Strata Regulatory Watch
May 2023
Dear clients, friends and industry colleagues,
Welcome to our May 2023 edition of Strata Regulatory Watch.
Please let us know if there is anything of interest in this newsletter you would like more detail on.
NSW UPDATES
💡 Submit your strata scheme report by 30 June
If you are a strata manager or part of a scheme that has not reported yet, your 2022 strata scheme report must be completed by 30 June 2023 or penalties may apply.
Visit this page on the NSW Government web site for more information:
💡 Updated information on Fire Safety Regulations
The Department of Fair Trading have published further information on the Fire Safety Regulation 2022. This consists of a fact sheet explaining the reforms in greater detail and some additional FAQs which are available on the Fair Trading web site.
🛠️ Who is responsible for water-proofing a balcony?
Emma Smythies, Partner in our Sydney office, answers this important question.
💬 Research on the digitalisation of the Australian construction industry
Would you like to have a say on the ‘Digitalisation of the Australian residential construction sector’? Two Australian Universities are conducting research that expands on the work Western Sydney University did in 2021 that looked at the state of digitisation amongst designers and builders working in the ‘class 2’ residential apartment sector. This latest survey is looking at the digitalisation of the residential construction industry from a national perspective.
QLD UPDATES
⚖️ When can we expect the changes to the QLD strata legislation to come into effect?
Good question! There has been no official word from the Queensland Government since a statement by the Attorney General in February 2022. You can read more about the changes that have been announced and some of the Minister's comments around timing here:
👨👦👦 GAMING THE HOUSING CRISIS: Can Queensland legislate unit owners out of a Nash Equilibrium?
In this amusing and informative article by Michael Kleinschmidt, a partner in our Sunshine Coast office, Michael foreshadows the upcoming legislative changes in Queensland, designed to make redevelopment of ageing strata schemes easier. While describing the likely legal processes, Michael examines the commercial interests of Owners and Developers, and demonstrates why there is currently so little redevelopment taking place. After applying a little Game Theory, Michael shows how the changes, if properly implemented, should open up a stock of older buildings for redevelopment.
VIC UPDATES
💡 VCAT rules that no special resolution is required for levying fees to repair and maintain community-wide features
In this article by Austin Dou in our Melbourne office, VCAT has ruled that an OC is not required to obtain a special resolution under section 12 of the Owners Corporations Act 2006 (Vic) to levy fees for the purpose of repairing and maintaining community-wide features not situated on common property within the same subdivision.
A.C.T. UPDATES
✨ Stage 2 strata reforms expected from 1 July 2023
Building on the reforms introduced to the strata laws in the Australian Capital Territory in November 2020, the Stage 2 reforms are expected to commence on 1 July 2023. You can read more about the changes coming in our article below:
⚖️ Changes to the ACT residential tenancy laws
From 1 April 2023, the ACT Government introduced changes to their residential tenancy laws. Details about the changes can be found here.
TEAM UPDATES
✨ Big welcome to the Stratum Legal team
We recently announced a merger with Stratum Legal, a leading body corporate law firm located on the Sunshine Coast. Michael Kleinschmidt and his team joined BAGL in February. You can read our press release here.
✨ Career opportunities
We are always on the look-out for talented lawyers and support staff that know and love property, and align with our values. We have some open roles at present in our NSW, WA and QLD offices. Please get in touch for more information, or keep an eye on our Careers page on 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 (NSW), 07 3905 9260 (QLD), 03 8582 8100 (VIC) or (08) 9254 6304 (WA) or 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.
