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BnbGuard’s submission to WA government on short term letting

The WA government is currently holding an inquiry into short-term holiday letting. BnbGuard​ has shared with us their submission, which sets out the current global best practice when it comes to short term letting. Their suggestions include: 👉 Compulsory licensing for fine-grained control and immediate response 👉 Tight rules for investor short term lets 👉…
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Insurance: who is responsible?

Listen to Amanda’s podcast episode 023 and fill in the form below to receive your download direct to your inbox. Download fact sheet Receive your download direct to your inbox: fact sheet on who is responsible for insuring the various parts of a strata property, co-authored by Strata Community Insurance and Your Strata Property.   Enter…
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Tenants in Strata – NSW law reform

Listen to Amanda’s podcast episode 015 and fill in the form below to receive your download direct to your inbox. Download information cheat sheet Receive your download direct to your inbox: summary cheat sheet on the changes that are coming for tenants in NSW strata schemes. Enter your name & email address to subscribe to our…
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Help! I bought a strata unit!

[adapted from podcast episode 001 – what is strata?]   What exactly is strata?  What are by-laws? What are strata levies?  What is all this paperwork I have in my mailbox and what am I supposed to do about it? Help! Strata is unique.  It can be complicated.  It can be old fashioned. It can…
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Article: the difficulty of repealing an exclusive use by-law

In order for an owners corporation to repeal an exclusive use by-law that confers on the owner of a lot, or the owners of several lots, certain rights or privileges to use a part of the common property, section 52 of the Strata Schemes Management Act 1996 (“SSMA”) requires the written consent of the owner(s) of the lot(s) concerned. In general, this means the written consent of the owners receiving the benefit of the common property in question.

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What can be done about short term letting?

Recently, I was invited by strata management company Dynamic Property Services to sit on a panel, together with other strata ‘experts’, and answer a range of questions asked by strata owners.

One of those questions was: what to do about short term letting in strata?

Below I share with you my personal notes made in preparation for answering the various aspects of that important question:

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Article: keeping animals in strata part 2, the road to approval

Previously, I wrote about when and how a resident of a strata scheme can keep pets in their lot.

Today, I set out the process than can be undertaken if the owners corporation has rejected your request to keep a pet.

So, you have written to the executive committee, enclosing a photo of Max lying on the grass with three other dogs at the park, belly up:

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Article: can I have a pet? Please? Keeping an animal in strata, part 1

When I was a kid, my Christmas wish-list every year included a puppy. But all I remember was receiving different pairs of I-swear-they-are-fashionable-funky-socks and some you-will-grow-into-them-sweaters from my parents. I must admit, Santa and I were not on the best of terms for a long time. But eventually, I realised the real obstacle standing between Father Christmas and my fulfilling childhood were the by-laws for our unit block.

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Article: what is a ‘large strata scheme’?

Have you ever dreamed of living in a ‘New York’ style high-rise apartment looking over the alluring lights of the city? I know I have, particularly after the first episode of Suits where they showed Harvey Specter’s apartment.

However, living in a high-rise residential building is not just about throwing fancy dinner parties to make your friends jealous, despite your fear of heights.

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Article: court of appeal finds strata schemes may retrospectively approve legal action

December 2014 saw two decisions of the NSW Court of Appeal confirm the effect of section 80D of the Strata Schemes Management Act. This is the section that requires legal action to be approved by the general meeting if the reasonably estimated costs of taking that action exceed the amounts stipulated in the Regulation (currently $1000…
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Article: is your strata scheme dysfunctional?

You may have heard of the television sitcom Arrested Development. It’s about a man called Michael Bluth who tries to do the right thing and strives to keep his family together, despite his highly manipulative and materialistic parents, attention seeking twin sister, socially inept little brother and highly unreliable older brother. And how could we forget Tobias Fünke, his brother-in-law who is a self-diagnosed ‘never-nude’ (which is ‘exactly what it sounds like’).

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Article: asbestos in strata, a reminder of your obligations

Since 1 January 2012, all strata buildings containing a common property workplace built before 1 January 2004 must comply with certain legislative requirements relating to asbestos. In summary, these requirements relate to

(a) the identification of asbestos

(b) the creation of an asbestos register and

(c) the creation of an asbestos management plan.

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Article: strata levy recovery and the requirement for expenses to be reasonable, but not proportionate

The NSW Supreme Court has reminded us of the requirement for section 80 levy recovery expenses to be ‘reasonably incurred’ and ‘reasonable in amount’. If there is any doubt, costs will be referred for assessment.

IIB Australia Pty Ltd v Owners Strata Plan 76024 (No 2) [2015] NSWSC 929 (16 July 2015) was an appeal from a decision of the Local Court. In the Local Court proceedings, the Owners Corporation claimed against a lot owner:-

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