New Strata Laws on the way. What to expect and how will it impact you?

In our last blog we touched on the appointment of a Strata Commissioner and what we knew about proposed new strata laws.


Since then, Minister for Fair Trading Anoulack Chanthivong, has introduced the Bill. If you like to read the detail, you can access it via the NSW Parliament website here.


In the meantime, below is our summary of the more significant amendments, excluding those related to the strata renewal process, you can find those details in our previous blog.





Strata Committee


1.     Members can be removed from the committee by special resolution at a general meeting.


2.     An election for a committee takes place at an AGM only.



3.     No requirement to call for nominations in AGM papers.


4.     The committee can determine that a member with a conflict of interest may still be present for voting and discussions on said topic.




1.     Removal of a committee member requires an ordinary resolution only. Once removed that person is not eligible for election for 12 months.


2.     An election for a committee may take place at any general meeting where it is called for.



3.     Call for nominations to the committee to be included in AGM notice.


4.     A member with a conflict of interest must be excused from voting and discussion on that matter.



General Meeting notice


7 clear days


14 clear days



Delivery of development documents



48 hours before First AGM


14 days before first AGM


Strata Managers


Must provide notice to the OC 3 months prior to expiration of agency agreement.


Must provide notice to the OC 6 months prior to expiration of agency agreement.



Transferring funds


Money transferred from one fund to the other to be ‘paid back’ within 3 months.



Within 3 months of the transfer, the OC must decide whether some or all of the funds are to reimbursed and raise a levy.





All levies require 30 days’ notice before becoming due and payable.


Levies raised for urgent repairs can be due and payable with 14 days’ notice.



Quotations for works exceeding $30,000



Only required by large schemes


Will be required for all schemes




1.     An OC can charge a pet bond or fee.


2.     No current legislation on assistance animals


1.     The OC cannot charge a pet bond or fee.


2.     Makes it clear a by-law cannot impose unreasonable burdens on people with assistance animals and specifies the evidence the OC may require to support an animal being classified as assistance pet.




Books and records


May be kept in paper or electronic form


Must be kept electronically




Compulsory Appointment of a Strata Managing Agent


Compulsory agent can be appointed by NCAT on application from an owner or creditor


Fair Trading can be a recommendation to NCAT that a compulsory agent be appointed.



Company Nominee


No restrictions on the number of company nominee or power of attorney votes one person holds



Number of votes to be limited in a similar way proxy votes are limited.




Notice of a tenancy can only come from an agent or owner


A tenant may provide notice of their own tenancy.


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