November Newsletter 2021
PAPER CERTIFICATES OF TITLE
HAVE BEEN ABOLISHED
Dear Members,
Just a reminder that their have been changes to the land titles system in NSW which include:
- The cessation of all Certificates of Title (for both lot and common property)
- 100% eConveyancing via the mandate of 100% of Real Property Act dealings for electronic lodgement through an ELNO (eg PEXA) by a subscriber (lawyer or conveyancer).
These changes will be effected by the Real Property Amendment (Certificates of Title) Act, 2021 (NSW).
All existing certificates of title will be cancelled and will no longer be issued. An “Information Notice” will be issued in lieu of a certificate of title for all property ownership in New South Wales including common property and lot property certificates of title.
Land dealings (such as by-law registrations/consolidations) will only be able to be carried out electronically by a subscriber such as a lawyer, licensed conveyancer or bank, through an electronic lodgement platform, such as PEXA.
NSWLR has further information – click here.
Stay Safe and Informed!
Regards,
Leanne Habib
CEO
NSW: Q&A Noisy Neighbour, Renovations and Construction Noise
Question: I’m a healthcare shift worker. My downstairs neighbours says I can’t shower after 9pm. What are my rights here?
I am renting an apartment. The woman below me is quite noise sensitive and isn’t the type of person I want to upset. However, I am a healthcare worker and do shift work. My job entails showering and changing incontinence pads, so when I come home, I would like to shower. She is now saying I can’t shower after 9pm because of noise laws. Is this the case? Especially during COVID-19 where hygiene now is paramount.
My shower isn’t loud- no squeaky taps or pipes. No water hammer.
What are my rights here? Am I allowed to shower?
Answer: In the absence of a by-law which might attempt to regulate showering times, it is reasonable for you to shower after 9:00pm, provided that you are not causing a “nuisance” which unreasonably interferes with your downstairs neighbour.
Offensive noise is defined in the Protection of the Environment Operations Act, 1997 as noise that by reason of its level, nature, character or quality, or the time at which it is made, or any other circumstances:
- Is or is likely to be harmful to a person who is outside the place where the noise is coming from; or.
- Interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or rest of a person who is outside the place where the noise is coming from.
“Noise” from showering does not appear to fall within the categories and even noise from air-conditioners is generally only regulated after 10:00pm.
In our view, in the absence of a by-law which might attempt to regulate showering times, it is reasonable for you to shower after 9:00pm, provided that you are not causing a “nuisance” which unreasonably interferes with your downstairs neighbour.
NSW: Q&A Can You Use Your Garage for Apartment Storage?
Question: I’m renting a unit in Brighton-Le-Sands, southern Sydney and I have a double garage. Can I use the garage for DIY projects rather than for parking of vehicles?
Answer: Seek strata permission through your strata manager or your strata committee.
It is advisable to seek strata permission through your strata manager (if you have one) or your strata committee. Depending on the type of DIY, you might be in breach of Council Development Consent for the building or the by-laws which apply to your scheme. Further, your projects may have insurance or fire or other health and safety implications for your scheme.
The rules which apply to your scheme are the by-laws and development consent for the building together with all relevant laws including the Strata Schemes Management Act, 2015 (NSW). You also need to comply with the terms of your residential lease and will need Landlord consent depending on the nature of your project. You should approach your strata managing agent (or strata committee) and your real estate agent/Landlord for guidance/permission.
NSW: Q&A Special Levies, Levy Payments and Overdue Levies
Question: My strata manager is withholding some of my levy notices. How do I ensure these late notices are sent to me, as the strata manager is ignoring my emails?
I think my strata manager is withholding some of my levy notices. They say I am unfinancial, therefore I could not vote at the last AGM. I’ve sent three emails asking for the levy notices that I’m missing.
How do I ensure these late notices are sent to me, as the strata manager is ignoring my emails?
Answer: Not receiving a notice isn’t a reason to not pay the levy.
I would definitely put it in writing if you haven’t already. When you do put it in writing, I’d give a reasonable timeline for compliance, ie the timeline for that Strata Managing Agent to respond.
If you feel that they haven’t yet responded, then you need to take further action and that is to apply to NCAT – your first step is mediation. I just wanted to note how we have a Section 83(4) of The Strata Schemes Management Act that doesn’t actually require a strata managing agent or the delegated Treasurer of an owners corporation to issue a levy notice. Although it’s a standard common industry practice that you would be served a notice every quarter reminding you and prompting you of the amounts due and payable, it’s not a legal requirement under the Act. Not receiving a notice is no reason to not pay the levy.
You should be writing to the Strata Managing agent, putting in writing, giving them a reasonable deadline to respond. If they haven’t responded, I would then make an application to the tribunal, and mediation is the first step.
I’m confident that when they receive an application for mediation, they will respond. Otherwise, they would have to give reason as to why they haven’t responded.
Another option is if your managing agent provides access to their portal you could uplift a levy statement. If you don’t already have access, request access to the portal, obtain your login details and try uplifting the levy statement through that portal.
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