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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Deferral of Strata Building Bond Scheme to 1 January 2018

We wanted to provide you with this update regarding the implementation of the NSW Residential Developer Bond and Defect Inspection Regime. This ‘Developer Bond Regime’ was to be introduced by the new Part 11 of the Strata Schemes Management Act 2015 (NSW), which came into effect on 30 November 2016. The regime entails the provision…

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Q&A: Who Can Access the NSW Strata Trust Account?

In the case of sole trader Strata Managers (one person), how does the Executive Committee gain access to the Strata Trust Account if their strata manager passes away? In brief, the Unclaimed Money Act 1995 (the Act) now applies to unclaimed money held in a trust account under the Property, Stock and Business Agents Act 2002….

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Information on by-law breach penalties

We have written a new article explaining the available penalty options for by-law breaches in NSW strata buildings. Strata residents in breach of any by-law, risk that the Owners Corporation makes an application to NCAT for the imposition of a civil penalty for breaching the by-law. Such penalties are quite severe. The new strata legislation…

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