For the first time, all strata schemes across NSW are now required to report key information each year using the new Strata Hub portal.

To help strata schemes navigate this change, the NSW Department of Customer Service is hosting a special strata sector event.

Strata Scheme Reporting Lunchtime Online Q&A Event

The lunch hour event features a Q&A panel discussion on what the new reporting requirements will mean for NSW strata communities. Expert panellists will answer your questions and share insights about the new strata scheme reporting.

When: Wednesday 20 July 2022 from 12 noon – 1pm.

The panel includes:

• John Minns – NSW Property Services Commissioner
• David Chandler OAM – NSW Building Commissioner
• Kerrie Burgess – Director, Digital & Program Delivery, Department of Customer Service
• Karen Stiles – Executive Officer, the Owners Corporation Network
• Stephen Brell – President, the Strata Community Association (NSW)

If you’d like to submit any questions to the panel in advance, please email: stratasystem@customerservice.nsw.gov.au

TO ATTEND REGISTER ONLINE BY 15 JULY 2022

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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.

Strata NSW Covid-19 Laws Extended

To help strata and community associations to continue to manage their responsibilities of COVID-19 the NSW Government has extended the timeline for these laws to remain in place.

Laws were previously added to the Strata Schemes Management Regulation 2016 and the Community Land Management Regulation 2021 in response to the NSW COVID-19 outbreak.

These laws included allowing voting at remote meetings to be held electronically by tele or video conferencing, email or other electronic means. It is important to note that these laws will still apply even if a motion has not been passed.

New COVID-19 Strata Law Deadlines

Initially these temporary laws were to end on 31 May 2022 however they will now remain in place until 30 September 2022.

For further information visit: Strata Schemes Management Amendment (COVID-19) Regulation 2022 and the Community Land Management Amendment (COVID-19) Regulation 2022.

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.

Commencing 30 June 2022, the NSW Government will launch phase 2 of the ‘Strata Hub’, revolutionising strata management which means new reporting requirements for all strata schemes.

The ‘Strata Hub’ phase 1 initially went live on 31 July 2021 launching the Strata Building Bond and Inspections Scheme (IBBIS) functions to be dealt with through the ‘Strata Hub’.

What is ‘Strata Hub’ phase 2?

• ‘Strata Hub’ is a central point of information for all NSW’s strata schemes
• Information held on the ‘Strata Hub’ will increase transparency and access to information for Strata Schemes
• Purchasers will be able to obtain information about Strata Schemes for the purpose of potential purchases
• Current owners will be able to obtain documents/information such as fire inspection and environmental building reports
• Regulators will be able to monitor a scheme’s maintenance and building defects
• People working in strata related industries will now have easier access to much needed information

When does ‘Strata Hub’ phase 2 commence?

• ‘Strata Hub’ commences 30 June 2022
• Your Strata Schemes must be registered on the portal by 30 September 2022

What are the new reporting requirements for strata schemes?

• Within 3 months of an AGM, strata schemes will be required to lodge a return with the Office of Fair Trading (OFT), providing key details about the scheme
• Payable to the OFT annually, a fee of $3 per lot is required to cover administration costs
• For any updates/corrections to existing information you are obliged to update that information within 28 days from the date the secretary or managing agent became aware of the change
• If you do not comply fines of up to $2,200 can be imposed

The information stored on ‘Strata Hub’ will be divided into 2 categories:

• Publicly available information
• Other information available to limited groups

Would you like further information and assistance?

• Strata Schemes Management Amendment (Information) Regulation 2021 (the Information Regulation) on the NSW Legislation website
• A full list of the information required for the report to lodge with the OFT, and recommendations for where it can be sourced, is available here
• For any further assistance you may also contact specialist strata lawyers, JS Mueller & Co Lawyers here

‘Strata Hub’ is intended to be a central access point for residential strata buildings that will make it easier for buyers, owners, regulators, and those working in strata related industries to get the required information they need.

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.

Important Changes to CLMA 2021

The commencement of the Community Land Management Act 2021 (CLMA 2021) on 1 December 2021 has introduced a number of important changes to the laws regulating by-laws in Community Management Statements and Neighbourhood Management Statements.

Are Your By-laws up to Date?

As a result of these changes a number of by-laws contained in Management Statements are no longer valid or enforceable and many by-laws in Management Statements are now redundant.

This means there is a need for community associations and neighbourhood associations to review their Management Statements to ensure compliance with the CLMA 2021.

By-law Reviews – What Lessons Have Been Learned?

In the article below, we share some of the lessons that have been learned from those by-law reviews following the commencement of CLMA 2021. We look at:

• Harsh By-laws
• Pet By-laws
• Leasing
• By-laws Regarding Association Committees and Insurance
• Old Terminology
• Changes to Part 1 By-laws

Read article hear – CLMA 2021 Lessons Learned

Are You Compliant – Need a Review?

Our specialist strata lawyers have reviewed dozens of Management Statements for community and neighbourhood schemes. Need a review – click here now

ARE YOU COMPLIANT? – CLICK NOW FOR A REVIEW!

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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.

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Did you know that a new Bill Is currently before the NSW Parliament to permanently implement COVID-19 measures for the strata industry?

In the last 24 months, temporary reforms were made to the Strata Schemes Management Act 2015 and the Community Land Management Act 2021 in response to the COVID-19 pandemic.

The COVID-19 and Other Legislation Amendment (Regulatory Reforms) Bill 2022 proposes to make those reforms permanent.

The reforms include:

The New Reforms

The reforms include allowing:

• • strata owners corporations, strata committees and community associations, to meet and vote electronically without passing a resolution to do so;
  • owners corporations and community associations to validly execute documents by affixing the common seal electronically or by not affixing the seal at all; and
  • service of a document on an owner or occupier of a lot to be by email to an address nominated by the owner or occupier for the service of documents.

More Information 

Source: Explanatory note for the COVID-19 and Other Legislation Amendment (Regulatory Reforms) Bill 2022, accessed 17 February 2022.

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.

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On Friday 17 December 2021, the Strata Schemes Management Amendment (Information) Regulation 2021 (the Information Regulation) was published establishing a new annual reporting requirement for strata schemes in NSW.

What does the new annual reporting requirement change mean for NSW strata?

Commencing  June 2022, all NSW owners corporations will be required to:

• Provide key details about their scheme, including building, safety and management information
• Help cover the cost of administration and enforcement of the scheme by payment of a lodgement fee of $3 per lot with their annual report
• Submit their first report within 3 months from 30 June 2022 to 30 September 2022
• Upload their report online through the Strata Hub

Further information can be found here:

• Strata Schemes Management Amendment (Information) Regulation 2021 (the Information Regulation) on the NSW Legislation website
• A full list of the information required for the report, and recommendations for where it can be sourced, is available here
• Guidance on the requirements set out in the Information Regulation and on how to submit the report will be provided to strata schemes in early 2022
• For any further assistance you may also contact JS Mueller & Co Lawyers here

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.

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.

Commencing 1 December 2021, changes to the Community Land Development Act 2021 and Community Land Management Act 2021 will commence.

The new legislation will modernise and simplify the development process of community schemes within NSW, aligning the community schemes legislation with the Strata Schemes Management Act 2015 and Strata Schemes Development Act 2015.

What is the Aim of the New Community Title Legislation?

1. To create consistency between community lands and strata schemes laws in NSW
2. Provide modern, flexible, and democratic governance arrangements
3. Improve maintenance of shared property and financial management
4. Support a simpler and more flexible development process

What are the Key Changes to Community Title Legislation?

• To provide more flexibility for schemes with some requirements for unanimous resolutions to now be special resolutions
• Make it easier for schemes to deal with association property and add land to a scheme
• Introduction of a new process for development contracts bringing the process in line with strata schemes
• The simplification of tiered schemes
• Allowing schemes to apply to NSW LRS for a termination of a community scheme instead of going to court
• Allowing an association to also create statutory easements
• The introduction of a new process for amalgamations

For further information visit www.nswlrs.com.au.

How will this Affect Your Strata and Community Schemes?                              

• Your existing by-laws will need to be consistent with the new aligned community and strata schemes legislation otherwise they may not be enforceable
• You may also need to consider whether your community and neighbourhood management statements are in line with the new laws
• It is therefore important that you review any by-laws and management statements to ensure they are in line with these new laws
• This fact sheet includes detailed information about the different types of orders and how community schemes disputes are managed at NCAT – Community_Schemes_Fact_Sheet

Do you need help reviewing your by-laws and management statements to ensure they are in line with the new legislation? Contact us now, help is here.

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.