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A bespoke contract to enable service charges direct to owners who want that special service that the committee does not wish to pay for.
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Contract between a strata manager and a developer for pre-registration services.
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A bespoke up-to-date building management agency agreement template and proposal, tailored for your firm.
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A tailored by-law for your renovation works.
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An agreement from the owners corporation to owners or occupants to supply amenities, such as, electric vehicle charging infrastructure, telecommunication services, window cleaning, garbage disposal and recycling services.
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Advice regarding losses following defective reports following property purchase.
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Posted 02 March 2015
Category: Building Defects, Contracts, Construction
In a Nutshell
As a result of changes to the Home Building Act 1989 (NSW) (“the Act”) residential building work contracts entered into from 1 March 2015 must be compliant with new requirements introduced from that date.
Broadly, residential building work involves:
Residential building work is subject to specific inclusions and exclusions as set out in the Act, e.g.:
If non-compliant contracts are entered into there is a possibility that:
Action to Take
Owners Corporations undertaking remedial works, repair or maintenance should seek advice to ensure that the contracts meet with the new requirements.
With the extension of statutory warranties to subcontracts, Owners Corporations should ensure that their contracts afford sufficient control over the appointment of subcontractors, and the identification of subcontractors and description of subcontracted works to Owners Corporations.
1 March 2015 Changes
Note: if deposit exceeds 10% contractor licence holders face a fine of up to $110,000 for a corporation or $22,000 for an individual
Note: the SOP Act does not apply to properties in which the contracting party intends to reside. Accordingly, the progress payment requirements don’t apply to remedial works arranged by schemes for common property, but may apply to works to lot property in single residences that are not an investment property.
Note: If non-compliant contracts are signed or progress payments are demanded under a non-compliant contract then contractor licence holders face fines of up to $110,000 for a corporation or $22,000 for an individual
Note: if this requirement is not met contract licence holders face a fine of up to $8,800 for a corporation or $4,400 for an individual
Note: if this requirement is not met contractor licence holders face a fine of up to $8,800 for a corporation or $4,400 for an individual
Note: if this requirement is not met contractor licence holders face a fine of up to $8,800 for a corporation or $4,400 for an individual
Note: if this requirement is not met contractor licence holders face a fine of up to $8,800 for a corporation or $4,400 for an individual
Note: if this requirement is not met contractor licence holders face a fine of up to $8,800 for a corporation or $4,400 for an individual
Note: if this requirement is not met contractor licence holders face a fine of up to $4,400 for a corporation or $2,200 for an individual– although note Fair Trading NSW will not bring enforcement proceedings where 2014 version of the guide is used in the first half of 2015.
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.