QUIZ: A law unto ourselves

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A law unto ourselves

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Australian apartment blocks have more than their fair share of "bush lawyers" but do you know the law in your and other states? Click on your answer and then on the blue arrows to move to the next question.

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Question 1

When a Sydney man “keyed” the car of a woman who blocked him in for parking in her space he was…

A	Awarded damages because you aren’t allowed to detain or immobilise a vehicle?
B	Convicted, fined $2000 and ordered to pay $3000 repair costs.
C	Let off because a conviction would harm his chances of moving to the states with his American wife?

Question 1 Explanation:

The culprit was seen on security video scratching the car then coming back and doing it gain. The judge came down hard.

Question 2

Proposed law changes in NSW mean that rather than a unanimous vote, 75 percent of owners will be able to sell their building to developers, regardless of the wishes of the other 25 percent. What are the proposed strata termination laws in WA:

A	95 per cent for buildings more than 15 but less than 20 years old
B	90 per cent for buildings more than 20 but less than 30 years old
C	80 per cent for buildings more than 30 years old
D	All of the above
E	None of the above

Question 2 Explanation:

Like most states, WA is looking to remove the unanimous vote required for extinguishment of strata title so that buildings past their use-by dates can be redeveloped. Their graded plan still stops short of NSW's proposed 75 percent.

Question 3

Until relatively recently, strata schemes in Queensland were overseen by the government ministry responsible for …

A	Tourism
B	Horse racing
C	Wine promotion
D	All of the above
E	None of the above

Question 3 Explanation:

Apartment blocks in Queensland, unlike in Sydney and Melbourne, were initially built for the tourism industry, hence the weird and less than wonderful history of managing bodies.

Question 4

What is the official title of Victor Dominello, NSW Minister in charge of strata?

A	Minister for Fair Trading
B	Minister for Innovation and Better Regulation
C	Minister for Urban Renewal and Affordable Housing
D	Minister for Strata Scheme Management

Question 4 Explanation:

He is in charge of Fair Trading but it's not in his official title. However, given his push to reform strata laws, perhaps his actual title is closer to the truth.

Question 5

When the Victorian Civil Administration Tribunal struck down a rule (by-law) banning short-term rentals it was because …

A	Airbnb is too cool for rules
B	Owners corporations have no jurisdiction in Docklands
C	They thought the Watergate building was a scandal about water rights, like Iran-gate or Bronwyn-Gate.
D	The owners corporations was acting like a planning authority

Question 5 Explanation:

Tempting as answer 3 is, the USA's Watergate scandal in the 70s was the first "gate". VCAT over-ruled the rule because the planning authority had zoned Docklands as mixed-use, meaning rules banning short-term lets would be superseding planning permissions.

Question 6

In a Company Title building, the “board” or committee can …

A	Ban pets?
B	Ban even long-term rentals?
C	Choose who gets to buy into the block?
D	Ban children?
E	All of the above?

Question 6 Explanation:

In a company title building you buy shares in the company that allows you to live in a certain apartment. You don't own the apartment and you do have to abide by the rules of the building. A ban on children may be dubious, legally, but depending on the "articles", the company board can choose who lives in the building and if they don't want kids, guess what happens ...

Question 7

In Queensland, developers are not allowed to sell contracts before the Body Corporate is formed, except in one crucial area …

A	Cleaning and maintenance
B	Facilities and rental management
C	Strata management
D	Broadband installation

Question 7 Explanation:

Like most states, Queensland law forbids developers from selling contracts that the eventual apartment owners have to service ... except for the one that says who runs your building and rental roll and how much they charge for it. Developers get a nice kick-back and then the manager charges the owners extra, on top of their fees, for the privilege of not being able to choose who runs their buildings. Does it stink, just a bit? Well, it has a definite whiff of white shoe about it.

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