Important Notice: Strata Legislation Amendment Bill 2023

The New South Wales Parliament introduced significant changes to New South Wales strata legislation with the passing of the Strata Legislation Amendment Bill 2023 NSW. This bill, enacted on December 11, 2023, introduces numerous reforms to enhance fairness, promote good governance, and improve liveability within strata and community land schemes.

Key Amendments:

1. Strata Renewal Process:

• Conflict of interest: Clearer disclosure requirements ensure transparency and prevent self-serving decisions during renewal.
• Costs: Courts can now award costs against unreasonably dissenting owners, facilitating fairer outcomes.
• Flexibility: Streamlined processes for collective sale/redevelopment offer more options for owners.

2. Pets and Assistance Animals:

• Unreasonable bans prohibited: Pets are no longer automatically excluded from community land schemes.
• Fees and bonds banned: Unfair financial barriers to pet ownership are removed.
• Assistance animal verification simplified: Prescribed proof requirements minimize burdens on owners.

3. Committee Accountability and Governance:

• Stricter controls: Measures like lower removal thresholds and re-service restrictions hold committees accountable.
• Increased cap: Associations can now have up to 15 committee members for better representation.

4. Improved Meeting Governance:

• Extended notice periods: More time is allowed for preparation and participation in AGMs.
• Curbs on proxy farming: Limits on proxy holding prevent manipulation of voting outcomes.

5. Enhanced Overall Governance:

• Fund management: Clarified rules for transferring funds between accounts ensure responsible financial practices.
• Urgent repairs: Faster levy collection allows for prompt action when needed.
• Mandatory quotes: Increased transparency in expenditure decisions for larger projects.

6. Stronger Record Keeping:

• Electronic records: Improved accessibility and security of vital information.
• Mandatory notifications: Landlords’ agents must inform owners corporation/association of tenancies.
• By-law access: Tenants receive by-law copies for better awareness of their rights and responsibilities.

7. Two-Lot Scheme Clarifications:

• Streamlined by-law compliance: Owners can directly issue notices, fostering self-regulation.
• Voting power adjustments: Ensures fair power distribution and prevents single owner control.

8. Enhanced Governance and Accountability:

• Commissioner powers: New ability to seek mandatory managing agent appointments strengthens oversight.
• Managing agent obligations: Notification of contract expiry ensures timely renewal decisions.

9. Community Land Scheme Harmonization:

• Manager appointments: Consistent with strata schemes, manager contracts end at the first AGM.

What this means for you:

These changes offer numerous benefits for both residents and executive committees in strata and community land schemes. Residents can expect fairer governance, greater pet-friendliness, and improved communication. Committees gain additional tools for managing finances, handling disputes, and fostering positive relationships within the scheme.

We encourage you to review the full details of the Strata Legislation Amendment Bill 2023 NSW, available on the NSW Parliament website. We are happy to discuss the specific impacts of these changes on your individual scheme and answer any questions you may have.