Strata Regulatory Watch
September 2023
Dear clients, friends and industry colleagues,
Welcome to our September edition of Strata Regulatory Watch, and hello to spring 2023!
Our biggest update this quarter is for our Queensland clients as the amended BCCM Act has been introduced into Parliament. The Bill has been referred to a committee, so at this stage its passing is a few weeks away. Then there is likely to be a delay before it commences. Our guess is either commencement from 1 December or even as late as 1 January.
Please let us know if there is anything of interest in this newsletter you would like more detail on.
NSW UPDATES
Fire Safety Schedule
NSW Fair Trading have provided the final and approved version of their Fire Safety Schedule ('FSS'). An FSS specifies each of the existing and proposed fire safety measures that apply to the building. You will find more information including a link to the approved form on the link below.
Strata Law review
The Office of the Registrar General (“the ORG") is continuing the review of the strata management legislation to deliver recommendations from the strata review undertaken. It is possible a phase 1 Bill to implement non-controversial and less complex changes will proceed, with further engagement on remaining recommendations to continue for further public consultation later this year.
Off the plan contracts
The ORG published a discussion paper late last year on current and emerging issues affecting off the plan buyers. The responses received to the discussion paper generally agreed on the importance of disclosure. The ORG will work with industry as it seeks to develop possible options to enhance disclosure.
Our team will keep on top of these possible amendments and will be publishing relevant articles on any legislation developed.
Welcome to Gerard Doyle, our new NSW partner
On 1 September we welcomed Gerard Doyle as a partner of our NSW office after we amalgamated with his Sydney-based firm, GDP Law.
QUEENSLAND UPDATES
The Body Corporate and Community Management and Other Legislation Amendment Bill 2023
Some of the most significant changes to the BCCM Act in Queensland in years have been passed by Parliament and are now being reviewed by the Legal Affairs and Safety Committee. The proposed changes include:
- allow for the termination of uneconomic community titles schemes with the agreement of 75 per cent of lot owners;
- strengthen protection for ‘off the plan’ home buyers from developers invoking sunset clauses in contracts for the sale of land;
- permit bodies corporate to prohibit smoking in outdoor and communal areas;
- prevent bodies corporate from blanket banning pets;
- clarify and enhance the ability for bodies corporate to tow vehicles from common property in a timely manner.
Our team will be looking at these changes in more detail over the coming weeks and months, and will be publishing relevant articles for our developer, bodies corporate and strata management clients.
Update from the Commissioner
Issue 42 of 'Common Ground', the monthly newsletter from the Commissioner for Body Corporate and Community Management - Ms Jane Wilson - can be accesssed here.
Who pays for flooring removal and replacement when repairing moisture in the slab?
This Q&A, written by our Queensland Partner Michael Kleinschmidt, first appeared in the June 2023 edition of the QLD LookUpStrata magazine.
VICTORIAN UPDATES
How Long Do I Have to Pursue a Claim for Defective Building Works in Victoria?
This article by Tim Graham and Eve Walker answers the question of how an OC, OC Manager, or individual lot owner can best manage a potential defective works claim, as investigating the purported construction defects and trying to resolve the problems can be a time-consuming process prior to initiating any legal proceedings. The article explores concept of Limitation Period and how they apply differently in case of general building defects and defective cladding.
Building Manuals for new buildings
The Building Legislation Amendment Act 2023 was introduced to improve safety and overall regulatory compliance in Victoria’s building industry. The Act establishes the requirement for the creation and maintenance of a building manual for new buildings in Victoria, with relevant building types, required content and other matters to be prescribed in regulations.
Developers in Victoria will need to be across this requirement as they will be required to provide this manual to all new buyers of lots in a new strata building.
Case Note - OC PS707533K v Shangri-La
This is the first decision in respect of a subrogated action taken by the State of Victoria under s137F of the Building Act 1993, following the amendments made to the Building Act in 2020, against a director of a building company that used non-compliant combustible cladding products, for compensation for the costs to remove combustible cladding from an apartment building.
WESTERN AUSTRALIA UPDATES
Landgate's new online home
Landgate’s new online home of strata and community titles went live this quarter. Their new web site is available at landgate.wa.gov.au.
Welcome to Carolyn Meighan, our new WA Special Counsel
On 4 September we welcomed Carolyn Meighan, a 20-year WA lawyer, as a Special Counsel in our Perth office.
TEAM NEWS
New team members
We are excited to annouce we have some new team members that have joined the growing BAGL family:
- Adelaide Green - Paralegal - Sunhine Coast
- Evelyn Hearn - Paralegal - Sunhine Coast
- Ebony Rice - Associate - Melbourne
- Matthew White - Senior Associate - Melbourne
- Eve Walker - Solicitor - Melbourne
- Gerard Doyle - Partner - Sydney
- Hala Awad - Solicitor (LevyCollect) - Sydney
- Aimee Rumsby - EA - Sydney
- Carolyn Meighan - Special Counsel - Perth
Career opportunities
Our team is always looking for smart, talented people to join our growing firm. You can view our open roles on the careers page of our web site.
Get in Touch
If you have any questions in relation to this newsletter, or you would like to know more, please do not hesitate to contact a member of our team on 02 9199 1055, visit our web site or contact us via email at info@bagl.com.au
Disclaimer
Nothing in this newsletter is intended to be legal advice. You should seek legal advice tailored to your specific circumstances. The information in this newsletter and on our web site are of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.
