This article about important recent changes to strata laws has been provided by Adrian Mueller, JS Mueller & Co Lawyers.
The NSW Government has made a number of important changes to the Strata Schemes Management Act 2015 (Act).
Sustainability Infrastructure, Voting and Proxies
On 24 February 2021, changes to the Act commenced that:
- Make it easier for a lot owner or owners corporation to install “sustainability infrastructure” on common property such as solar panels and electric vehicle charging stations. A lot owner or owners corporation will be able to install “sustainability infrastructure” on common property if a “sustainability infrastructure resolution” is passed by a simple majority (i.e. 50% or more) at a general meeting;
- Prevent an owners corporation making available for inspection any record that would disclose how an owner voted in a secret ballot unless the owners corporation is directed to do so by NCAT or a court;
- Enable a lot owner who owns more than one lot to nominate one individual to act as a proxy for all the lot owner’s lots.
Fines
Since 1 July 2021, NCAT has had the power to order a person to pay a penalty of up to $5,500 where the person has breached an order by NCAT.
Pets
From 24 August 2021, an owners corporation will not be able to have a by-law which unreasonably prohibits the keeping of an animal on a lot. Further, it will be deemed reasonable to keep an animal on a lot unless keeping the animal unreasonably interferes with another occupant’s use and enjoyment of the occupant’s lot or the common property. Those changes codify the decision of the NSW Court of Appeal in Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250 in which it was held that a “no pets” by-law is unenforceable.
Adrian Mueller
Partner + Senior Lawyer
JS Mueller & Co Lawyers
E: [email protected]
P: 02 9562 1266
This post appears in Strata News #498.
Disclaimer: The information contained in this article is provided for your personal information only. It is not meant to be legal or professional advice nor should it be used as a substitute for such advice. You should seek legal advice for your specific circumstances before relying on any information herein. Contact JS Mueller & Co for any required legal assistance.
JS Mueller & Co Lawyers has been servicing the strata industry across metropolitan and regional NSW for over 40 years. We are a specialist firm of strata lawyers with in depth and unmatched experience in, and comprehensive knowledge of strata law and levy collection.
Have a question about important recent changes to strata laws or something to add to the article? Leave a comment below.
Read next:
- NSW: Like a Thief in the Night: Why New Strata Laws May Have Thwarted Your Anti-Airbnb Bylaw
- NSW: Q&A Which ByLaws Apply to Our Strata Scheme?
This article has been republished with permission from the author and first appeared on the JS Mueller & Co Lawyers website.
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Thank you for your comment re changes to NSW Strata Act re pets. Does this mean that the by law of my strata block that say no pets must now be replaced by one thta says I can apply to have a pet and the Exceutive Committee cannot reasonabably refuse.
Thankyou Adrian on this latest update on Pets.
“… keeping the animal unreasonably interferes with another occupant’s use and enjoyment of the occupant’s lot or the common property..” Can you provide examples of unreasonableness in context to this comment? Would a dog running back and forth in an apartment directly above another lot owners premise and also barking constitute unreasonableness? Especially if this is a regular occurance.,
Would a dog that defacates on common property or the owner of the canine allowing their pet to ‘mark the territory’ on the comon property lawn be considered unreasonableness?
What action is taken, and by whom? Can an action be taken by the Strata Committee on behalf of the Owners Corporation? Does the complainant need to present proof to the Strata Committee such as recording the dog barking and running back and forth or taking a sample of the faeces or urine sample from the lawn?
It’s unfortunate, but the examples that I have mentioned is actually what is happening where I reside.
Hi Strata News,
Is the a model by law for pets that I can use.
thank you
Paul
Strata Committee