Get ready for a big new year in by-laws

As a notice to old and new clients – BylawsOnline is taking a break from December 16 to January 3.

The new Strata Schemes Management Act (2015) and Regulation (2016) took effect only a couple of weeks ago on November 30. This means the clock is ticking for owners corporations on by-laws issues.

New Model By-law Series #3 – Kids

Over the next 10 weeks we’ll be looking at the revisions to NSW’s model by-laws, which come into force on November 30 2016. They won’t automatically affect existing owners, but it’s a great time to consider updating your strata scheme’s by-laws to take advantage of the changes.

This week we looked at the vexed issue of kids on common property; and how changes will make it easier for the children of owners to make use of common property.

A High court finding on QLD by-law dispute says it’s okay to be selfish when it comes to common property rights

A finding by the High Court of Australia regarding a Noosa body corporate’s by-law dispute has refuted a common misconception about strata; it can be reasonable to refuse a common property rights by-law when there’s nothing in it for you.

Nothing in the BCCM Act suggests that an opponent to a proposal acts unreasonably in failing to act sympathetically or altruistically towards a proponent who seeks to diminish the property rights of the opponent.

NSW’s new strata laws have a sting in store for celebrating Airbnb fans

While court judgments such as the Watergate Docklands case are swinging in favour of the right to use residential apartments for short-term letting through sites like Stayz and Airbnb, the NSW government has quietly slipped a useful provision in its new model by-laws that will help those trying to stop this practice.

Interpretation and Intent – How by-laws can go wrong

A recent hearing deciding whether or not an appeal could go ahead revealed an interesting lesson about by-laws in strata. The Owners – Strata Plan No 51033 v Kumar and Srivastava [2015] NSWCATCD 137 focuses on the proposition that a by-law that limits access to a common driveway for visitors is unfair and/or discriminatory .

This story of an owners corporation being accused of limiting access to a property for the family of a disabled man is a sure sign of a coming problem for schemes with contentious by-laws. This comes in the form of the incoming Strata Schemes Management Act 2015.

Happy new year!

Welcome back to BylawsOnline in 2016. In the new year we’re looking at making the process of registering by-laws easier for our clients, as well as introducing you to a new business in the field of by-law registration, searches and related services that we think will make life easier for everyone in the business of strata.

As for the blog, we’re looking at providing guides and commentary on what to expect with the government’s new strata laws coming into effect in July. Also, the Strata Schemes Management Regulation 2010 are getting an update, with new model by-laws and fines for breaches that are of vital importance to anyone looking at by-law enforcement for new properties.

If you’re interested in hearing about any by-law topics in particular let us know via simone@bylawsonline.com.au or in the comments below.

Parking pain may soon get better

As many have learned parking in strata schemes is an issue that can ruin relations and the use of common property. Cars get defaced, neighbours won’t speak to each other and worst of all by-laws struggle to work within a very limited legal framework.

However the recently announced and now seemingly much closer strata laws are offering owners the opportunity to enter into deals with their local councils in order to enforce parking as if it was on public property while allowing owners corporations to collect the penalties.

Owners still need to be wary about parking issues though.

Draft dodging: What the draft SSMA Bill may mean for by-laws

We’ve discussed the possibilities of the NSW Government’s proposed changes to strata law, and after multiple delays the draft bill is now available for commentary from the public. This means it’s likely that it will be made law within the next year.

Now the Department of Fair Trading has opened the floor for submissions on the draft bill until August 12. While our response is the topic for another post, we’ve identified some key areas of interest.

Five key tips on fines and how to prevent them

If you have an onerous owner failing to follow by-laws it may seem that the system is stacked against you. Mediation is required before hearings or costs come into play, but there’s nothing to compel a disagreeable owner to attend. However, eventually failure to adhere to notices to comply can lead to serious fines from the New South Wales Civil and Administrative Tribunal (NCAT).

How short-term rental gain can lead to long-term pain

By-laws often address age-old issues such as parking, pets and renovations. But every now and then technology or society move forward and we have to address a whole new wave of issues.

Short-term letting itself isn’t a new issue, but it’s one that’s getting more attention now that sites such as AirBNB are encouraging people to let out apartments for a few days or weeks at short notice. Some members of the community are calling for legislation to address this trend before it goes too far.