July 2020 Changes to Strata Schemes – What you Need to Know

  Rectification of building defects amendments to the Strata Schemes Management Act, 2015 (NSW) (“SSMA”) commenced on 1st July 2020 pursuant to the Strata Schemes Management Amendment (Building Defects Scheme) Act, 2018 (NSW).  These are welcome new laws which increase the rights of owners corporations to make claims against builders, developers and others to have…

Read More

NSW Q&A: Smoking Inside Your Apartment

Question: We live in a high rise apt block and a few years ago we voted against a no smoking building, but we are not allowed to smoke in all common areas. That is fair enough. I’m not a smoker. But living in the western suburbs with a reasonably large amount of tenanted apartments, most…

Read More

NSW Q&A: Rescinding Resolutions

Question: in relation to the article: NSW: Q&A Can Owners Corporation committee decisions be reconsidered? can you please point me to the section or clause in the SSMA 2015 or SSMR 2016, that refers to rescinding resolutions as referred to in this article 359? Answer: Any decision made by a corporation may be reversed.  Further, Sch…

Read More

NSW Q&A: Noisy Neighbour, Renovations and Construction Noise

Question: Is there a requirement to notify residents of the commencement date of noisy renovation/repairs to the apartments and common areas? Is there a requirement to notify residents/lot owners of the commencement date of noisy renovation/repairs to the apartments and common areas? Recently we had a neighbour jackhammering with less than a 12-hour notice, and…

Read More

NSW Q&A Section 100: The Power to Borrow Money

Question: At our next EGM we will be voting on whether to take out a Strata Loan to cover remedial works. What procedure is required for acceptance of this Motion?   Answer: A resolution approving the relevant loan has to be passed at a general meeting of the owners corporation. Section 100 of the Strata Schemes…

Read More

NSW Q&A: EGM Agenda

Question: I have a question about who determines what is included in an EGM agenda? Can the Strata Manager simply circulate an EGM notice and voting papers without consulting with the entire Strata Committee, or is the SC meant to vote on what is included in the EGM agenda? Answer: Both the delegated secretary (Strata Manager…

Read More

NSW Q&A: Strata Court Dispute Over Dog

Question: Due to complaints from one neighbour, our strata is trying to take us to court over our small dog. Other neighbours confirm the dog is fine. Do I have any right to keep the dog and not get taken to court? Our strata is currently trying to take us to court over our small…

Read More

New Short-term Airbnb Letting Laws

New AirBnB laws come into effect Friday 10th April 2020 by way of the insertion of a new clause 137A into the Strata Schemes Management Act, 2015 (NSW). Essentially: A by-law may only prohibit a lot from being used for short-term rental accommodation if the relevant lot is not the principal place of residence of…

Read More

NSW: Can I Keep Pets in a Strata Building?

  Despite the much anticipated “pet-friendly” amendments to the new strata legislation, animals are still not automatically permitted in strata schemes even if they are kept wholly within the boundaries of an individual’s apartment. To determine what the keeping of animals position and pet rules for strata is in relation to any particular scheme you must…

Read More

Q&A: Interest and discounts on levies

  Question: I was just reading today’s newsletter and thought i would let you know an avenue i took for charges being illegally placed onto my levy statement, re the question posted in the 214 newsletter: Question: After calling our new strata management company for information, I have personally been charged a sum. Until the…

Read More

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…

Read More