Category Archives: Strata

Common law and common sense about trees

Overhanging or invasive trees are a common cause of dispute in strata communities and otherwise. There are steps and measure you can take to avoid these disputes escalating out of control.

Read this week’s training note and Many thanks to TEYS lawyers for this article here are some tips on how not to go too far!
Each state and territory by now has its own legislation about tree disputes and if a dispute goes far enough, then these laws should be referenced. This note looks at the common law and some common sense on the topic.

  1. Tall tree near buildingThere are trees to avoid planting and places to avoid planting them. A rubber plant
    will find pipes and drains on the other side of the city if that’s how far it has to go
    for a drink. A by-law about what can be planted and where, is a good use of the
    by-law making powers of an owners corporation.
  2. You don’t need council approval to plant a tree but you might need approval to
    bring one down. Check for tree preservation orders in your local council before
    having a working bee with chainsaws at the ready. (Also check your insurance
    before letting the secretary rip with anything sharper than a pen).
  3. Local councils are responsible for trees on pavements, grass verges and nature
    strips, so don’t waste owners corporation money on these matters, exercise your
    right to complain to the authorities to get this work done.
  4. Branches and roots from a neighbour’s tree can be pruned and the material
    returned to the tree owner’s property, but again be careful of preservation orders
    before taking to the intruder. Also, it might be an idea to talk to the neighbour first
    before cutting down half the magnolia and hurling the cuttings into their pool.
  5. The common law of nuisance applies to physical land or buildings but does not
    include the right to sunlight or an unobstructed view. In some places, including
    Sydney, there is legislation about hedges blocking views so look for this if the Opera House is fading to green.

Thank you TEYS Lawyers.

Netstrata welcome the Monarco Estate

Netstrata is pleased to welcome the owners of the Monarco Estate Westmead.

The Monarco Estate is one of Western Sydney’s largest developments comprising of a community association and 4 separate high rise strata schemes comprising over 400 lots. The Estate also has fantastic facilities such as full-time caretakers, tennis courts, swimming pool, gymnasium and a kiosk.

Business Development Manager Jeremy Stone said “the scheme has had a number of strata managers to date, and after a long and extensive tender process we are very excited to have been selected and we look forward to rolling our sleeves up and adding some value to the project through hands on management”.

The strata scheme will be managed by 2 of Netstrata’s senior managers Peter Sawell and Brad Wood both are fully Licensed strata managers.

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Dividing Fences

Part 1 in Solving Neighbourhood Problems

With the exception of noise, dividing fences are the source of most neighbourhood disputes. State legislation covers the rules for working out who pays for the dividing fence and also what happens if there are disputes about where the boundary lies. These laws apply to owners corporations and bodies corporate.

Basic Principle

The Dividing Fences Act 1991 (NSW) 1 provides that adjoining owners are required to share equally the cost of a “sufficient dividing fence”. If there is a dispute about the standard of fencing, one neighbour must give the other a fencing notice and disputes are heard in the local court. Mediation by a community justice centre is likely to be cheaper and less stressful.

What is a “sufficient dividing fence”?

Fence of strata schemeIn deciding what is a sufficient dividing fence, the court will take into account the following:

  • The standard of the existing fence;
  • The purpose of the fence;
  • The way the land on either side of the fence is used;
  • The privacy or other concerns of each neighbour; and
  • The kind of dividing fence that is usual in the area.

The basic principles of this act are reflected in other state based dividing fences legislation including the Dividing Fences Act 1953 (QLD), Fences Act 1968 (VIC), Common Boundaries Act 1981 (ACT) – the main difference is the issue of crown liability for dividing fences.

Who Pays?

The general rule provides for neighbours to equally share the cost. However, if one neighbour wants a fence of a greater standard than a “sufficient dividing fence”, then that neighbour will have to pay for the additional cost involved.

Boundary Disputes

If there is a dispute about the boundary line, then the act provides for this to be determined by a registered surveyor.

Encroachments

Encroachments (where buildings cross the boundary) are covered by the Encroachment of Buildings Act 1922. These are complicated cases, which can involve applications to the Supreme Court.

Avoiding Disputes

To avoid disputes about fences and boundaries, an owners corporation or body corporate needs to act reasonably and should take care to keep notes and written correspondence about the essential elements of the fencing proposition. Certainly a
neighbour who goes ahead and constructs a fence without first consulting and coming to an agreement with the other neighbour, might not be able to recover half of the costs. The community justice centres in New South Wales provide an excellent service in providing assistance to parties without the necessity of involving lawyers.

 

Thank you to Teys lawyers for this article

Affordable units keep outperforming houses

Over the past 12 months unit values have increased by 0.1% across the combined capital cities compared to a value fall of -2.0% for houses. In fact, unit values have increased at a rate faster than house values for most of the past five years as home buyers search for more affordable housing options.

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According to the RP Data-Rismark Home Value Index, unit values across the combined capital cities have increased at an average annual rate of 6.3% over the past five years compared to growth of 5.7% for houses. More recently, the 12 months to April 2011 have seen unit values increase by 0.1% while house values have fallen by -2.0%.

Thanks to RP Data for this Article.

Netstrata support the Cancer Council

Netstrata took part in Australia’s largest morning tea this morning raising money for the Cancer Council. There were a few red eyes this morning as some of the team stayed up late baking, fantastic effort by all. Australia’s Largest Morning tea is aiming to raise $11 million for cancer research & patient support. www.biggestmorningtea.com.au.

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Netstrata VS Masterchef

The Netstrata Social Club Committee (inspired by the Masterchef phenomena) arranged a cook-off dubbed “Cooking up a Storm” last Friday evening. The event involved the creation of 2 teams (red & blue) and the challenge was  to prepare and present a restaurant quality 3 course meal. The event was a great opportunity to get together for a team building event which included a few calories and create something from scratch.. The night was a huge success and thanks to all involved. Check out some of the photos below.

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Not only excellence in strata management but in Culinary Masterpieces…

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Come in and feel the noise: landlords to pay for rowdy tenants

Photocopies sticky-taped to city lamp posts offering dirt-cheap, shared-room rentals in luxury apartments could soon be a thing of the past after a landmark court ruling.

Previously, landlords who crammed partying backpackers and students into houses and apartments could ignore complaints about noise, passing them back to tenants who changed so often no one could be held responsible. But in a game-changing move, a noise-abatement order has been served on the owners, rather than their tenants, of a Double Bay apartment. The downstairs neighbours had complained for years of noise and disturbance.

Anyone breaching a noise-abatement order can face fines of up to $5500 as well as charges of contempt of court that could lead to jail terms.

For Jean Whittlam, 71, and her son Anthony, 41, the noise-abatement order marks the end of a five-year battle with the owners of the apartment above their flat in New South Head Road, Double Bay.

“We’ve been told this is the first time anything like this has ever happened,” said Mr Whittlam, who said the upstairs flat had been run as a backpacker flophouse. “It’s great… It gives all of us hope.”

Landlords John and Sarah Hanna, who own more than 100 properties in the eastern suburbs, denied the allegation.

“It’s an insult to call the tenants of this flat backpackers,” Mrs Hanna, 76, said. “They were educated people from good families who just happened to be English and Irish.”

However, Jean Whittlam claimed in court that the Hannas’ tenants were often shouting and singing at night, slamming doors, playing soccer at 2am, swearing, partying and playing loud music.

The Hannas’ lawyer disputed that the owners could limit the noise because they did not live in the apartment, but the magistrate, Harriet Grahame, ruled they were responsible because they could control who they leased the apartment to, for how long and, if necessary, make physical changes to the property to decrease noise.

Colin Grace, of Grace Lawyers, whose firm represented the Whittlams, said this was a landmark decision. “It means if a landlord has been told about a problem with their tenants but does nothing about it they effectively ‘adopt’ the problem and are responsible for it.”

Recent changes in the tenancy laws allowing landlords to demand written consent before tenants can sublet mean owners have even less excuse for not knowing who lives in a property.

SMH 7th May 2011

Major building refurbishment

Netstrata tackle a major building refurbishment for one of Southern Sydney’s largest strata schemes, this has included the removal and repair of dummy render and a complete repainting of the exterior building facades.

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Netstrata’s Danielle Brell is managing the process in conjunction with building consultant Ian Thompson from Essential Facilities Management. The project at this stage is running 2 months ahead of schedule which is a fantastic result. If your strata scheme is looking for a strata management service that could assist you with a similar project we would be happy to assist.

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