Local governments have a range of laws that they are allowed to enforce and operate under, including the Local Government Act 1993. Some of the regulations administered by local governments include safety requirements such as a Council Fire Safety order.
“Strata properties must comply with legislative fire safety requirements, like a fire safety order. However, having orders met often means having a qualified inspector enter private lots or apartments. While that seems like an easy request, people can be funny about this if they feel they have to partake in something they don’t want to or if they weren’t given proper notice and warning.
“Our by-law drafting looks to help communities meet legislative requirements by making sure owners and residents know that they are obligated to do the right thing. For example, we draft by-laws which allow the owners corporation access to a private lot to comply with Council Fire Safety orders. Likewise, by-laws can stipulate that an owner is responsible for any costs associated with the rectification of fire safety defects within a lot. Having by-laws that deal with who is responsible for what is critical to achieving a successful property.
“Taking proactive action before issues happen is a huge step to making sure neighbours get along. When it comes to community living, being clear about obligations and requirements is the most straightforward and dispute free way to manage a property. Community living is a great place to live and invest, and specially drafted by-laws are a way of making sure strata continues to be a good choice,” said Michelle.
Kemps Petersons Legal (KPL) is part of our PICA Group family and are specialists in strata management.
They provide legal services to committee members and property owners by providing tailored and watertight by-laws to minimise risk and aid the smooth running of a harmonious community. They will also take care of the consolidation and registration process ensuring a comprehensive experience.
It is important that a strata specialist is used to draft your by-laws, taking into consideration your current registered by-laws, as well as your individual needs and specifications. This ensures that your owners corporation is protected by their professional indemnity for the services undertaken.
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