Strata By-Laws in NSW: What Every Owner Needs to Know
By Amanda Farmer If you live in a strata building in New South Wales, you’ve already come across by-laws – even if you didn’t realise it. These rules govern how residents use their lots and common property, setting the boundaries for harmonious community living. But what exactly are by-laws, how do they work, and why…
Can my strata building ban pets?
22 February 2021 By Amanda Farmer Residents of NSW apartments are another step closer towards being allowed to legally keep a pet with the recent passing of a crucial law in parliament. In late February the Legislative Council finally agreed to amend the Strata Schemes Management Act, making it illegal for strata buildings to unreasonably…
Rights and responsibilities guideline document
Use this sample guideline document as a starting point for your own ‘rights and responsibilities’ document, or ‘code of conduct’. Inspiration for this document comes from our friends at the Community Associations Institute, U.S.A. Click here to access the guideline
How NSW Land Registry Services is assisting customers during COVID-19 disruptions
Click here to find out how NSW Land Registry Services is assisting customers during COVID-19 disruptions”
SCA VIC – Collated COVID resources
Strata Community Association for COVID-19 Victoria Updates
Kelly+Partners & SCA’s Federal Government Stimulus Measures
Click here to access the Guide for Strata Managers prepared in conjunction with the Strata Community Association
SCA’s Coronavirus Disease (COVID-19) Impact on Solvency of Strata Corporations
Click here to access the Discussion Paper
Information specific to A.C.T. owners corporations – from Kerin Benson Lawyers
Click here to access the information specific to A.C.T. owners corporations from Kerin Benson Lawyers
Wattblock’s COVID-19 Action Plan for Strata Committees
Click here to access the document.
City of Sydney Council’s collated COVID resources – summarised from the COVID webinar
Click here to access City of Sydney Council’s collated resources from the COVID webinar
Guide to Strata Cash Flows During a Pandemic (Lannock Strata Finance)
Lannock Strata Finance has written a guide to help strata owners and managers deal with the important cash flow decisions that will arise during the pandemic and its aftermath. The guide covers what to do about the payments the corporation needs to make and the various ways of funding those payments should there be a shortfall. Click here to access the Lannock…
COVID Safe Work Method Statement and Sign In Register – from Diverse FMX
Click the below links to access: 2020 COVID-19 Risk Management – Sign In Register2020 COVID-19 Risk Management – SWMS Caretakers & FMs These documents provided by The Diverse Group of Companies (QLD): (P) 1300 348 369(E) reception@diversefmx.com (w) www.diversefmx.com
NSW Fair Trading’s dedicated COVID webpage
Click here to access the latest COVID-19 updates from NSW Fair Trading.
Coronavirus information for people attending NCAT
Click here to access the temporary changes to NCAT operations (NSW) Coronavirus (COVID-19)
Coronavirus information in your language
SBS has made news and information about coronavirus (COVID-19) available in 63 languages. Click here to access .
AFR Article: Toughen rules or risk ‘cruise ships on land’
Click here to access Amanda Farmer’s comments, featured in Australian Financial Review Article: Toughen rules or risk ‘cruise ships on land’
BnbGuard’s submission to WA government on short term letting
The WA government is currently holding an inquiry into short-term holiday letting. BnbGuard has shared with us their submission, which sets out the current global best practice when it comes to short term letting. Their suggestions include: ? Compulsory licensing for fine-grained control and immediate response ? Tight rules for investor short term lets ?…
Insurance: who is responsible?
Listen to Amanda’s podcast episode 023 and fill in the form below to receive your download direct to your inbox. Download fact sheet Receive your download direct to your inbox: fact sheet on who is responsible for insuring the various parts of a strata property, co-authored by Strata Community Insurance and Your Strata Property. Enter…
Tenants in Strata – NSW law reform
Listen to Amanda’s podcast episode 015 and fill in the form below to receive your download direct to your inbox. Download information cheat sheet Receive your download direct to your inbox: summary cheat sheet on the changes that are coming for tenants in NSW strata schemes. Enter your name & email address to subscribe to our…
[adapted from podcast episode 001 – what is strata?] What exactly is strata? What are by-laws? What are strata levies? What is all this paperwork I have in my mailbox and what am I supposed to do about it? Help! Strata is unique. It can be complicated. It can be old fashioned. It can…
Article: the difficulty of repealing an exclusive use by-law
In order for an owners corporation to repeal an exclusive use by-law that confers on the owner of a lot, or the owners of several lots, certain rights or privileges to use a part of the common property, section 52 of the Strata Schemes Management Act 1996 (“SSMA”) requires the written consent of the owner(s) of the lot(s) concerned. In general, this means the written consent of the owners receiving the benefit of the common property in question.
Article: 6 ways to ensure an efficient strata meeting
Now and then I am called upon to attend strata meetings on behalf of lot owners, owners corporations or strata managers. Over the years, I have picked up a few tips comes to the way in which an efficient strata meeting is run. Here are 6:
6 things you absolutely must know about owning a strata property
Strata essentials: these are the 6 things you absolutely must know about owning a strata property: by-laws, levies, lot property vs common property, meetings, strata manager, committee.
What can be done about short term letting?
Recently, I was invited by strata management company Dynamic Property Services to sit on a panel, together with other strata ‘experts’, and answer a range of questions asked by strata owners.
One of those questions was: what to do about short term letting in strata?
Below I share with you my personal notes made in preparation for answering the various aspects of that important question:
Article: keeping animals in strata part 2, the road to approval
Previously, I wrote about when and how a resident of a strata scheme can keep pets in their lot.
Today, I set out the process than can be undertaken if the owners corporation has rejected your request to keep a pet.
So, you have written to the executive committee, enclosing a photo of Max lying on the grass with three other dogs at the park, belly up:
Article: can I have a pet? Please? Keeping an animal in strata, part 1
When I was a kid, my Christmas wish-list every year included a puppy. But all I remember was receiving different pairs of I-swear-they-are-fashionable-funky-socks and some you-will-grow-into-them-sweaters from my parents. I must admit, Santa and I were not on the best of terms for a long time. But eventually, I realised the real obstacle standing between Father Christmas and my fulfilling childhood were the by-laws for our unit block.
Article: what is a ‘large strata scheme’?
Have you ever dreamed of living in a ‘New York’ style high-rise apartment looking over the alluring lights of the city? I know I have, particularly after the first episode of Suits where they showed Harvey Specter’s apartment.
However, living in a high-rise residential building is not just about throwing fancy dinner parties to make your friends jealous, despite your fear of heights.
Article: how private are your personal details?
What do your owners think happens to the personal information they provide to you? Do you warn owners that their personal information may be made available to those inspecting the books and records of the scheme? This could include postal address, telephone number and email address.
Article: court of appeal finds strata schemes may retrospectively approve legal action
December 2014 saw two decisions of the NSW Court of Appeal confirm the effect of section 80D of the Strata Schemes Management Act. This is the section that requires legal action to be approved by the general meeting if the reasonably estimated costs of taking that action exceed the amounts stipulated in the Regulation (currently $1000…
Article: what is the difference between strata title and company title?
It is difficult to imagine that almost 55 years ago strata title was a non-existent concept. Before the introduction of the NSW strata title legislation in 1961, the most prevalent way of regulating the ownership of ‘common property’ in NSW was the concept of company title.
What is Company Title?
Due to popular demand, I have prepared this paper setting out my advice on the best practice to be applied when recovering unpaid strata levies, including my thoughts on the practice of recording ‘expenses’ on owner ledgers.
Article: is your strata scheme dysfunctional?
You may have heard of the television sitcom Arrested Development. It’s about a man called Michael Bluth who tries to do the right thing and strives to keep his family together, despite his highly manipulative and materialistic parents, attention seeking twin sister, socially inept little brother and highly unreliable older brother. And how could we forget Tobias Fünke, his brother-in-law who is a self-diagnosed ‘never-nude’ (which is ‘exactly what it sounds like’).
Article: asbestos in strata, a reminder of your obligations
Since 1 January 2012, all strata buildings containing a common property workplace built before 1 January 2004 must comply with certain legislative requirements relating to asbestos. In summary, these requirements relate to
(a) the identification of asbestos
(b) the creation of an asbestos register and
(c) the creation of an asbestos management plan.
The NSW Supreme Court has reminded us of the requirement for section 80 levy recovery expenses to be ‘reasonably incurred’ and ‘reasonable in amount’. If there is any doubt, costs will be referred for assessment.
IIB Australia Pty Ltd v Owners Strata Plan 76024 (No 2) [2015] NSWSC 929 (16 July 2015) was an appeal from a decision of the Local Court. In the Local Court proceedings, the Owners Corporation claimed against a lot owner:-
Article: short term letting in strata
Last November, I was invited by strata management company Dynamic Property Services to sit on a panel, together with other strata ‘experts’, and answer a range of questions asked by strata owners.
One of those questions was: what to do about short term letting in strata?
