Updated Rules Aim To Curb Strata Title Rows
Sydney Morning Herald
Tuesday July 1, 1997
More than a million people in NSW will be affected by yesterday's introduction of new strata title laws redefining the rules for peaceful living among neighbours.
Some of the most contentious battles between neighbours in strata schemes involve pets, parking, noise, children and washing lines. The most unneighbourly neighbours are in the eastern suburbs, where complaints over the past two years have exceeded those from any other area.
Last year the Strata Titles Commissioner heard 1,400 disputes between residents in strata title schemes - 234 of them from eastern suburbs residents. They were followed by St George/Cronulla area (207), Mosman/Cremorne and the lower North Shore (196), Parramatta and The Hills district (142), and inner Sydney and South Sydney (118).
A similar picture of regional grumbling emerged the previous calendar year, when the commission heard 1,258 disputes.
But under new laws, bickering neighbours will now have to try to sort out their difference with the help of an official mediator before it goes to an adjudicator for resolution, instead of just applying for it to be heard first by a tribunal.
Strata matters will also no longer be heard by Local Court magistrates.
Fines for breaches of body corporate (now called owners' corporations) bylaws have increased from $500 to $5,000 under the Strata Schemes Management Act.
The Minister for Fair Trading, Mrs Lo Po', said 60 changes had been made in the first overhaul of the strata title laws since 1973, affecting 45,000 strata schemes in NSW.
"Inner city living has led to the proliferation of residential property developments and strata title townhouses and villas are growing in popularity right across NSW, and it's important that strata laws keep pace with these trends," she said.
One of the reasons for the overhaul, which took into account more than 300 written submissions, was that strata laws now apply not only to residential properties but to mixed residential, commercial and industrial sites and to retirement villages.
Developers are now able to customise bylaws to attract young families by having common areas devoted to child playgrounds, or allowing each resident to own a cat or a dog, removing many of the unwieldy regulations imposed by the previous compulsory bylaws.
Apartment owners will no longer be able to complain to their owners' corporation without having first paid their fees.
Owners' corporations are now permitted to give a 10 per cent discount for the early payment of levies and the minimum public liability insurance to be taken out by the owners' corporation has increased from $5 million to $10 million.
STRATA LAWS: WHAT'S NEW
* Customised bylaws to allow, for instance, pets
* Fines increased from $500 to $5,000
* 10 per cent discount for early payment of fees
* Voting proxies limited to 12 months or two consecutive annual general meetings
* In mixed commercial, residential or industrial schemes, each owner to contribute insurance determined by level of risk
* Minimum public liability insurance doubled to $10 million
* Disputes to be mediated before going before roving adjudicators
* Bylaws unable to prevent the keeping of guide or hearing dogs
* No restriction on occupation by children under 18 years
* Electronic transfer of documents by e-mail or fax
* New fine of $500 for not informing owners' corporation of leasing arrangements
© 1997 Sydney Morning Herald
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