New strata laws have now come into effect in New South Wales, the first major change to the legislation since 1973.
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More than 90 amendments have been made relating to a wide range of areas like pets, smoking, parking, accountability of strata managers and making it easier for renovations.
NSW Fair Trading Commissioner Rod Stowe said the updates were to improve strata living for the two million people who own, live or manage strata schemes across the state.
This includes everyday improvements like hanging pictures, coat hooks and filling cracks, plus kitchen or bathroom renovations can go ahead; installing timber or tile floors and replacing wiring or power points no longer need a special resolution by-law.
Landlords may be held liable to their tenants for second hand smoke exposure. Owners corporations can also create by-laws banning smoking throughout an entire complex.
Orders can be created against residents who smoke or allow their cigarette or barbeque smoke to drift into other units.
The keeping of pets has been made easier as a request to keep one cannot be unreasonably refused. Owners will be able to appeal to the tenancy tribunal if they believe the request was unreasonable.
Andrew Darby, business development manager of Chris Darby Strata, welcomed the changes.
Mr Darby has worked in strata for many years with his family owned business and said the reforms may seem “controversial” to some people but overall the benefits outweigh the negatives.
“The modern strata complex can’t run on regulations from 1996,” he said. “It’s going to put a bit more onus on owners to manage their complex and be more interested."
Mr Darby believed the laws which would create the most controversy were to do with pets, smoking and giving more rights to tenants such as allowing them to vote on certain items at annual general meetings.
However, after recently returning from a stint in London, he said overall Australian legislation was often looked at as a leading example.
“[The UK’s] legislation in my view is behind, they tried to implement the legislation we use and it didn’t stick so they gave up,” he said.
“Australia’s legislation was mentioned four times in [Britain’s national property manager conference] which made me feel quite proud.”
Many new requirements do not impact strata schemes immediately. Property owners must review your scheme’s strata rules (by-laws) by 30 November 2017.
For more information visit www.stratalaws.nsw.gov.au