NSW Strata Legislation is currently under review with new strata laws expected to be introduced in late 2013/early 2014. The central aim of the review is to modernise and simplify the existing legislation with NSW Fair Trading Minister, Anthony Roberts MP, estimating that by 2040 around half of Sydney’s housing stock will be multi-unit dwellings.
There are currently five seperate Acts covering strata and community title law in NSW with over 1,500 associated provisions. This means that in NSW by-laws can vary widely and residents are often unsure of where to go for information regarding their strata complex.
The issues attracting the most attention under the review include building defects, overcrowding, pets, smoking, strata scheme terminations and urban renewal, proxy voting, noise and parking.
Under the proposed amendments the following changes appear likely:-
- Pets – Removing the need to obtain consent from the Owners Corporation to keep a pet but requiring pet owners to comply with set conditions regarding common property, noise and waste.
- Smoking – Allowing registered proprietors to smoke within their strata lots but banning smoking on common property or on open-air balconies where smoke could be detected in an adjoining property.
- Noise – Widening Local Council and Police powers to deal with ‘breaches of the peace’ in strata and community schemes or providing schemes with the power to issue ‘cease and desist’ notices for repeated noise or anti-social behaviour backed by an enforceable fine.
To find out more about your rights in respect of strata or community title schemes, call Brazel Moore Lawyers on (02) 4324 7699.