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We were recently approached by an owners corporation who wanted to create a general by-law for the installation of solar panels within the scheme. However, the owners corporation wanted to ensure that the installation of the solar panels on each lot is done correctly and has minimal impact on the appearance and architectural restrictions of the owner corporation.
We prepared a “one off” empowering by-law specifying the procedure for obtaining consent from the owners corporation to install solar panels on their lot and on so much of the common property that is necessary for solar energy heating and cooling of their lots. This means each time an owner wants to undertake this work a special by-law is not required. This reduces the cost of this greening initiative and maintains uniformity and consistency for the owners corporation.
If you would like a copy of our information sheet on this topic, then please email us.
Kind regards,
Simone Balsara
Lawyer
TEYS Lawyers
The Strata Law Experts
02 9562 6500simone@teyslawyers.com.au
https://www.teyslawyers.com.auHi Tharra
Under s.49 of the Strata Schemes Management Act 1996, a by-law can not operate to prohibit or restrict the devolution of a lot or a transfer, lease, mortgage, or other dealing relating to a lot.
Therefore, no by-law is capable of operating to prohibit or restrict the leasing of a lot or part of a lot. An owner is legally able to lease his or her car space.
Kind regards,
Simone Balsara
Lawyer
TEYS Lawyers
The Strata Law Experts
02 9562 6500simone@teyslawyers.com.au
https://www.teyslawyers.com.auHi Robyn
Exclusive use by-laws confer on an owner a right to exclusively use and enjoy a specific area of common property, which other owners are prohibited from using.
A common example – when an owner has a large area of common property lawn surrounding his or her own lot and requests the owners corporation to confer exclusive use of part of that lawn area on the lot owner.
Without having seen the conditions of your exclusive use by-law, another lot owner would be prohibited from using your exclusive use area without your permission.
Kind regards,
Simone Balsara
Lawyer
TEYS Lawyers
The Strata Law Experts
02 9562 6500Hi Joey
An owner is responsible for the toilet bowl and toilet cistern and the plumbing related to the toilet bowl and toilet cistern.
Kind regards,
Simone Balsara
Lawyer
TEYS Lawyers
The Strata Law Experts
02 9562 6500Hi Roslyn
Note that a by-law cannot be made under s.65A of the Strata Schemes Management Act (the Act) and must be made under either s.47 (an owners corporation general by-law) or s.52 (a by-law conferring certain rights or privileges to lot owners) of the Act.
We have prepared an information sheet on the process for passing a by-law. If you would like a copy of our information sheet, please email us.
Kind regards,
Simone Balsara
Lawyer
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TEYS Lawyers
The Strata Law Experts
02 9562 6500Dear Pet Owners
We recently came across this link about a UWS Professor who is doing research on dogs in apartments which may be of interest to you –Kind regards,
Simone Balsara
Lawyer
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TEYS Lawyers
The Strata Law Experts
02 9562 6500simone@teyslawyers.com.au
https://www.teyslawyers.com.auDear Pet Owners
We recently came across this link about a UWS Professor who is doing research on dogs in apartments which may be of interest to you –Kind regards,
Simone Balsara
Lawyer
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TEYS Lawyers
The Strata Law Experts
02 9562 6500simone@teyslawyers.com.au
https://www.teyslawyers.com.au
Designated visitors parking areas generally result from one of two sources:
1. Local council requirements as one of the conditions of the development approval, or
2. A designated area of common property for visitors parking passed by the owners corporation under a section 47 by-law.
The strata scheme by-laws may specify whether the visitors parking area is for visitors and invitees of residents or retail tenants.
The owners corporation can pass and enforce a by-law restricting the use of the designated visitors parking area, define the meaning of visitors and include enforcement provisions to avoid contravention.
For an information sheet on this topic, please email me: simone@teyslawyers.com.au
Kind regards,
Simone Balsara
Lawyer
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TEYS Lawyers
The Strata Law Experts
02 9562 6500
https://www.teyslawyers.com.au
This is a good example of an owner who has taken the right channels in obtaining approval under the strata schemes by-laws.
When seeking approval to keep your pet under the model by-law in schedule 1 of the Strata Schemes Management Act 1996, ensure that you provide the owners corporation with all relevant information with regard to your pet, such as –
– Type of animal, age, weight and height;
– Whether the animal is desexed, micro chipped and vaccinated;
– Whether the animal is house trained;
– Description of behaviour and temperament of the animal;
– Proposal of how you will transport the animal to and from common property areas; and
– Whether the animal are registered with the local authority.
Kind regards,
Simone Balsara
Lawyer
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TEYS Lawyers
The Strata Law Experts
02 9562 6500simone@teyslawyers.com.au
https://www.teyslawyers.com.auHi Tom
Christine is correct. As the installation of the solar panels effects the common property a by-law is required. A by-law will specify that the owner is responsible for the improvements made to their lot and common property.
A general by-law can be made to allow all owners in the owners corporation to install solar panels. This is a cheaper option than an individual special privileges by-law for your lot.
If you would like some further information, then please do not hesitate to contact us.
Kind regards,
Simone Balsara
Lawyer
TEYS Lawyers
The Strata Law Experts
02 9562 6500Noisy neighbours are a common problem and recently we were asked to review a noise by-law in a northern based strata scheme.
The model by-law in the schedule 1 of the Strata Schemes Management Act 1996 in respect of noise provides-
An owner or occupier of a lot must not create any noise on the parcel likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property.
However, an owners corporation cannot restrict what an owner does within their lot. This is beyond the power of the owners corporation.
Normally, in such a situation an owner would put forward a written complaint to the owners corporation with the details of the breach of by-laws.
If the owners corporation cannot negotiate a solution, you can put forward a written motion to issue a notice of the by-law breach. The motion would need to be passed by ordinary resolution before a notice of the breach of by-laws is issued.
Regardless of whether an owner has been granted with permission to have a pet or recreational equipment, they should have regard for their neighbours.
Kind regards,
Simone Balsara
Lawyer
TEYS Lawyers
The Strata Law Experts
02 9562 6500Section 28 of the Strata Schemes Management Act 1996 provides that –
(1) An owners corporation may, by the instrument appointing a strata managing agent or some other instrument, delegate to the strata managing agent:
(a) all of its functions, or
(b) any one or more of its functions specified in the instrument, or
(c) all of its functions except those specified in the instrument,
but only if authorised to do so by a resolution at a general meeting and subject to subsection (3).
(2) An owners corporation may, if authorised to do so by a resolution at a general meeting, revoke a delegation under this section.
(3) An owners corporation cannot delegate to a strata managing agent its power to make:
(a) a delegation under this section, or
(b) a decision on a matter that is required to be decided by the owners corporation, or
(c) a determination relating to the levying or payment of contributions.
(4) A function delegated under this section may, while the delegation remains unrevoked, be exercised from time to time in accordance with the delegation.
(5) A delegation under this section may be made subject to such conditions or such limitations as to the exercise of all or any of the functions, or as to time or circumstances, as may be specified in the instrument of delegation.
(6) Despite any delegation made under this section, the owners corporation may continue to exercise all or any of the functions delegated.
(7) Any act or thing done or suffered by a strata managing agent while acting in the exercise of a delegation under this section:
(a) has the same effect as if it had been done or suffered by the owners corporation, and
(b) is taken to have been done or suffered by the owners corporation.
A “notice to comply” is the latest weapon for owners corporations to enforce by-laws. However before issuing a notice, an owners corporation will need to follow certain steps before a penalty may be imposed.
If the owners corporation does not follow certain steps their application to impose a penalty on the offender may be dismissed by the Tribunal or a costs order may be made against the owners corporation, if the Tribunal believes the owners corporation's application is frivolous, vexatious, misconceived or lacks in substance.
The steps to be followed prior to serving a notice include –
1. There must be a complaint in writing with particulars such as the date, time and nature of the by-law breach and witnesses.
2. When the complaint is received, the owners corporation or strata manager may want to speak to the offender and negotiate a solution.
3. The strata manager may issue a notice on behalf of the owners corporation, if the strata manager has been delegated this power under s45(3) of the Strata Schemes Management Act (SSMA). This function must be delegated to the strata manager by resolution at a general meeting.
4. If the function of issuing notices has not been formally delegated to the strata manager, then the person lodging the complaint must put forward a written motion in regards to the by-law breach and the owners corporation or executive committee will need to pass an ordinary resolution in order to authorise the issue and service of the notice to the offender.
5. The strata manager or secretary should then draft the notice and serve the notice personally to the offender.
Before issuing a compliance notice, an owners corporation will need to be satisfied or convinced that there has been a contravention of a specified by-law. The potential for mischief is readily apparent. Section 45 of the SSMA was designed to avoid executive committee members issuing notices on frolics of their own and provides that notices issued by an owners corporation need to be approved at a meeting.
Owners corporation should have a formal by-law enforcement guideline to avoid any potential mischief.
Teys Lawyers have designed a simple and easy to understand by-law enforcement guideline to ensure that the by-law enforcement process is followed and applied correctly by owners corporations. If you would like further details, then please contact us.
Kind regards,
Simone Balsara
Lawyer
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TEYS Lawyers
The Strata Law Experts
02 9562 6500
Sure Sarah. Please send me an email and I will forward the information sheet to you.
Kind regards,
Simone Balsara
Lawyer
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TEYS Lawyers
The Strata Law Experts
02 9562 6500Hi Paul
JimmyT is right in saying that where designated visitors parking areas have been assigned by local authorities as one of the conditions of development approval, owners and occupiers may not park their vehicles in the area designated for visitors even where the owners corporation, executive committee or strata managing agent has given approval for such an arrangement.
The development approval may even specify the number of hours a visitor can park in the designated parking area.
For an information sheet on restricting the use of visitors parking spaces, please contact us.
Kind regards,
Simone Balsara
Lawyer
TEYS Lawyers
The Strata Law Experts
02 9562 6500simone@teyslawyers.com.au
https://www.teyslawyers.com.au