Strata Legislation

The Strata Schemes Management Act

This Act sets out the rights and responsibilities of the Owners Corporation, and of the individual owners and occupiers within the Strata Scheme.

This includes the procedures for meetings by the Owners Corporation, such as record-keeping, the appointment and role of the Executive Committee, financial management (including the sinking fund), key management areas (like maintenance and repairs), insurance requirements, and a disputes resolution process. If there is a Strata Managing Agent, their role is also clearly set out in this Act.

Details about ‘by-laws’ are also included, which are the Owners Corporation’s regulations regarding the behaviour of owners and occupiers, and the way common property may be used. By-laws may be amended or added with the approval of the Owners Corporation.

By-laws can be made in relation to:

safety and security measures

parking

pets

garbage disposal

behaviour

architectural and landscaping guidelines

floor coverings

details about restrictions on the use of common property

The Strata Schemes (Freehold Development) Act

This Act sets out the law in relation to the system of ownership within a Strata Scheme. Strata title gives an individual exclusive ownership of part of a building (ie. their ‘lot’), as well as some rights over the ‘common property’ parts of the building.

The Act includes details about how lots may be subdivided and strata plans registered, and the way common property may be leased, transferred, or acquired.

Strata Law – Mediation requirements in NSW

14/11/2018

In New South Wales the Strata Schemes Management Act 2015 (SSMA 2015) sets out the framework for resolving strata disputes. It provides that parties to disputes can lodge applications to the NSW Civil and Administrative Tribunal (NCAT) to resolve those disputes.
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Strata Law – Orders for Access to a Lot to carry out work

16/10/2018

Under the strata schemes legislation in New South Wales, the Owners Corporation can apply to the New South Wales Civil and Administrative Tribunal for Orders that a lot owner provides access so the Owners Corporation can carry out work.
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Strata – Owners Corporation obligation to implement 10 year Capital Works Fund Plan

01/08/2018

The Strata Schemes Management Act 2015 (SSM Act 2015) has introduced a requirement that the Owners Corporation prepare and implement a plan of anticipated major expenses to be met from the Capital Works Fund for a period of 10 years.
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New Strata laws collective sale or redevelopment of strata schemes – Owners options

08/01/2018

From December 2016 there has been a change to the strata laws since the introduction of the Strata Schemes Development Act 2015 (SSD Act). This Act refers to the obligations and processes that apply in relation to strata renewal process, by way of collective sale or redevelopment of the strata.
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Strata Law – new options for owners regarding pets

09/06/2017

The model rules on keeping of pets provide as a first option that it is possible for owners or occupiers of lots to keep animals so long as those owners or occupiers give written notice of their intention and they make sure the animal stays within the lot, is supervised on common property and the owner cleans up common property areas if required.
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Strata Law-new options for owners regarding smoking

06/06/2017

In late 2016, the NSW government introduced new laws regarding smoking. The laws allow a strata scheme to adopt new “model rules” covering these topics.
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In NSW two important pieces of legislation set out the regulations for strata schemes. Watson and Watson strata lawyers have years of experience interpreting and applying this legislation.

The Strata Schemes Management Act

The Strata Schemes (Freehold Development) Act