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:
Continue reading “Three big clashes between high tech and by-laws”
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”
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.
Continue reading “Don’t wait til next summer to worry about aircon”
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:
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.
Continue reading “Strata owners do not have the right to silence”
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?’
Continue reading “Cheaping out on by-laws can cost you a lot”
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:
Continue reading “Three things you need to know about new model by-laws”
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.
Continue reading “Interpretation and Intent – How by-laws can go wrong”
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.
In New South Wales’ shopping hubs; Sydney, Wollongong and Newcastle, having air-conditioning or natural gas can make or break a business.
While shopping centres are covered by complex rental and management agreements, those buying up a corner shop will be surprised to learn how limited their ability to offer such features to customers is.
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