Superior Strata Pty Ltd

24/02/2022

Further Changes Proposed to Strata Laws

In the last 2 years, temporary changes were made to the Strata Schemes Management Act 2015 and the Community Land Management Act 2021 in response to the COVID-19 pandemic.

A new Bill is currently before the NSW Parliament to permanently implement the current COVID-19 measures for the strata industry.

The COVID-19 and Other Legislation Amendment (Regulatory Reforms) Bill 2022 proposes to make those reforms permanent without having to have to approve the changes via motion in a general meeting.

Superior Strata

18/03/2021

Flood Warnings have been issued to Sydney and NSW Coastal Areas.
Residents in Sydney and along the New South Wales coast have been urged to prepare for the chance of flash flooding with torrential downpours expected to continue and spread over the coming days starting tomorrow and going till Monday.
As floods develop both slowly and quickly, Flash floods can come with no warning. Floods may cause power outages, disrupt transportation, damage buildings and in some cases create landslides and fallen trees.
Do not walk, swim or drive through flood waters.
In preparation for potential floods and to avoid damage to your personal belongings we suggest the following:
1. Check and maintain weather-stripping around your garage door.
2. Remove personal items off the floor, just in case you get flooding occur in your basement car parks or your garages.
3. Check that the pumps in your basement car park are working. Test these with a hose.
4. For those buildings that we have either purchased for your building, or you have purchased your own spare pumps, prepare those pumps in case floods occur.
5. If you see your Basement Car Park Flooding, move your vehicle to safety before the water levels are more than 3-4 inches or 7.5 - 10cm's.
6. Please use common sense and remember:
• Six inches or 15 cm's of water will reach the bottom of most passenger cars causing loss of control and possible stalling.
• A foot or 30cm's of water will float many vehicles.
• Two feet or 60cm's of rushing water can carry away most vehicles including sport utility vehicles (SUV's) and Utes.
• Six inches or 15cm's of moving or still water can knock you down, again, do not walk through floods.
• Remain calm in situations of flood, get advice from the SES or the Fire Department, and do not panic.
If there are any issues affecting your building please let us know by calling the emergency number on
0432 STRATA (0432 787 282).

Please stay safe and dry over the upcoming days including this weekend.

18/04/2016

Swimming pool registers: reminder

From Friday 29 April 2016, vendors of a property with a swimming or spa pool must have a certificate showing whether or not their pool fencing is compliant with the Swimming Pools Act 1992.
Remember this is about Pool Safety.
The recent amendments relate to the conveyancing and leasing practice, they are not amendments to the obligation to have a pool compliance certificate. Owners corporations still needing advice take a look at http://bpb.nsw.gov.au/swimming-pools-and-certification

From 29 April 2016, swimming pools on residential properties must be inspected before a property can be leased or sold. Pool barriers can be inspected and certified by a local council or a private certifier (category A1, A2, A3 or E1) accredited by the Building Professionals Board. It can take time…

15/07/2015

http://m.news.domain.com.au/domain/real-estate-news/parking-pets-and-passive-smoking-nsw-strata-reform-to-tackle-perennials-20150715-gic3ab.html

The state government is going full steam ahead with its most controversial plans for strata law reform, including curbs on passive smoking, illegal parking and overcrowding.

31/10/2014

The Government has released draft regulations to the Home Building Amendment Act 2014 which provide for operation of that Act to commence on 1 December 2014.

A number of organisations made submissions to the Government in relation to those regulations and a final start date has not yet been confirmed. Anyone with a defect claim:

# which is not yet the subject of litigation or an insurance claim;
# where more than 2 years has elapsed since the date of completion of the building work; and
# relying on the defects being structural within the terms of the existing regulations should immediately seek legal advice to confirm whether those defects will be covered as a major defect under the new legislation.

15/10/2014

Media Release:
Court removes strata schemes rights
A recent High Court decision between a serviced apartment strata scheme and its builder (Brookfield Multiplex) has found that strata property owners have no rights against builders (and others) in the tort of negligence for defective building work.
Strata Community Australia (NSW) President, Greg Haywood, said the effect of this case is far reaching and will impact on many owners’ corporations by extinguishing any rights to sue in negligence for defective building work in commercial, retail or industrial complexes.
“This decision impacts on many of our members (owners) and the industry generally. The problem is that many of our members (and those buying into these developments) are mum and dad investors who do not have the same sophistication as the developers and builders that are involved in them,” Mr Haywood said.
“What we need to see is a fair playing field and defective work repaired by those that caused the defect and this is why we need laws protecting consumers so they are not caught having to pay thousands to right a builders wrong.”
The Court found that an owner’s corporation was not “vulnerable” when a commercial building was built and that any rights that did exist were between the developer and the builder and later between the developer and the first unit owners who purchased into the complex.
It found that the individuals who purchased first (generally off the plan) were in a position to bargain for any items they wished including warranties for defective work. If they did not get a reasonable bargain they couldn’t complain about defects later (through the owner’s corporations rights).
SCA (NSW) is calling on the NSW Government to urgently introduce legislation to ensure that the High Court decision does not affect other consumers as it has in this case.
“We will be raising the issue with the Minister for Fair Trading, the Hon. Matthew Mason-Cox, MLC, and seeking his assurance that consumer rights will be protected through the Parliament, as a matter of urgency.”
With over half a trillion dollars of property assets under strata management across Australia this decision will not assist owners in protecting their rights to have faulty works rectified.

08/10/2014

Position paper on community scheme reforms
19 September 2014
The NSW Government today released a position paper outlining its preferred approach to improving community scheme laws across NSW.
“The release of this position paper comes after extensive consultation over the past two years, which has resulted in a common-sense approach to modernising the operation of community schemes,’’ NSW Fair Trading Minister, Matthew Mason-Cox said.
“The position paper sets out a coherent and informed approach to meet the future needs of residents living in nearly 2200 community, neighbourhood and precinct schemes operating around the state.
“At the very heart of the package are measures that seek to better protect residents with a focus on ensuring transparency and accountability in decision-making.
“We are establishing a framework for community schemes that is modern, flexible and removes the onerous requirement to have all owners agree unanimously on decisions about their property.
“Special resolutions will be sufficient where a significant majority of owners are in agreement.
“Reforms to the Community Land Management Act and Community Land Development Act will establish new procedures to strengthen the rights of individual owners and enhance the democratic decision-making process supporting these schemes.
“We are maximising participation for residents and tenants, giving them greater ownership of the issues that count for their schemes.
“Our reforms will also strengthen responsible management of these schemes and create opportunities to provide more transparency and consistency in how these schemes operate.’’
The position paper outlines 58 proposed changes to the current laws including:
Helping community, precinct or neighbourhood associations understand their obligations and expenses involved in maintaining the property by requiring a builder or developer to provide a building maintenance schedule at the first AGM.
Limiting proxy votes to prevent an individual or small group controlling a scheme.
Streamlining the enforcement of by-laws to provide better means to penalise serial offenders, and enable recovery of enforcement costs.
“More than 25 per cent of the NSW population lives or works in strata and community schemes and by 2040 more than half of Sydney’s housing stock will be multi-unit dwellings,’’ Mr Mason-Cox said.
“Community schemes range from high-rise buildings to rural subdivisions with irrigation channels as association property, as well as large closed communities with private roads, high security and extensive recreational facilities such as marinas and golf courses.’’
Mr Mason-Cox said industry and community input had played a major role in informing the Government’s approach to the position paper.
“Extensive consultation underpins good public policy and the consultation process on these reforms has been comprehensive,” he said.
“Many people who live in these schemes, as well as industry groups have shaped our reforms, with NSW Fair Trading receiving more than 1,200 comments online and around 2,000 submissions on the 2012 discussion paper.
“Community scheme law reforms will be delivered as part of a package of building industry reforms concerning the multiple occupancy of buildings, strata, security of payments and home warranty insurance.
“Next steps include drafting of the Community Scheme Bills and further consultation on the draft legislation in the new year.’’
For more information, visit Fair Trading website.

01/09/2014

Updates in the strata industry thus far: RE new law reforms.

01/09/2014

Reform of Strata and Community Scheme Laws Updates so Far 28.7.14
What is this Strata Reform about?
The NSW Government is reforming NSW strata law.
NSW has roughly 75,000 schemes. The reforms will affect some 2 million industry professionals, strata owners, and residents in strata-titled townhouses and units.
Based on consultation, 70 proposed reforms will update 50-year-old Strata Title. Together, they will help to guide strata schemes to best manage their strata community's needs into the future.
It is anticipated that community scheme reform will be addressed subsequently.
Law Reform Progress so far?
Research and people having their say has informed the comprehensive reforms. This includes some 1,200 online and 1,900 discussion paper submissions.
The following consultations took place:
• November 2013: position paper released, outlining proposed reforms
• 2013: roundtable meetings with industry and strata experts
• September 2012-November 2012: discussion paper inviting comment on reform options and online survey.
• December 2011-February 2012.
Law Reform - What Stage is it at now?
A Position Paper has been published outlining the Government’s proposed strata title law reforms. The reforms seek to ensure that the laws provide flexibility, transparency and accountability with strong consumer protections but without imposing unnecessary red tape.
In the coming months a separate Position Paper will be released outlining the community title law reform package. This paper will be published on Fair Trading’s website.
The Government expects to have the new strata and community title legislation in place now by early 2016.

21/08/2014

To my dearest friends, family and associates
I have started this page to let people know I am here, its my new company. The company name is Superior Strata. I am happy to help anyone out with any of their strata needs. Just give me a call or drop me an email and I will contact you with a response. If you know anyone in need of a good strata manager please forward my details on to them, I will keep updating the site regularly so people know whats going on in the strata industry and if the new legislation has been accepted or not! Have a great day.