Areas of Law Archives - Madison Marcus

STRATA UPDATE: ANOTHER WIN FOR OWNERS CORPORATIONS AGAINST AIRBNB

May 7, 2020
Areas of Law / News / Strata

Further to our recent article about our team’s big NCAT victory in having an owner fined for Airbnb letting and winning a costs order (click here to view), a recent change in laws will have an even bigger impact on stopping short term letting. In the Estens decision from 2017, the Tribunal invalidated a short-term letting by-law, for breaching s139(2) of the Strata Schemes Management Act 2015 (SSMA), which says a by-law cannot prohibit or restrict the leasing of a lot. Many were critical of aspects of that decision, and it did not set a precedent other NCAT Members had to follow. However, that is all a moot point now. Owners corporations can decide if they want to be a building that allows Airbnb. Can a valid by-law ban short-term letting? This answer was not previously clear, but is now emphatically yes. Section 137A of the Strata Schemes Management Act 2015, passed in August 2018 by both houses of NSW Parliament, is at last now in effect. Section 137A says a by-law may prohibit a lot…

Strata E Alert: Finally, a win for Owners Corporations against Airbnb Owner

May 7, 2020
Areas of Law / Strata

What can Owners Corporations do about Airbnb and short-term letting? The Madison Marcus Strata team recently had a big win in NCAT against an owner who was conducting Airbnb contrary to by-laws. The offending owner was fined the maximum amount ($1,100), and had a costs order made against him. The costs order was of far greater value than the penalty handed down. This means owners corporations can obtain worthwhile orders, meaning breach of by-law proceedings are worth pursuing. In the widely reported Estens decision from 2017, the Tribunal invalidated a short-term letting by-law, for breaching s139(2) of the Strata Schemes Management Act 2015 (SSMA), which says a by-law cannot prohibit or restrict the leasing of a lot. In the Estens decision, the actual by-law was not produced. Despite the win in our case, that issue from Estens remains. The key questions for owners corporation are: Given the Estens decision, is there a way to draft a valid by-law to restrict short-term letting? What is the best strategy for an owners corporation to deal with short-term letting?…

COVID-19 UPDATE – CHANGES TO THE WAY CERTAIN LEGAL DOCUMENTS ARE SIGNED AND WITNESSED IN NSW

April 29, 2020
COVID-19 Crisis / Legislative Updates / News / NSW / Wills & Estates

New regulations have been enacted to reduce face-to-face contact and make it easier for people to stay home and reduce physical interactions while, still completing important transactions during the COVID-19 pandemic.

MM COVID-19 UPDATE: CHANGES TO FIRB APPLICATIONS

April 28, 2020
COVID-19 Crisis / Federal / Legislative Updates / News / Property

Temporary changes to Australia’s Foreign Investment Framework have been enacted by the Federal Government, effective from 29 March 2020.

CONSTRUCTION & INFRASTRUCTURE E-ALERT: CONTRACT ADMINISTRATION SERVICES

April 21, 2020
Areas of Law / Construction & Infrastructure / News

Administration of construction contracts is an important process for building contractors and sub-contractors in the life of a construction project.

PLANNING E ALERT: REFORMS TO DEVELOPMENT CONTRIBUTIONS AND LEVIES

April 20, 2020
Legislative Updates / News / NSW / Planning, Environment & Government

Back in November, the NSW Premier, Gladys Berejiklian, highlighted four crucial areas of reform to the NSW planning system for 2020, including addressing the uncertainty of developer contributions to propel investment in the sector. The Planning and Public Spaces Minister, Rob Stokes, considers this uncertainty and lack of transparency “the number one issue I hear from industry”. Mr Stokes has now announced the appointment of Productivity Commissioner Peter Achterstraat to undertake a review of the current contributions and offer recommendations for a new system by the end of this year.

CAN YOU HOLD FACE-TO-FACE STRATA MEETINGS DURING THE COVID-19 CRISIS?

April 17, 2020
Areas of Law / COVID-19 Crisis / Legislative Updates / News / NSW / Strata

Our Strata team is constantly being asked about what types of meetings can be held during the Government restrictions brought about due to COVID-19. The Strata Regulations make allowances for electronic meetings, such as pre-meeting email votes, telephone, videoconferencing or voting website.

THE COVID-19 IMPACT ON PLANNING AND DEVELOPMENT IN NSW

April 9, 2020
COVID-19 Crisis / COVID-19 Crisis / Legislative Updates / News / NSW / Planning, Environment & Government

The NSW Minister for Planning and Public Spaces, Rob Stokes, has recently issued a number of Ministerial Orders in response to COVID-19 which effects the way planning and development will occur in NSW for the foreseeable future.