Blog

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

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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Jul
03

How Important Are Unit Entitlements?

Many people believe unit entitlements only exist to determine voting rights in the event a “poll” is called at a general meeting of an Owners Corporation.

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Apr
28

More Management Rights - the Simple Answer To Airbnb

Sydney Morning Herald columnist Jimmy Thompson wrote an interesting article in his Flat Chat column recently headed “Guerrilla warfare warning over holiday lets in apartments”.

Under current strata laws, an Owners Corporation can only legally ban short stay letting if its building is zoned residential. Under the proposal before Government, apartments (and stand-alone houses) in residential zones will be exempted.

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Apr
28

Fight For Your Extension

I have had a number of managers come to me very concerned their committee will not support an extension of their caretaking & letting agreements. They believe, if the committee does not support the “top-up”, any extension will not happen.

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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 To Kill A Business Sale

I have often been involved in transactions where the seller gave the impression of making it difficult for the buyer to do perfectly reasonable investigations.

In a recent matter, the buyer wanted 14 days to do a few checks on the business. The seller agreed, but only allowed a 7 day period. The buyer felt he needed at least another week, given the nature of the enquiries and the distinct possibility they would not be answered within the 7 day period.

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Apr
28

BUILDING MANAGERS & COMMITTEES

Legally, Owners Corporations or Bodies Corporate are viewed as corporations. They derive their power from the relevant State strata legislation and by-laws. Like any corporate, they need to be able to delegate part of their decision-making authority – hence we have Committees.

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