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Blog

May
22

Changes Are Fast Coming for NSW Real Estate Licensing

Changes Are Fast Coming for NSW Real Estate Licensing

The Property, Stock and Business Agents Amendment (Property Industry Reform) Bill 2017 has now been passed by both Houses of the NSW Parliament. The accompanying Regulations are still being finalised and the new legislation is expected to come into effect in the latter part of this year (possibly October or November).

ARAMA is continuing to push for relief for its members in the Regulations, so that when drafted, they will exempt onsite managers from having to hold a full real estate licence and/or a “Licensee in Charge” licence where they only intend to carry out letting in the complex that they manage.

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Mar
26

THE PROBLEM WITH DEEDS OF CONSENT IN NEW SOUTH WALES

The Problem with Deeds of Consent in New South Wales

Financiers of management rights purchases commonly require the owners corporation to enter into a deed of consent to security (“consent deeds”). The problem is that there is nothing in the NSW strata legislation that requires an owners corporation to agree to enter into such a deed – even on the most reasonable of terms.

Consent deeds, also commonly called “right of entry deeds”, act as security over the management rights in the event of a default by the caretaker.

The deed allows the financier to ensure its security is not jeopardised if the caretaker is in default of its loan agreement. 

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Jan
26

The Old Chestnut – How To Deal With Illegal Parking On Common Property!

The Old Chestnut – How To Deal With
Illegal Parking On Common Property!

Illegal parking on common property has to be one of the biggest issues faced by Building Managers.

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Sep
18

STRATA MANAGING AGENTS IN NSW

A managing agent can only be appointed by the owners corporation by a general resolution. If a strata managing agent has been appointed by the developer before the first AGM, then that appointment ends at that meeting.

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Nov
21

ANNOYING STRATA ISSUES

ANNOYING STRATA ISSUES - Drifting Smoke and Abandoned Goods

I have had a couple of Building Managers ask me recently about what is the current law in NSW relating to smoking on balconies and goods that have been abandoned on common property.

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Oct
19

NSW Tribunal Confirms By-Laws Cannot Outlaw Short-Term Letting

In my August article, I made mention that the Strata Schemes Management Act 2015 (Act) prevents an Owners Corporation from restricting an owner from letting their lot, including short-term letting. I made note that the only way short-term letting can be restricted is by Council planning regulations.

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Oct
12

UNIT RENOVATIONS IN NSW – WHEN DO YOU NEED OWNERS CORPORATION CONSENT?

Every lot has areas within them that are common property. Consequently, owners wanting to make changes or undertake renovations may require approval from the Owners Corporation and this will depend on the type of renovation required.

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Apr
28

10 Year Agreements Are Here To Stay

The new strata laws in New South Wales will start on 30 November 2016. The laws will affect more than a quarter of the population of NSW. 

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Apr
28

How A Winner Becomes A Loser

HOW A WINNER BECOMES A LOSER

The NSW Supreme Court recently handed down a decision which is of interest to many management rights operators.

A good reminder that Owners Corporations who argue that the operation of short-term lettings in buildings creates substantial wear on common property and substantial additional expenditure for Owners Corporations need to beware.

You judge – who’s the winner?

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Apr
28

OCCUPANCY LIMITS

OCCUPANCY LIMITS

By-laws in NSW may limit the number of adult residents in a lot. The limit however cannot be fewer than two adults per bedroom and cannot contravene any planning approval or other applicable law.

The Strata Schemes Management Act 2015 (which commenced on 30 November 2016) provides tenants (whose landlords have provided a Tenancy Notice to the Owners Corporation as required) with the right to attend meetings of the Owners Corporation but not speak without the permission of owners.

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Management Rights Articles

  • THE DIFFERENT TYPES OF CARETAKING AGREEMENTS

    Essentially, there are three types of caretaking agreements in the marketplace: “Do” agreements | “Supervisory” agreements | Hybrid “Do” and “Supervisory” agreements.

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