Out-of-date by-laws mean pet bans will stay

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VICTORIA

1. The default rule (by-law) on pets basically says if you have a pet and it’s a nuisance and you’re told to get rid of it then you have to do so. 
2. Changes require a special resolution vote --> 75 percent of votes at a general meeting have to be in favour.  (However, if more than 50 percent of votes but less that 75 percent are in favour and not more than 25 percent are against, the motion is passed as an Interim Special Resolution.)
3. Postal ballot system in strata which can pass Special Resolutions and change rules on the same basis but without having to hold a physical meeting.  

NEW SOUTH WALES 

1. By-law (or ‘rule’) changes require a special resolution vote which means 75 percent of votes at a general meeting have to be in favour.  However, if more than 50 percent of votes but less that 75 percent are in favour and not more than 25 percent are against, the motion is passed as an Interim Special Resolution.

ACT

1. By-laws can be changed by a special resolution --> less than one-third of people present (including proxy votes and absentee votes) have voted against the resolution, and more votes have been cast in favour of the motion than against it.

Note that subtle difference – it’s not fewer than one third of people actually voting, it’s one third of people at the meeting either in person or represented by proxy or by postal vote.

SOUTH AUSTRALIA

Finally we can take a deeeeeep breath and relax. It's a lot simpler in South Australia..  

1. Here, you require a special resolution to change a by-law but it has to be supported by two-thirds of all owners, not just those voting at a general meeting.

QUEENSLAND 

1. You need two-thirds of votes cast at a general meeting to be in favour of the change, provided those who vote against represent no more than 25 percent of the lots.

This is how it might work – you have a block of, say, 100 units and they all turn up or send votes to a general meeting (yes, this IS hugely hypothetical).  A by-law change is proposed and 67 owners are in favour.  So far, so good.  But the other 33 percent all vote against, representing more than 25 percent of owners so the motion fails.
If, however, only half the owners turned up or sent votes to the meeting (a much more likely scenario) and 34 of them voted for the change (68 percent) and the other 16 voted against, the motion would pass because only 16 percent of the total owners (rather than voters) had said no.
Add in complications like limits on proxy votes, lot entitlements and voting by email and you have a system that, like NSW’s can be easily manipulated by an active and organized minority, especially one resistant to change

WESTERN AUSTRALIA

1. By-laws are divided into Schedule 1 and Schedule 2. 
2. Schedule 1 appear to be about basic rights and responsibilities – everything from how to elect your committee to being allowed to decorate your own home – and they require a vote “without dissent” to pass them. A vote without dissent in WA means that nobody who turns up at the meeting or sends a proxy vote, has voted against the motion.
3. Schedule 2 By-laws in WA cover things like parking, children playing on common property and drying laundry and can be changed by special resolution. A special resolution in WA is passed when votes in favour represent ownership of  no less than 50 percent of the lots or unit entitlements AND the votes against represent no more than 25 percent of ownership.
4. In WA the Schedule 1 and 2 by-laws apply to all strata schemes but with exisiting by-laws that are additions to or changes of these by-laws also being accepted.

To take that fictional 100-lot block again if only half the owners vote and even one says “nay” then the motion fails because it didn’t reach the 50 percent threshold. But if 75 owners vote and 24 say no and the other 51 say yes, then it’s passed (but only just). Best of luck to our WA readers when you get a couple of massive blocks mostly owned by overseas investors – try getting your required 50 percent of informed and engaged owners then.

NORTHERN TERRITORY

1. You can change ‘articles’ by special resolution, which requires that two-thirds of owners voting are in favour but no more than 25 percent of unit entitlements are held by those voting against.

TASMANIA

1. By-laws can be created or changed by a simple majority at a general meeting.  Tassie is also one of those states where, if a by-law (or ‘article”) doesn’t exist in a specific strata scheme, then the one in the standard scheduled by-laws applies

Hope I've broken it down enough for you peeps! But here's the full article and more links!! 

Have a great weekend everyone!!

Pet bans stay despite law change

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• The by-laws currently in place in your existing building will stay exactly the same, regardless of any changes in the standard by-laws. 
• The new by-laws will apply only to strata schemes created after the law is changed.
• It's up to you and your neighbours to change your current by-laws but that requires an overwhelming majority of owners, voting on the basis of their unit entitlements at a general meeting, to agree. Their stated hope is to make strata schemes more self-regulating, with by-laws that reflect the lifestyles of current residents, rather than being stuck with out-of date, one-size-fits-all rules that suit only a minority.
•  Right now, even if 70 per cent or more of owners are in favour of pets, for instance, just a quarter of those who turn up and vote at a general meeting – or, significantly, own a quarter of the real estate of all those voting – can block changes to anti-pet by-laws.
• Even worse, a highly motivated minority can slip by-law changes past frequently disengaged and apathetic owners – a low turnout at a general meeting is the norm rather than the exception – then block any return to the status quo when their neighbours wake up to what's happened.

 

But that's NSW...

For the full article, click here

Stay tuned for more information on how states and territories deal with strata by-law changes....

SYD: One city, so many different storeys

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From terraces to low-rise blocks to high-rise complexes, Sydney buyers are spoilt for choice..

  

• Townhouses - can offer courtyards or gardens at both the front and the back, which is particularly good for young families. Also, it's the kind of design attractive to empty-nesters who are more used to houses and feel this is a good compromise.''

• Strong demand for apartments in a new 20-level, 160-unit high-rise being built as part of the Village Quay development at Rhodes. Part of a complex that will eventually include two 24-level towers and two five- to six-storey blocks, adding up to 750 units, VQ: Shores, with views over Homebush Bay to the Blue Mountains, has been proving extremely popular.

 

• A lot of people look for security these days, and high-rise can offer that, as well as good views

• The Chinese market in particular prefers high-rise, as that's what they're used to historically.

• Younger people also don't want to have to mow lawns every weekend, they want to enjoy themselves in their spare time rather than doing chores, while downsizers like being able to lock [their homes] up and go off on holiday without worrying.

• High-rise developments can have the bonus of lower strata levies, as communal costs for shared facilities, such as pools and gyms, are shared over a much wider base of apartment owners.  

For more, click here

WA: Perth to eclipse Sydney on rental prices

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Median falling or really in stagnation in every other Australian state/territory except for rental prices in Perth.

Solid trend that could see Perth become the most expensive place in the country for renters. House rent prices rose 1% and unit rent prices shooting up by 13.3%

"It's interesting times ahead for Perth and not a great time for people who are renting"

For the nation..... weekly asking rents for houses fell by 0.5 per cent in the quarter, while unit rents managed to crawl up by 0.5 per cent, as renters in some states turned away from houses in favour of more affordable options.

Lags and a disproportionate number of first home buyers per capita could explain why prices have continued to rise across the Perth market despite recent increases in unemployment and a softening in resources development.

"Those job seekers are still looking for accommodation and the first port of call is the rental market and that has shown enormous growth over the past 12 months and we don't see that easing."

"Perth really has the highest amount per person of first home buyers and part of that is affordability driving because of high rent it remains cheaper to buy than rent in some places."

For more of the article and video, click here

More ideas

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Secret Garden

Simply Magnificent. Personal hot springs? Sounds good to me!

Resort like pool :) Peace and tranquility

Making use of the beautiful Australian landscapes and backyards

Treetop inspired house

It's unanimous: Sydney property on the rise

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As a new financial year dawns, independent experts now agree that Sydney's home values are growing.

Improved equity market conditions in 2013 had led to an increase in dwelling values in Sydney’s prestige suburbs. The strength of the Sydney market was due to a sustained period of underbuilding, which had led to low vacancy rates and strong rental growth since 2007. Large numbers of investors were flooding the market. Low interest rates were also helping.

‘‘Sydney’s most expensive suburbs have seen dwelling values rise by 4.8 per cent over the past six months compared with a 3.2 per cent rise in values at the most affordable end of the market and a 4.6 per cent gain across the broad middle-priced segment of the Sydney market.”

"The Sydney residential market now appears to be gaining some momentum after being weak for the best part of the last decade,"

"We are forecasting total price growth in Sydney over the three years to June 2016 to be 19 per cent, or a moderate 5.9 per cent per annum."


Some information/opinions about our states:

MELBOURNE: Less optimism going around because of an oversupply of apartments and weakness in the local economy.
"Median house price growth in Melbourne is forecast to be minimal, totalling 5 per cent over the 2013 to 2016 forecast period," "And accounting for inflation, prices are actually forecast to fall by 4 per cent in real terms."

BRISBANE: By the end of 2015-16, rising interest rates will begin to impact on prices, but only after a forecast total rise of 17 per cent in the median house price over the three years to 2016, representing an average rise of 5.2 per cent per annum,"

PERTH & DARWIN: About 15 per cent growth is forecast for the three years in Perth and 10 per cent in Darwin.

CANBERRA: Total rise of 3 per cent (a decline of 5 per cent in real terms)

HOBART: A rise of 4 per cent (a drop of 5 per cent in real terms)

ADEALAIDE: 6 per cent growth (or a 3 per cent decline in real terms).

Was purchasing or renting a property part of your New Years' Resolutions??

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Upgrades and eco-overhauls

Home improvements were also high on the agenda, with 27% planning a kitchen renovation and 28% a bathroom overhaul.

Sustainability measures figured in people's goals, with nearly 30% intending to get a quote for solar panels on their property, 37% looking at installing a water tank, and a huge 67% intending to grow their own vegetables and herbs.

Security and savings

Diversifying investments in on the cards for 7%, who say they are looking at investing in a commercial property.

 

Saving money remains central for Australians this year, with 76% saying they're committed to saving more, and 55% of respondents said they'd put extra money on their existing mortgages.

Housemates need not despair, as 86% of people who have one said they have no plans to move out on their own at this time.

Defying softening job statistics, 75% of those surveyed said they felt secure in their current job.

Confidence on the rise

Results show the realestate.com.au community are doubling down on their futures - saving for deposits, getting into the market in new or strategic ways, and paying off their mortgages.

Property is still an important priority for Australians, and there is a growing sense of confidence about the market.