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Short-term letting restrictions and how they impact you

Short-term letting restrictions – PART 2

Short-term letting restrictions and how they impact you

We have previously written an article about the short term letting issues affecting property and strata participants back on 6 March 2021 (You can read it here). In short, it dealt with Part 1 of the legislative framework to regulate the short term letting situation. It involves the NSW Fair Trading’s mandatory code of conduct (which regulates the conduct of short term letting, presuming it is permissible) and the Strata Legislation (which allows the strata schemes to ban short term letting in lots that are not a principal place of residence of the owner or occupier). READ MORE

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Rewrite to Community Land Development and Management Acts

Complete rewrite to Community Land Development and Management Acts

The old set of community scheme legislation was effectively blown into pieces with the new, commenced on 1 December 2021. Are you ready for all the changes?

The Development and Management Acts 1989 are now repealed with the staged commencement of the new counterparts (Community Land Development Act 2021 and the Community Land Management Act 2021) started in March 2021 and “finally” on 1 December 2021.

The official line is that the reforms align the community scheme laws with that of the strata schemes. And the official line is not wrong. However, there were significant points of differences between the two sets of legislation in the past and even now. And additionally, strata schemes simply do not have the more complex issues such as the tiered scheme systems such as neighbourhood and precinct schemes, association property, community management statement, etc. READ MORE

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Further extension of Covid-19 laws for strata and community schemes

From 21 July 2021, owners corporations and community associations can once again hold meetings and vote electronically (eg. teleconference, video-conferencing/Zoom, email etc), that is, even if the schemes have not previously resolved to allow them. And yes, these include strata/executive committee meetings.

The existing regulations on executing documents without the common seal and serving notices of meetings via email will also remain. Witness to the affixing of the common seal can be done via audio visual link. The new extension will be in force until 20 January 2022. READ MORE

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Strata – COVID Stay at Home Orders

Covid stay-at-home orders and what is “at home” for strata lot owners/occupier?

All of you should (or are deemed) to know, there are various health orders currently in-force due to Covid. We often hear the requirements to “stay at home”. But it is a timely reminder to consider again what is a home for strata lot owners or occupiers?

As most strata owners should know, they own the “airspace” insider their unit/apartment but also co-own the entire strata building and the common properties with the other owners as per their unit entitlements. So, is the nice looking patio downstairs a part of your home? Normally, yes. But please, use some common sense, not for covid / isolation purposes! The Parliamentary intention is that people should isolate at home, as much as they can away from other people etc. Good luck! READ MORE

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Building defects in strata buildings and the legislative safeguards

Building Defects and Part 11 Protections for Strata Owners

We have previously written an article about the new duty of care protection in favour of property and strata owners, which is available under the new Design and Building Practitioners Act 2020 NSW (DBPA). Basically, it establishes a new duty of care against various building practitioners, retrospectively, covering losses arising from the last 10 years or so. However, that is not the only remedy available (of course). The issue of building defects have been around for a very long time and the legislation have been changing constantly, especially for strata buildings. READ MORE