Changes to the “Postal Rule”

The “postal” rule which used to provide that a document served by post was deemed served on the fourth (4th) working day, has been amended to now provide that a document is deemed served on the seventh (7th) working day after the day of postage. This amendment was effected by Schedule 1.18 of the Justice…

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NSW: Repeated Breaches – The Washings on the Line!

  Question: What action can the Strata Committee take to impose compliance for breaches? A lot owner is amplifying her non-compliance in response to being advised to cease her laundry drying practices. Answer: Issue a notice to comply and then pursue the matter through NCAT. The owner is clearly in breach of the by-law, so…

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NSW: Q&A Can We Avoid Strata Manager Insurance Commissions?

  Question: Our building insurance is due mid 2019. Is the Owners Corporation able to renew this themselves or must it go through the Strata Management Company? We would prefer not to pay our Strata Manager insurance commissions. Answer: You need to check what your contract states with regard to strata manager insurance commissions. If…

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NSW: Q&A Can I Put a Sign Up On My Apartment?

  Question: Can I have a political sign displayed on my apartment? I own the apartment. Does this rule also apply for ‘For Sale’ signs on apartments? Answer: Some buildings have specific signage by-laws prohibiting any signage whatsoever, with an approval process even in case of real estate ‘For Sale’ signage. Yes, buildings can restrict…

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Short-term Letting Update

  Short-term Letting Update The Fair Trading Amendment (Short-term Rental Accommodation) Act 2018 (NSW) was recently passed by both Houses and assented to. It has introduced a new Section 137A to the strata legislation which states that a by-law may prohibit short-term letting for non owner-occupiers. In other words, a by-law cannot prevent an owner-occupier…

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Ask Premium Strata – Intercom Systems

Intercom Systems Question: Hi Leanne, I’m a regular reader of your weekly Strata News and I had a query for you: Does the Owners Corporation have an obligation to provide an Intercom system for the building that it supervises?  Answer: We are pleased to hear that  you are regular reader of our articles! While there is…

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NSW: Q&A Owners Corporation Meetings – Times and Frequency

  Question: Are there rules concerning the actual time of day when an AGM is held? Answer: The timing should not “intentionally” be selected to prevent certain owners from attending. Though the strata legislation is silent on the point, some general rules do apply. While the timing of the AGM is at the discretion of…

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New Combustible Cladding Laws Introduced after Government Crack Down

New Combustible Cladding Laws Introduced On the 22nd October 2018, new laws commence. These laws are the Environmental Planning and Assessment Amendment (Identification of Buildings with Combustible Cladding) Regulation 2018 and State Environmental Planning Policy Amendment (Exempt Development – Cladding and Decorative Work) 2018. Owners of certain buildings with external combustible cladding will now be required to register…

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Ask Premium Strata – Owners Corp & Animals

  Owners Corporation & Animals Question: I was under the impression that there was legislation that said an Owner Corporation could not make laws to prohibit animals on any lot. However, it is important to have rules around common property and other sensible rules around owner and pet behaviour Could you please advise? Answer: An Owners…

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What are your rights to Legal Representation in Strata?

Mediation Since the introduction of the new strata legislation, Strata Schemes Management Act, 2015 (NSW) (“SSMA”) it is no longer the case that you may automatically have legal representation at mediation. In fact, under Section 220 of the SSMA, you have no entitlement to legal or other representation, unless all the other parties to the…

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Shifting GST payments from Developers to Buyers

Commencing on 1st July 2018, GST withholding obligations will be shifted from the developer to the purchaser of affected properties. The new laws only affect contracts which settle on and after 1st July 2018 and according to the REINSW the transitional provisions exempt contracts for sale entered into before 1st July 2018 provided that the…

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Access for disabled residents

A while ago J.S. Mueller & Co Lawyers published an interesting article about access to strata titled buildings for disabled residents. The article dealt with the important question whether an Owners Corporation must modify common property to accommodate the less able residents. “These residents may not be able to pass to and from their lots unless…

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