Ratification can turn back time on by-law breaches

A recent Supreme Court decision, The Owners Strata Plan No 57164 v Yau [2016] NSWSC 1056, yielded some interesting findings for strata owners and managers alike.

The harsh truth about reno by-laws and 6 ways to solve it

At BylawsOnline we often get feedback from clients saying that they had no idea how much resistance, or disinterest, they faced from both fellow owners and strata managers when trying to get renovation by-laws passed.

Read on if you want to know how to get others to care about your by-law or, if you’re a strata manager, on how to manage expectations.

Don’t jump the gun on Airbnb

You may have heard about a recent Victorian court decision that gives owners the go-ahead on renting out their strata properties on sharing sites such as Airbnb.

In the decision the court used New South Wales as a basis for comparison, as we’re the closest legislative regime to our southern neighbours. But our councils don’t agree with each other, let alone on the terms of short-term letting and its place in strata.

Three big clashes between high tech and by-laws

Technology is advancing every day, but it’s taken over 20 years for strata laws in New South Wales to be changed. In much the same way, by-laws are struggling to keep up with the constant changes.

Three examples of where this is a problem come to mind:

4 things to look out for with serial by-law warriors

A recent article by Jimmy Thompson got us thinking about the dark side of by-laws. While they’re essential for the effective running of strata, it’s possible for problem owners to use them as justification for campaigns of harassment or false accusations.

Rather than avoid relying on by-laws we recommend you and your fellow owners get to know them better. Here are some tips on how to handle the unreasonable ones:

Makings Amends for Renovations

In strata the stress of renovation can start well before you pull up the floor. The by-laws needed to approve works or grant exclusive use aren’t always approved up front, and you might be asked by your fellow owners to amend them to address worries or limit the impact your renovation has on them.

Following are 5 amendments you might be asked to make:

Strata owners do not have the right to silence

We’ve talked before about noise issues in strata, but with new laws coming in soon and ever-more people living in apartments for the first time it’s worth a reminder about one of the biggest challenges when it comes to by-laws and noise complaints.

Noise is normal, as are complaints.

Cheaping out on by-laws can cost you a lot

Imagine you live in an aging building, a mix of units and restaurants, and you find yourself slugged with a massive special levy. Apparently an old exhaust system or grease trap is a fire hazard, and either the insurer or the local fire brigade says it needs to be fixed or removed.

‘But why are we paying for one businesses fittings? Why aren’t they responsible?’

Three things you need to know about new model by-laws

New strata laws are due to take effect in the second half of 2016, but many owners aren’t sure how their by-laws will be affected. Following are three key bits of information that will save confusion and arguments over by-laws in your scheme:

Snail mail isn’t dead, but it won’t solve by-law breaches

How often do you throw away any mail addressed to ‘the householder’ or ‘the owner’? Do you read anything impersonal, or does it end up in the bin without a second glance?

When someone in a strata scheme is breaching a by-law strata managers often get asked to write a letter, sometimes to every owner with fairness in mind, asking people to stop smoking/playing loud music/parking in visitor spots. These letters are often just an extra set of charges payable by innocent owners that do nothing to curb bad behaviour.