Adrian Mueller Explains the New Strata & Community Law Reforms?

Adrian Mueller talks ‘phase 1’ of the strata law reforms, and the amendments to the Strata Schemes Management Act 2015 (NSW) below, including:

1. Transitional Period
2. Strata Renewal Process
3. Pets and Assistance Animals
4. Committees
5. Annual General Meetings
6. Financial Management
7. Notices and Record Keeping
8. Lot 2 Schemes: Consolidation of By-laws & Complying with the Act, Managing Agents and Commissions

DO YOUR BY-LAWS NEED UPDATING IN LINE WITH THE NEW LAWS?

Contact Us

For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist.

As you’re aware, recent changes to strata laws mean that all NSW strata schemes must, for the first time, complete online reporting.

The new strata portal will go live 1 July 2022 allowing strata committee members and strata managers responsible for reporting to register on the portal.

Communication Toolkit

This means that your networks will need to be advised of the reporting requirements. To assist with these communications NSW Fair Trading has developed a ‘Communication Toolkit’.

This ‘Communication Toolkit’ includes suggested wording for:

• Newsletters
• Websites
• Emails
• Social Media
• FAQs

To access the ‘Communication Toolkit’ please click here.

CLICK HERE FOR THE ‘COMMUNICATION TOOLKIT’

Further Information

• Visit: NSW Fair Trading Website
• Email: NSW Fair Trading
• Read Article: JS Mueller & Co Lawyers
• View: Strata Schemes Management Act 2015

Contact Us

For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist.

Earlier this year Warwick van Ede, specialist strata lawyer and member of the Property Law Committee of the Law Society of NSW invited you to participate in the process of review of the current strata legislation in NSW as part of the statutory review process.

Over 2,300 online survey responses were received and over 200 submissions filed through the NSW Government’s website in relation to the statutory review.

The report on the outcome of the statutory review was finally tabled in the NSW Parliament on Monday 29 November 2021.  In total 37 recommendations were made in relation to proposed amendments to the Strata Schemes Development Act 2015, and 102 recommendations were made in relation to the Strata Schemes Management Act 2015.

The key recommendations of the Strata Schemes Development Act and Strata Schemes Management Act can be found here  2021 Strata Review Tabled in NSW Parliament – Key findings

For all NSW strata legal advice including by-laws, building defects and levy collections contact us here or call 02 9562 1266, we’re happy to assist.

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.

For NSW strata legal, building defects and levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.