New Model By-law Series #4 – Garbage

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.

As someone who’s realised they just missed the garbage truck can confirm, we don’t care about the rubbish until it has piled up. The by-laws on waste-disposal have become more prescriptive, here’s how.

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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.

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New Model By-law Series #1 – Pets

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’re looking at pets, a contentious issue in strata and one that is being simplified.

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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.

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What you need to know about guide dogs in strata

You can’t keep guide or hearing dogs out of strata. Not even in schemes with a by-law that forbids pet ownership. And soon the previously uncertainty around dogs that assist with other developmental or mental illnesses, such as autism or post traumatic stress disorder, will be clarified.

With that in mind, here’s what what you need to know:

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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:

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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: Continue reading “4 things to look out for with serial by-law warriors”

Don’t wait til next summer to worry about aircon

This summer has seen a lot of worry from owners in older schemes about their ageing air-conditioning systems. Schemes with poorly written or missing by-laws find themselves unable to tell who’s responsible for maintaining those systems.

While this is fine for a $250 callout, total replacement of older units might cost $10,000+, with arguments over who’s going to cover the cost taking so long that some people will spend an entire season sweating both literally and over the price.

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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:

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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.

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