With NSW strata law reforms introducing mandatory committee training from 1 October 2026, owners corporations across the state face an immediate compliance challenge.

While NSW Fair Trading’s new 1 hour online course is designed to upskill committee members, the legislation includes a strict statutory trap: any committee member who fails to complete the module within 3 months of appointment automatically vacates their position.

Our main concern for clients isn’t just an empty committee position – it is the legal fallout when an untrained member unknowingly continues to vote.

The Hidden Exposure: Decisions Made in Good Faith Can Still Fail

Imagine your scheme holds a committee meeting to approve a major building remediation contract or issue a notice to comply with a by-law. If one of the voting committee members missed their 90 day training cutoff, they legally ceased to be a committee member before that meeting took place.

This creates immediate legal vulnerabilities:

• Quorum Breaches: If that individual’s presence was required to make up a voting quorum, the entire meeting was unlawfully constituted.
• Overturned Resolutions at NCAT: Dissenting lot owners gain immediate grounds to apply to the Civil and Administrative Tribunal (NCAT) to set aside decisions, contracts, or by-law enforcement actions.
• Governance Gridlock: If multiple members miss the deadline simultaneously, the committee can fall below its statutory minimum size, stripping the scheme of its power to act until a costly EGM is called to elect replacements.

Practical Safeguards for Strata Managers and Committees

Rather than waiting for a challenge at NCAT, committees should protect their decision-making framework now:

• Track Compliance Timelines: Log the exact appointment dates and 90 day deadlines for every committee member upon election.
• Review Quorum Thresholds: Verify that meeting minutes only count compliant members toward meeting quorums and votes.
• Handle Casual Vacancies Correctly: If a position on the committee is automatically vacated by law, ensure replacement steps strictly adhere to statutory procedures before further votes are taken.