November 2024
Hello clients, friends, and industry colleagues,
Welcome to another edition of STRATA INSITE!
Our last STRATA INSITE edition for 2024 brings you the latest in property legislation, key regulations, and case law—plus fresh insights and articles from our experts in Sydney, Brisbane, Sunshine Coast, Melbourne, and Perth.
If something catches your eye or you’d like a personalised presentation for your team, let us know—we’re here to help.
NSW UPDATES
💡 Parliament passes the Residential Tenancies Amendment Bill 2024
The Residential Tenancies Amendment Bill 2024, recently passed by Parliament and awaiting assent, introduces significant updates to tenancy laws. Key changes include the end of "no-grounds evictions," annual limits on rent increases, and new provisions for pet ownership.
💡Strata Managing Agents Legislation Amendment Bill 2024 introduced
On 14 August 2024, the NSW Strata Managing Agents Legislation Amendment Bill 2024 was introduced, proposing significant changes to strengthen disclosure obligations and penalties for strata managing agents. These amendments aim to enhance transparency and confidence in strata living.
💡 Q: "What are the statutory or regulatory controls on storage of strata scheme records?"
Recent amendments to the Strata Schemes Management Act highlight the regulatory obligations around storing strata records, especially with the rise of cloud-based systems. Understand your rights and responsibilities regarding record-keeping and decision-making in your strata scheme. This article, authored by Gerard Doyle, first appeared in the September 2024 edition of The NSW Strata Magazine.
💡Safety in Strata: Critical Lessons from Recent SafeWork NSW Prosecutions
The tragic case of a fatal accident involving a damaged gate has led to significant fines for a strata management company and an Owners Corporation, underscoring the vital need for proactive safety compliance. This recent court decision serves as a wake-up call for all strata managers and owners corporations on the importance of thorough risk management and timely action.
💡Strata Building Bond Increase in NSW
The NSW Parliament has increased the strata building bond rate from 2% to 3%, effective for applications made from 2 November 2024. This bond is essential to safeguard owners against potential building defects in new strata developments.
💡 IPART Publishes Final Embedded Networks Report
The NSW Independent Pricing and Regulatory Tribunal (IPART) has released its final report on the future of embedded networks, setting guidelines for maximum pricing and customer protections. Key recommendations focus on fair pricing and compliance for embedded network customers across NSW.
QLD UPDATES
💡 Queensland prepares for new Property Law Act and seller disclosure regime
1 August 2025 will mark the advent of important new real estate laws in Queensland. All applicable legislation, and approved forms, have now been released. The industry now has 9 months to prepare.
In this article, Phil Pennington, Special Counsel in our Brisbane office, has unpacked the changes that are coming, and what industry professionals need to do to get prepared.
💡 Q: "Are Adjudicators required to comply with human rights law when deciding body corporate disputes?"
In a recent article, Phil Pennington examines a Queensland Civil and Administrative Tribunal Appeal Division (QCATA) decision clarifying that adjudicators resolving strata disputes under Queensland’s Body Corporate laws are not required to consider the Human Rights Act 2019 (Qld) in their determinations. This ruling has significant implications for the scope of human rights in private strata matters.
💡Ensuring Compliance and Fair Decision-Making for Stair Repairs in a Townhouse Complex
In strata complexes, decisions on repairs can have far-reaching impacts on access and safety, especially for those directly affected.
Queensland Partner Michael Kleinschmidt shares proactive strategies for owners to address unsuitable repair options and advocate for compliant solutions. This article first appeared in StrataNews #717 Newsletter from LookUpStrata Pty Ltd.
💡A patio pandora’s box of issues
A selling agent’s solo decision to approve patios in a new building now brings light and nuisance issues to neighboring units. In this article, Queensland Partner Michael Kleinschmidt explores the legal and procedural steps that affected owners and committees can take. First published in the September edition of The QLD Strata Magazine by LookUpStrata Pty Ltd.
💡Contribution Entitlements Can Be Changed Again!
A recent QCAT decision by Judicial Member DJ McGill SC may make it easier for lot owners to apply for changes to their contribution schedule lot entitlements (CSLEs) under certain conditions. If you’ve experienced changes in legal rights or body corporate expenses, you may now have grounds to seek a reassessment.
💡 Q: " How do we ensure bigger lots pay their fair share?"
This article by Queensland Partner Michael Kleinschmidt first appeared in StrataNews #704, the weekly national newsletter from LookUpStrata Pty Ltd. It explores solutions for fairer cost distribution in strata schemes when one lot occupies a disproportionately large area.
💡Q&A Levy Debt Strategies for Dealing with Late Paying Owners
Strata properties often face challenges with owners who delay levy payments, impacting cash flow and administrative efficiency. Petra Lohmann, the head of LevyCollect team, explores how regulations and management agreements can help bodies corporate tighten their arrears recovery process to address this issue.
VIC Updates
⚖️Case Note: Owners Corporation 1 Plan No. PS735439F v Singh (Owners Corporations) [2022] VCAT 389
This case explores VCAT's ruling on the recovery of reasonable costs incurred by Owners Corporations, providing clarity on cost claims under section 165(1)(ca) of the Owners Corporations Act 2006.
WA Updates
💡WA Strata Reforms: Public Consultation Phase One Closed, Phase Two Coming Soon
Phase one of WA's public consultation on strata law reforms has wrapped up, gathering input on strata manager standards and cost controls. Phase two is set to begin in early 2025, offering further opportunities for the public to shape the future of WA’s Strata Titles Act.
National Updates
🌟LevyCollect +Urbanise
We’re excited to announce that LevyCollect is now integrated with Urbanise Strata via API, allowing Owners Corporations and strata managers to fully automate levy recovery. This integration streamlines the process, ensures data accuracy, and enables quick, cost-effective collection of outstanding levies. Updates are sent back to Urbanise Strata, eliminating the need for manual follow-ups.
🌟LevyCollect web page has a fresh new look!
LevyCollect is our innovative platform designed to streamline the recovery of outstanding levies for Owners Corporations across Australia. With over 38 years of experience, our expert team is committed to delivering results with efficiency, care, and compassion.
💡 Strata Scheme Termination Toolkit
Ending a strata or community titles scheme can be complex and daunting. In case you have missed this in the earlier edition, this Toolkit provides simplified guidance on termination methods in NSW, QLD and VIC, complemented by BAGL's expert advice.
TEAM UPDATES
✨ New team members
We are excited to announce we have some new team members that have joined the growing BAGL family:
- Harish Nair - Consultant, VIC
- Michaela McDonald - Paralegal, NSW
- Eric Carangalan - Accounts Assistant
✨ Career opportunities
We are always looking for talented individuals to join our team. While we don't have any open positions at the moment, feel free to contact us or be sure to check our Careers page for future opportunities.
📱 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 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.
