Government moves to help strata industry with further COVID-19 strata laws.
On 14 May 2020, new laws made by the NSW Parliament as a result of the COVID-19 pandemic commenced. Those laws amended the Strata Schemes Management Act 2015 and the Community Land Management Act 1989 to enable new regulations to be created to deal with the impact of the COVID-19 Pandemic on the strata industry.
Electronic Voting and Meeting Notices
This means there will be power for new regulations to be released that will, for example, allow:
- Notices of meetings of a strata committee, owners corporation or community association to be served electronically even where there is presently no right to do so;
- Votes to be cast at meetings of a strata committee, owners corporation or community association electronically even if electronic voting has not been approved;
- The seal of an owners corporation or community association to be affixed to documents, and the witnessing of the affixing of the seal to be conducted, remotely;
- An extension of a time period in which a thing is required to be done under strata or community title laws.
The new regulations will be able to override a provision in the Strata Schemes Management Act or Community Land Management Act. The new regulations have not yet been released. It is expected that the regulations, once released, will remain in force for up to six months.
Electronic Signed and Sealed Documents
The regulations will provide a welcome relief to many strata managers, owners corporations and community associations. Importantly, the regulations should allow meetings to be convened and held by electronic means and allow documents to be signed and sealed remotely.
The new regulations will enable strata committees, owners corporations and community associations to make legally enforceable decisions and continue to manage their affairs during the COVID-19 pandemic.
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