Strata & Community Living Autumn 2020
2020 Autumn Edition
Resolving a Dispute Without Lawyers
New Consumer Protection Laws
Strata Community Environmental & Engagement Award
Commissioner Update
Resolving a Dispute Without Lawyers
In 2018, Fair Trading established an online strata mediation portal which enables any party of the dispute to lodge an application for mediation. The service is free and Fair Trading says that it resolves around 65 percent of all disputes. Last year it received 1,800 applications for strata mediation services.
One of the reasons that people avoid mediation is the mistaken belief that a solution might be imposed on them. The mediation is simply designed to bring the parties together to talk about the issue in an environment that allows everyone to have their say.
A key benefit of mediation is that it allows the parties to start rebuilding their relationship before the dispute is so ingrained that any reconciliation is impossible.
For further information or to access the strata mediation portals go to www.fairtrading.nsw.gov.au or call NSW Fair Trading on 13 32 20 for assistance
New Consumer Protection Laws
Residential tenancies new laws
From 23 March 2020, new residential tenancies laws commence which are aimed at improving tenants’ renting experience while ensuring that landlords can effectively manage their properties.
According to NSW Fair Trading, the changes to the Residential Tenancies Act 2010 and the new Residential Tenancies Regulation 2019 will reduce disputes over repairs and maintenance, increase protection and certainty for tenants, clarify the rights and obligations of tenants and landlords and improve transparency between these two parties.
Protections for buying off the plan
Off-the-plan buyers now have better protections following the implementation of new laws on 1 December 2019.
The NSW Government now requires those selling new apartments off-the-plan to disclose more information. Furthermore, tighter requirements around cooling-off periods, holding deposits and sunset clauses were introduced. These come following a number of cases where buyers have been sold one thing and received something a lot different to what they were expecting.
Strata Community Environmental & Engagement Award
The 2019 Strata Community Environmental & Engagement was awarded to Waratah Apartments, Strata Plan 38936 for their commitment to reduce impact and preserve the environment as well as their engagement in the community in their strata. Located in Sydney’s Potts Point district, Waratah Apartments is a lifestyle community completed in 1987. It’s a self-managed scheme which has implemented a significant number of environmentally focussed projects.
Commissioner Update
In mid-2019 the NSW Government appointed Mr David Chandler OAM to the role of Building Commissioner. A move which was very much welcomed by SCA (NSW) and the broader strata sector.
Mr Chandler is a well-respected building and construction expert with more than 40 years’ experience in the industry.
