Last month Legalese brought you information regarding new regulations to be enforced under the forthcoming Strata Schemes Development Act 2015 andStrata Schemes Management Act 2015 (‘the Acts’). From July 1 the Acts, which hold over 90 changes, will commence.

Changes include:

  • Amendments enabling the use of modern forms of communication by accommodating post, electronic and secret ballot voting, with papers distributed by email. Meeting attendance will be effective through social media, video and teleconference. Owners corporations will be able to determine when their AGMs are held;
  • Amendments aimed at lifting the standards and accountability of strata managing agents and building managers, including disclosure of any conflicts of interest. There will be time limits on strata managing agent agreements.
  • Amendments requiring developers to set realistic levies during the period between when the strata plan is registered and when the developer has sold one third of the unit entitlements in the scheme;
  • Amendments expanding the power of the NSW Civil and Administrative Tribunal (‘NCAT’) to exclusively deal with most strata disputes, including orders to recover outstanding levies. Under the amendments, this power will be expanded to allow NCAT to deal with dysfunctional owners corporations. Currently, its power is limited to appointing another strata managing agent to replace one who is not performing. The NCAT will now have the ability to remove members of the executive committee and the strata managing agent, and force elections of office holders. The NCAT will also be able to limit the matters that committees can make decisions about, and require votes on certain matters; and
  • Where the majority of units in a scheme are tenanted, tenants will be able to take part in owners corporation meetings and have an elected representative on the strata committee.Last month Legalese brought you information regarding new regulations to be enforced under the forthcoming Strata Schemes Development Act 2015 and Strata Schemes Management Act 2015 (‘the Acts’). From July 1 the Acts, which hold over 90 changes, will commence.