Strata

Update - Changes to Swimming Pool Laws

A previous article addressed amendments to the Swimming Pools Act 1992 (“the Act”). There have been some developments, in which owners of properties with pools may be interested. This includes owners of lots in strata schemes which have a pool. In particular:

Child Safety – Window Barrier Laws Commence

The Strata Schemes Management Amendment (Child Window Safety Devices) Act 2013 (“Act”) and Strata Schemes Management Amendment (Child Window Safety Devices) Regulation 2013 (“Regulation”) came into force on 11 December 2013.

Strata Title Law Reform

The New South Wales government has released a position paper in relation to proposed reform of NSW strata title laws. This follows extensive consultation and numerous submissions by interested parties. A copy of the paper and submissions received can be found at the following link.

Common Property Doors and Asbestos

With changes to work health and safety laws in recent years and increasing numbers of asbestos reports, schemes are experiencing difficulties managing contractors engaged to carry out repair and maintenance works involving asbestos contaminated materials. The most common scenario involves common property doors, e.g. replacement of a lock or shaving of a sticking door. People, even contractors, are often unaware that doors installed prior to 1990 may contain asbestos materials.

Changes to Swimming Pool Laws

The Swimming Pools Amendment Act 2012, amending the Swimming Pools Act 1992 (“the Act”), came into force on 29 October 2012. Most of the changes take effect on deferred dates.

The principal changes are as follows:

Strata Schemes and Telecommmunications Facilities - 3G & 4G

Telecommunications carriers (“Telco Carriers”) have extensive tower networks to provide mobile phone and data services to their customers, and are constantly expanding their networks with additional equipment, or adding new equipment to existing sites. This practice is currently amplified with many Telco Carriers rolling out the “4G” next generation networks, which requires new equipment to be installed. Even where a carrier has “3G” equipment in a given location to service customers, rolling out the “4G” network requires the installation of new equipment, which the Telco Carrier may want to install on an existing site, or on a new site.

Investing in Timeshare Schemes

Timeshare investment schemes take many forms, but typically involve part time holiday accommodation. They are generally presented as a simple flexible option, but they are not. As a managed investment scheme, they involve a complex regulatory and contractual framework, comprising:

Asbestos Compliance Under the Work Health and Safety Regulation 2011 for Group Title Structures

On the 1 January 2012 provisions in the Work Health and Safe Regulation 2011 (“the WHSR”) commenced which includes requirements relating to identification of asbestos, creation of an asbestos register and creation of an asbestos management plan.

Fences, Trees and Retaining Walls

We have recently seen a significant increase in the number of disputes concerning retaining walls, dividing fences and damage by trees from adjoining properties.

This area of law has undergone considerable legislative reform in recent years and there are many interesting aspects to consider, including:

Disability (Access to Premises - Building) Standards 2010

Many strata managers, owners corporations and owners will now need to consider the wide ranging effect of the new Commonwealth standards which require the installation of disability access and became effective on 1 May, 2011.

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