Big Changes coming for NSW strata

Start date for new NSW strata laws set

 

e73, pretty amazing stuff.

I'm sure that the Owners Corporation Network and Strata Community Australia will have a lot to say to Victor Dominello dropping a deadline bomb like this.

Not to mention all the software developers who provide the software to Strata Managers across the state to manage their buildings will be feeling a little perturbed.

 

I'm sure there is enough time to get organised, plus these changes are way overdue as it is.

 

Time will tell.

The only thing that's missing is that they should have made the installation of floorboards, and other hard surface flooring, in apartment blocks older than (say) 30 years illegal.

 

No need for such a rule, why not make them follow current bca standards where hard floors need some sort of sound insulation underneath? age woild have bugger all to do with it imo

 

I came across a property for sale that I steered away from where the strata was being managed "by apt number 4" and the apt next door (the one for sale) was being told to put carpet on their internal duplex stairs by order of "the strata".

hmmm yep pass.......

 

Fair Trading hasn't even finalised the Regulations that support the Act. They exhibited draft from late April 2016 to late May 2016, and we're expecting final Regs in August - but who knows what they will have in them.

Transitional provisions only extend 6 months (from commencement of the Act at the end of November 2016), so end of May 2017. How can an Owners Corporation possibly be appointing/renewing an Agent with an Agency Agreement that is fit for the new legislation - when the legislation isn't finalised?

That's apart from the software changes take time to develop, test, and deploy, and for Agencies to to train staff.

And time for self-managed OC's to work things out?

Your confidence that there is enough time is mis-placed. It is very unfortunate that the commencement will be more chaotic than it needed to be, simply because of rushed commencement after such a long process (since 2012).

 

Where will this new strata law affect the most in Sydney?

 

The replacement of the hardwood without underlay etc is an inevitability in th eolder apartments. I will then have to remove my lovely parquetry floor but the downstairs residents will be ecstatic.
Not sure about the 75% majority selling to developers. Don't think I like it.
Like everything else, ciggies, bbqs , pets as default, private renos allgood.

 

It sounds like it will only apply to new buildings. Older buildings will only be affected if they agree.

Your parquet is probably safe!

 

Age does have something to do with it, many of the older style concrete and brick buildings that were say 2-6 story's have a far less sturdy construction that more modern towers which have thicker floors and walls and an overall much stronger construction method. It's common with late 70's to early 80's buildings to have concrete floors so thin that the floor vibrates when people walk on it even with carpet.

 

Everywhere, mate, the legislation has state-wide application.

Unless you mean 1 specific change about the renewal with 75% approval, also of interest

Ignoring the politicians' guff about replacing deteriorating stock with nice new buildings free of concrete cancer (for a few years), the academics and the laywers expect the use of this mechanism to be mainly in areas where prices are high, land is in demand, and planning instruments permit an increase in height and floor-space-ratio (to cover the cost of knocking down and rebuilding). Read: eastern suburbs, inner west maybe, a few places north shore, etc.

 

meeting attendance by skype will be useful.(quite common in VIC). So at least interstate investor can attend rather than travelling.

 

And there's an Off button for those unruly types...

 

Sanj, at a minimum a by-law requiring the lot owner who is installing hard surface flooring to conduct sound testing with adjacent lots post install, at their cost, would go a long way to alleviating some of the strata noise disputes going through the tribunals over the last few years...
The standards are irrelevant even if a standards complying floor installation breaches the peaceful enjoyment of other lots in the complex.

 

I hope they do something about screamers in apartments. Be it from domestic arguments or passionate lovemaking lol, something has to be done. lol, "give it a rest, that's three times today lol".

 

Datto, strong EC members (who are uncommon these days, in my experience) are the key to dealing with violators of by-law 1 Noise (and maybe even 14 Floor Coverings).

And a strong EC can always instigate a simultaneous Fair Trading and NCAT (given you're in NSW) action at the same time.

A little later this year the Notice To Comply penalties will also increase dramatically.

 

Hi All
I've a question that's hard to find an answer to, there's no mention in the new strata laws? Do I need to get permission to sand, fill gaps and stain (limewash) the existing original floorboards (see pic)? They're not covered, are a hodge podge of different woods and in poor cosmetic condition. Some are perhaps 177 yrs as it's an old manor turned into flats. I thought that this would be considered as cosmetic only under Section 109. I only sent it to the Strata Corp out of courtesy, they are mostly sound, a few boards might need to be replaced ie less than 5 boards out of 50sqm of floors? They are considering this to be structural?

 

Hi Cia,

I'd start with the question: who owns the property in question?

Ask your Strata Manager who they consider to own, or be responsible for maintaining, the floorboards. Relevant factors to determining that include: how they're installed, any details on your strata plan, any by-laws.

Assuming they're fixed to the joists, from what appears to be face-nailing in the pic, they are likely to be Common Property (but the strata plan and by-laws can be relevant). If they're common property, then you can't do things to them without consent of the owner, so ask your strata manager for consent from the owners corporation.

Whether or not they're structural is a secondary question. It's like if someone wants to change the colour of your lounge. The lounge isn't structural, but it's YOURS, not THEIRS, so it's not their place to touch your property without your consent.

Russ