Strata Regulatory Watch
May 2022
Dear clients, friends and industry colleagues,
Welcome to the 2nd (May) edition of our newsletter where we summarise any relevant changes to strata and property legislation around the country, important case law, staff articles, and interesting advice work that has come our way recently.
If there is anything in this newsletter of particular interest to your team, please get in touch. We'd be happy to send you more information or present it in more detail.
e-Conveyancing mandate coming to Queensland
It is anticipated that Queensland’s transition to mandatory eConveyancing will take effect in early 2023, being 10 years after the commencement of optional eConveyancing in the state. The changes will align Queensland with the other States that have mandated eConveyancing and contribute to a nationally consistent approach to the delivery of this service.
Queensland legislative update
In this article by Gary Bugden, we report on 3 legislative updates relating to bodies corporate in Queensland which include:
- Covid relief provisions now expired
- Submissions to extend the Home Warranty Insurance Scheme
- Changes to QLD's body corporate laws (or lack thereof)
Federal Government passes legislation to provide cyclone reinsurance pool
In March 2022, the Treasury Laws Amendment (Cyclone and Flood Damage Reinsurance Pool) Bill 2022 was successfully passed through Parliament. This bill, which will establish a cyclone reinsurance pool by 1 July 2022, will hopefully assist with insurance affordability in cyclone-prone areas as extreme weather events become more frequent and severe.
NSW regulatory updates
REMINDER: Annual reporting for owners corporations to the NSW Government are due from 30 June 2022. For more information on this requirement, including the data OC's and strata managers will need to report, refer to the article on this topic from our last newsletter.
Keen to see what you can publicly view on NSW strata schemes on the nsw.gov.au web site? Check it out here. You will need a Strata Plan number or property address. There will be more public strata information available once the above mandatory reporting requirements are introduced.
STAFF ARTICLES
The long and winding road towards professionalism of Strata Managers
Compulsory licensing of strata managers has proven elusive in all Australian states other than NSW. In this article, Tim Graham advocates for a co-regulation model adopted for strata managers, much like you would see for other professional services such as lawyers and accountants.
Do I need a by-law to install tiles in my apartment?
Nancy Torry addressed this question from an owner on the LookupStrata web site, which was published in their April 2022 NSW Magazine. This article covers important considerations for NSW apartment owners around what is a "minor renovation" and whether the installation of tiles in an apartment is likely to cause noise transmission.
TEAM NEWS
New team members
We would like to welcome the following new team members to the BAGL family:
- Jackson O'Keeffe - Associate - NSW
- Chris Oster - Associate - VIC
- Jason O'Meara - Special Counsel - WA
- Jessica Dycueco - Accountant - QLD
Career opportunities
Our team is growing as we continue to expand our national footprint and win exciting development and advisory projects. We are currently recruiting for the following roles at BAGL:
- Senior Development Lawyer (Associate & above) - NSW
- Commercial Litigation Lawyer (Solicitor & above) - QLD
- Strata Litigation Lawyer (at least 3 PAE) - VIC
If you are interested to know more about these roles, including details of our firm and team culture, please contact us at info@bagl.com.au or David our CEO at david@bagl.com.au
Introducing By-Law Builder
"By-Law Builder" is a system we have built which enables strata owners, committees and strata managers to:
- Set-up a property's by-laws in a digital format (free service)
- Email, print and download a PDF by-laws report (free service)
- Print a flyer for your noticeboard, reception counter or lift with a unique QR code that enables people to scan and view your property's by-laws (free service - try it out on the image above!)
- Order up to 20 individual by-laws for items such as apartment renovations, pets, regulating short-term letting, smoking, parking and more - our by-laws start from $99 + GST
- Prepare a complete set of by-laws for a new development before a property is registered - drafted by leading strata lawyers
- Submit a request to have your by-laws reviewed by a lawyer
- Submit a request and upload documents to get a quote for consolidation and registration of by-laws via PEXA, and
- Order title searches and dealing numbers.
The system is currently live in NSW, with other jurisdictions to follow soon. If any strata managers are interested in getting us to create digital copies of your by-laws for the schemes you manage, or you would just like a tour of the system, please get in contact.
Get in Touch
If you have any questions in relation to this regulatory 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 property's 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.
