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Construction Laws in Strata Communities

Construction laws and processes affecting strata and community schemes

Recently, we have received various enquiries about construction laws, proposed design and construction contracts and building contracts especially those affecting strata schemes. Basically, complex construction works are needed to be done involving the owners/developers (more commonly called Principals in the realm of construction laws), architects, builders, subcontractors, surveyors, superintendents etc. What do all these mean? We cover some of the basic issues below. [...]  READ MORE →

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COVID LAWS for STRATA

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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Removal of Vehicles Illegally Parked on Strata Land

Removal of abandoned/uncollected goods and vehicles that are illegally parked on strata land

One of the problems with strata is that there is sometimes just “stuff” lying around in all the wrong places. For example, abandoned goods scattered across the scheme (especially when someone moved out) or even cars and trucks just parked everywhere out of convenience or they have been abandoned.

On and from 1 July 2020, abandoned and uncollected goods are no longer governed by strata legislation. The old section 125 of the Strata Management Scheme Act 2015 (NSW) and regulation 34 of the Strata Schemes Management Regulation 2016 (NSW) are now repealed with the issues now dealt with under the Uncollected Goods Act 1995 (NSW). NSW Fair Trading has some great information on this topic which can be accessed by clicking here. So, you would need to stop following the old processes about the sticking of disposal notices on items/cars and remove them when obstructing access (like driveways). And accordingly, most parking by-laws should be updated as they would be referring to the old car towing provisions, albeit the wheel clamping provisions under the Local Government Act 1993 (NSW) still remain. [...]  READ MORE →

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Short Term Letting Restrictions

Short-term letting restrictions and how they impact you

As most of you would know, short term lettings in strata units and houses were causing a big fuss some years ago. Then, there were the debates (including parliamentary debates) as to whether these should be permitted, prohibited or permitted with conditions. Even now, we hear about the massive out of control Airbnb parties from time to time. Then again, there are the many success stories behind these passive income gems. So, where are we at now? [...]  READ MORE →

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Property Law Tested by Developer

Jobema Developments Pty Limited is the first developer to test the new property law introduced by the Conveyancing Amendment (Sunset Clauses) Act 2015, which requires vendors to either obtain the consent of purchasers before they can rescind an off-the-plan contract in reliance on a sunset clause in the contract, or to obtain the permission of the Supreme Court to do so.

Facts:

In this case, Jobema, the defendant, purchased a development site from Xycom, who had exchanged a number of off-the-plan contracts with a sunset date for the registration of the strata plan of 31 December 2015. As part of the purchase, Jobema would assume Xycom’s obligations under the exchanged off-the-plan contracts, one of which was with Mr Wu. [...]  READ MORE →

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Changes to Property Laws – Strata

IMPORTANT CHANGES TO PROPERTY TRANSACTIONS
The Conveyancing (Legislation) Amendment Act 2018 introduces changes that will provide better protection for purchasers buying property off the plan and more flexibility to those using electronic land contracts and deeds.

Off the plan Contracts:
An off the plan contract is used to sell a property such as a strata unit without its own separate title, given the property does not exist at the time contracts are exchanged.

Off the plan contracts can be beneficial to both property developers and purchasers. For property developers, finance is generally dependent on the percentage of lots that have been pre-sold. [...]  READ MORE →

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Changes to Short-Term Rental Accommodations – Is the Holiday Over

The Department of Planning and Environment is currently in the process to introduce state-wide planning framework for Short-Term Rental Accommodation (STRA) following reforms provided to the Fair Trading Act 1987 (NSW) and Strata Schemes Management Act 2015 (NSW) at the end of 2018.

The changes proposed are as a result of the ever growing easily accessible holiday rental market whereby STRA in New South Wales initially compromised of a voluntary Code of Conduct – Holiday Rental Code of Conduct – originally adopted in 2012. [...]  READ MORE →

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Changes to Short–Terms Rental Accommodations – Is the Holiday Over?

The Department of Planning and Environment is currently in the process to introduce state-wide planning framework for Short-Term Rental Accommodation (STRA) following reforms provided to the Fair Trading Act 1987 (NSW) and Strata Schemes Management Act 2015 (NSW) at the end of 2018.

The changes proposed are as a result of the ever growing easily accessible holiday rental market whereby STRA in New South Wales initially compromised of a voluntary Code of Conduct – Holiday Rental Code of Conduct – originally adopted in 2012. [...]  READ MORE →