruling TR 2015/D1. The ATO considered numerous submissions and comments in relation to the draft ruling and made a number of changes […]
Australia: Strata Title Reform- Are You Required to Consolidate Your By-Laws? (WA)
There has been significant reform to the Strata Titles Act 1985 (WA) (Act) through the Strata Titles Amendment Bill 2018. The changes took effect on 1 May 2020. Some of the important amendments made to the Act include changes to the default by-laws that are automatically adopted upon registration of the scheme if the strata […]
Australia: Dispute resolution: What to do and what has changed (WA)
Community living has many advantages, but occasionally it can lead to disputes between residents. Managing and resolving conflict is a vital role of a strata manager. At ESM, we assist many strata companies with disputes, and our goal is to resolve the issue before the problem escalates further. This is achieved using communication techniques and […]
Australia: The importance of Reserve Funds & new requirements as per the Act (WA)
The amendments to the Strata Titles Act, which came into effect on 1st May 2020, introduced a new requirement for a designated Strata Company to establish a Reserve Fund. A designated strata company is a scheme with 10 or more lots, a scheme that has a building replacement cost of more than $5,000,000 or a […]
Australia: NSW Parliament Introduces a Statutory Duty of Care for Residential Building Work
In Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 (2014) 313 ALR 408, the High Court found that a builder did not owe a common law duty of care to the developer of residential apartment buildings or its successors in title (including an owners corporation) for economic loss caused by defective work. The High […]
Australia (NSW): Can parking in your own car space be considered a nuisance?
In a recent decision of The Owners Strata Plan No 2245 v Veney [2020] NSWSC 134 (Veney Case), the Supreme Court of NSW was asked to consider: whether they could make a declaration implying an additional term into an exclusive use by-law, being a by-law which gave the relevant owner the exclusive use of a […]
Australia: What will strata management look like in the future?
May has been a historic month for Strata Management in Western Australia. The Strata Titles Amendment Act was officially proclaimed, and changes have been rolling out all across the state. We have already received positive feedback from some of the more obvious changes, such as 10-year maintenance plans but I think the biggest changes, such […]