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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Strata Schemes Management
Amendment Bill 2004
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Strata Schemes Management Act 1996
No 138 2
4 Amendment of other Act and Regulations 2
Schedule 1 Amendment of Strata Schemes Management Act 1996 3
Schedule 2 Amendment of Act and Regulations 26
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2004
New South Wales
Strata Schemes Management
Amendment Bill 2004
Act No , 2004
An Act to amend the Strata Schemes Management Act 1996 to make
miscellaneous amendments with respect to the functions of owners corporations,
special requirements for the management of large strata schemes and other
matters relating to the management of strata schemes; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Strata Schemes Management Amendment Bill 2004
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Strata Schemes Management Amendment Act 2004.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Strata Schemes Management Act 1996 No 138
The Strata Schemes Management Act 1996 is amended as set out in
Schedule 1.
4 Amendment of other Act and Regulations
Each Act and Regulation specified in Schedule 2 is amended as set
out in that Schedule.
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Strata Schemes Management Amendment Bill 2004
Amendment of Strata Schemes Management Act 1996 Schedule 1
Schedule 1 Amendment of Strata Schemes
Management Act 1996
(Section 3)
[1] Section 21 Executive committee's decisions to be decisions of
owners corporation
Insert ", subject to subsection (4)" after "owners corporation" in section
21 (1).
[2] Section 21 (4)
Insert after section 21 (3):
(4) Despite any other provision of this Act, in the event of a
disagreement between the owners corporation and the
executive committee, the decision of the owners corporation
prevails.
[3] Section 24 Who can exercise functions relating to the finances
and accounts of the owners corporation?
Omit section 24 (d). Insert instead:
(d) a member of CPA Australia, or a member of the
Institute of Chartered Accountants in Australia,
authorised by the owners corporation to exercise the
function, or
[4] Section 27 How is a strata managing agent appointed?
Insert after section 27 (2):
(3) The functions of a strata managing agent of a strata scheme
may be transferred to another person by the strata managing
agent, but only with the approval of the owners corporation
for the strata scheme. A person to whom those functions are
transferred is taken to be appointed as a strata managing agent
of the strata scheme concerned in accordance with this
section.
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Strata Schemes Management Amendment Bill 2004
Schedule 1 Amendment of Strata Schemes Management Act 1996
[5] Section 29A
Insert after section 29:
29A Functions that may only be delegated to member of executive
committee or strata managing agent
(1) The following functions of an owners corporation, executive
committee, chairperson, secretary or treasurer may not be
delegated to or conferred on any other person unless the
person is a member of the executive committee or a strata
managing agent:
(a) the preparation of estimates for the purposes of
section 75,
(b) the levying of contributions,
(c) the receiving of, acknowledging of, banking of or
accounting for money paid to the owners corporation,
(d) having custody of any money paid to the owners
corporation or making payments from any such money,
(e) the taking out of insurance required or permitted by this
Act,
(f) the conduct of meetings of the owners corporation and
handling of correspondence,
(g) the maintenance of records required to be kept under
this Act,
(h) such other functions as may be prescribed by the
regulations.
(2) This section is subject to sections 24 and 32.
Note. Section 24 enables some of these functions to be exercised by
certain other specified persons.
[6] Section 43 What can by-laws provide for?
Omit "This section" from section 43 (2).
Insert instead "Subsection (1)".
[7] Section 43 (4)
Insert after section 43 (3):
(4) A by-law has no force or effect to the extent that it is
inconsistent with this or any other Act or law.
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Strata Schemes Management Amendment Bill 2004
Amendment of Strata Schemes Management Act 1996 Schedule 1
[8] Section 45 How can an owners corporation enforce the by-laws?
Insert at the end of the section (but before the note):
(2) A notice cannot be issued under this section unless a
resolution approving the issue of the notice, or the issue of
notices for the type of contravention concerned, has first been
passed by the owners corporation or the executive committee
of the owners corporation.
(3) Subsection (2) does not apply to the issue of a notice under
this section by a strata managing agent if that function has
been delegated to the strata managing agent in accordance
with this Act.
[9] Section 51 Application of Division
Insert "(including, for example, a licence to use the whole or any specified
part of the common property in a particular manner or for particular
purposes)" after "common property" in section 51 (1) (b).
[10] Chapter 3, Part 2, heading and introductory note
Omit the heading and introductory note. Insert instead:
Part 2 Maintenance, repairs, alteration and use of
common property and fire safety
inspections
Introductory note. This Part sets out the duties of an owners
corporation to maintain and repair the property of a strata scheme and
to arrange access for fire safety inspections. Certain powers are given to
an owners corporation to recover money for work required to be carried
out and to enter property to carry out certain necessary work. The Part
also deals with certain powers of an owners corporation in relation to
alterations or additions to common property and the granting of licences
over common property.
[11] Sections 65A65C
Insert after section 65:
65A Owners corporation may make or authorise changes to
common property
(1) For the purpose of improving or enhancing the common
property, an owners corporation or an owner of a lot may take
any of the following action, but only if a special resolution has
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Strata Schemes Management Amendment Bill 2004
Schedule 1 Amendment of Strata Schemes Management Act 1996
first been passed at a general meeting of the owners
corporation that specifically authorises the taking of the
particular action proposed:
(a) add to the common property,
(b) alter the common property,
(c) erect a new structure on the common property.
(2) A special resolution that authorises action to be taken under
subsection (1) in relation to the common property by an owner
of a lot may specify whether the ongoing maintenance of the
common property once the action has been taken is the
responsibility of the owners corporation or the owner.
(3) If a special resolution under this section does not specify who
has the ongoing maintenance of the common property
concerned, the owners corporation has the responsibility for
the ongoing maintenance.
(4) A special resolution under this section that allows an owner of
a lot to take action in relation to certain common property and
provides that the ongoing maintenance of that common
property after the action is taken is the responsibility of the
owner has no effect unless:
(a) the owners corporation obtains the written consent of
the owner to the making of a by-law to provide for the
maintenance of the common property by the owner, and
(b) the owners corporation makes such a by-law.
(5) A by-law made for the purposes of this section:
(a) may require, for the maintenance of the common
property, the payment of money by the owner
concerned at specified times or as determined by the
owners corporation, and
(b) must not be amended or repealed unless a special
resolution has first been passed at a general meeting of
the owners corporation and the owners corporation has
obtained the written consent of the owner concerned.
(6) The provisions of sections 52 (3), 54 (2) and (3) and 55 apply
to a by-law made for the purposes of this section in the same
way as those provisions apply to a by-law to which Division 4
of Part 5 of Chapter 2 applies.
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Strata Schemes Management Amendment Bill 2004
Amendment of Strata Schemes Management Act 1996 Schedule 1
65B Owners corporation may grant licence to use common
property
(1) An owners corporation may grant a licence to an owner of a
lot to use common property in a particular manner or for
particular purposes if the owners corporation has approved
the granting of the licence by special resolution passed at a
general meeting of the owners corporation.
(2) A licence may be granted subject to terms and conditions.
Note. Division 4 of Part 5 of Chapter 2 enables owners corporations to
make by-laws granting exclusive use rights and special privileges
(including licences) in relation to common property.
65C What are the duties of an owners corporation in relation to fire
safety inspections
(1) A person authorised to carry out an inspection under the
Environmental Planning and Assessment Act 1979 of a
building or premises for purposes relating to fire safety may
give a notice in writing to an owners corporation for a strata
scheme requiring the owners corporation to ensure that access
is provided, within a period or at a time specified in the notice,
to the common property of the strata scheme and, if so
specified, some or all of the individual lots in the strata
scheme.
(2) An owners corporation must comply with a requirement of a
notice given to the owners corporation under this section.
Maximum penalty: 20 penalty units.
(3) It is a defence to a prosecution for an offence against
subsection (2) consisting of a failure to ensure that access is
provided to a lot in a strata scheme if the owners corporation
establishes that the owner or occupier of the lot refused to
allow the access or could not be contacted by the owners
corporation.
(4) For the purposes of the Environmental Planning and
Assessment Act 1979, access to a building or premises or part
of a building or premises given to a person in accordance with
this section, or in accordance with an order of an Adjudicator
made under section 145 for the purposes of this section, is
taken to be a permission given to that person by the occupier
of the building, premises or part to enter the premises and
carry out the inspection concerned.
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Strata Schemes Management Amendment Bill 2004
Schedule 1 Amendment of Strata Schemes Management Act 1996
[12] Section 72 Distribution of surplus money in administrative fund or
sinking fund
Omit "An order" from section 72 (4).
Insert instead "An application for an order".
[13] Section 75 Estimates to be prepared of contributions to
administrative and sinking funds
Insert after section 75 (3):
(4) In estimating amounts to be credited to the sinking fund, an
owners corporation that is required to prepare a plan under
section 75A is to take into account anticipated major
expenditure identified in the plan for the 10-year period to
which the plan relates.
(5) An owners corporation of a large strata scheme must include
in the estimates prepared under this section at an annual
general meeting specific amounts in relation to each item or
matter on which the owners corporation intends to expend
money, or on which the owners corporation is aware money
will be likely to be expended, in the period until the next
annual general meeting.
[14] Section 75A
Insert after section 75:
75A Owners corporation to prepare 10-year sinking fund plans
(1) This section applies to owners corporations established on or
after the commencement of this section.
(2) An owners corporation to which this section applies is to
prepare a plan of anticipated major expenditure to be met
from the sinking fund over the 10-year period commencing on
the first annual general meeting of the owners corporation.
(3) The initial plan is to be finalised by the end of the second
annual general meeting of the owners corporation.
(4) The plan is to be reviewed and (if necessary) adjusted no later
than at the fifth annual general meeting of the owners
corporation.
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Strata Schemes Management Amendment Bill 2004
Amendment of Strata Schemes Management Act 1996 Schedule 1
(5) An owners corporation to which this section applies is to
prepare a plan as referred to in subsection (2) for each 10-year
period following the period referred to in that subsection and
is to finalise and review the plan in accordance with the
requirements of subsections (3) and (4) at the corresponding
annual general meetings in the relevant 10-year period.
(6) An owners corporation may engage expert assistance in the
preparation of a plan under this section.
(7) The regulations may extend the operation of this section to all
owners corporations or to such classes of owners corporations
established before the commencement of this section as are
specified in the regulations.
(8) A regulation referred to in subsection (7) may make necessary
modifications to the application of any provision of this
section to an owners corporation established before the
commencement of this section.
[15] Chapter 3, Part 3, Division 3
Insert after section 80:
Division 3 Restrictions on spending
80A Limit on spending by executive committees of large strata
schemes
(1) If a specific amount has been determined as referred to in
section 75 (5) for expenditure on any item or matter, the
executive committee of the owners corporation concerned
must not, in the period until the annual general meeting next
occurring after the determination was made, spend on the item
or matter an amount greater than that determined amount for
expenditure on the item or matter plus 10 per cent.
(2) The owners corporation of a large strata scheme may by
resolution at a general meeting remove the limitation imposed
by subsection (1) generally or in relation to any particular
item or matter.
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Strata Schemes Management Amendment Bill 2004
Schedule 1 Amendment of Strata Schemes Management Act 1996
80B Quotations to be obtained for certain items of expenditure by
large strata schemes
An owners corporation of a large strata scheme must obtain at
least 2 quotations in relation to proposed expenditure in
respect of any one item or matter if the proposed expenditure
will exceed an amount prescribed by the regulations for the
purposes of this section.
80C Exceptions in relation to emergencies
Sections 80A (1) and 80B do not apply to expenditure
undertaken for emergency purposes, including, for example,
expenditure to remedy any of the following:
(a) burst or blocked water or sewerage pipes,
(b) serious damage caused by fire or by storm or any other
natural disaster,
(c) unexpected electrical or security system failure,
(d) glass breakages that affect the security of any building
in the strata scheme or could result in damage to the
inside of any such building.
80D Legal action to be approved by general meeting
(1) An owners corporation or executive committee of an owners
corporation must not seek legal advice or the provision of any
other legal services, or initiate legal action, for which any
payment may be required unless a resolution is passed at a
general meeting of the owners corporation approving the
seeking of the advice or services or the taking of that action.
(2) The regulations may make provision for or with respect to
exempting any type of legal service or legal action from the
operation of this section.
[16] Section 87 What other insurance must an owners corporation take
out?
Omit "must be taken out with an approved insurer and" from section
87 (2).
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Strata Schemes Management Amendment Bill 2004
Amendment of Strata Schemes Management Act 1996 Schedule 1
[17] Section 88A
Insert after section 88:
88A Insurance must be taken out with approved insurer
Any insurance that is taken out in accordance with this
Division must be taken out with an approved insurer.
[18] Section 104 Certain records to be retained for prescribed period
Omit "the period".
Insert instead "5 years or such other period as may be".
[19] Section 107
Omit the section. Insert instead:
107 Auditing of accounts and financial statements
(1) An owners corporation may determine that the accounts and
financial statements of the owners corporation are to be
audited.
(2) However, the owners corporation of a large strata scheme
must ensure that the accounts and financial statements of the
owners corporation are audited before presentation to the
annual general meeting.
(3) Any auditing of the accounts and financial statements of an
owners corporation under this section must be carried out in
accordance with the Australian Auditing Standards, unless
the strata scheme concerned comprises not more than 2 lots.
[20] Section 108 Inspection of records of owners corporation
Omit "in writing" from section 108 (1).
[21] Section 109 Certificate by owners corporation as to financial and
other matters relating to lot
Omit "in writing" from section 109 (1).
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Strata Schemes Management Amendment Bill 2004
Schedule 1 Amendment of Strata Schemes Management Act 1996
[22] Section 115A
Insert after section 115:
115A Owners corporation to give information on contributions
payable
An owners corporation of a strata scheme for a retirement
village (within the meaning of the Retirement Villages
Act 1999) must, if requested by the operator of the retirement
village, give a statement in writing specifying the amount of
current contributions levied on a particular lot in the strata
scheme.
[23] Section 123 What action can be taken if there is a dispute,
complaint or problem concerning a strata scheme?
Insert at the end of the section:
(2) The regulations may make provision for or with respect to
excluding a particular class or classes of strata schemes from
any or all of the provisions of this Chapter.
[24] Section 125 Registrar to be satisfied that mediation has been
attempted before accepting application
Omit section 125 (1) and (2). Insert instead:
(1) The Registrar must not accept an application for an order
under this Chapter unless:
(a) mediation under Part 2 or otherwise has been attempted
but was unsuccessful, or
(b) the Registrar considers that mediation is unnecessary or
inappropriate in the circumstances, or
(c) the application is for any of the following:
(i) an order under section 162 for the appointment of
a strata managing agent,
(ii) an interim order under section 170 or stay of the
operation of an order under section 180,
(iii) a variation or revocation of an order under section
171 (2), 190 or 191,
(iv) an order under section 182 (authorising certain
acts during initial period),
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Amendment of Strata Schemes Management Act 1996 Schedule 1
(v) an order for allocation of unit entitlements under
section 183,
(vi) an order under Part 6.
[25] Section 131 Agreements and arrangements arising from
mediation sessions
Insert after section 131 (2):
(2A) Without limiting subsection (1), an Adjudicator may make an
order under that subsection that gives effect to the terms of a
written agreement signed during a mediation session by
persons who were parties to the mediation.
(2B) A mediator may request the Registrar to refer a matter to an
Adjudicator for the making of an order under this section, but
only with the consent of the parties to the mediation.
[26] Section 138 General power of Adjudicator to make orders to settle
disputes or rectify complaints
Insert ", 65A or 65B" after "62 (3)" in section 138 (3) (c).
[27] Section 145 Order for entry to lot
Omit section 145 (1). Insert instead:
(1) An Adjudicator may make an order requiring the occupier of
a lot or part of a lot to allow access to the lot for any of the
following purposes:
(a) to enable the owners corporation to carry out any work
referred to in section 65 (1) or to determine whether
such work needs to be carried out,
(b) to enable an inspection referred to in section 65C to be
carried out.
[28] Section 162 Order appointing strata managing agent to exercise
certain functions
Omit section 162 (3). Insert instead:
(3) Order may be made without application in certain
circumstances
An Adjudicator may make an order under this section,
without an application having been made for the order, but
only if satisfied that the management structure of a strata
scheme the subject of an application under this Chapter is not
functioning or is not functioning satisfactorily.
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Schedule 1 Amendment of Strata Schemes Management Act 1996
(3A) Order may be made on application in certain
circumstances
An Adjudicator may make an order under this section, on
application, but only if satisfied that:
(a) the management structure of a strata scheme the subject
of an application under this Chapter is not functioning
or is not functioning satisfactorily, or
(b) an owners corporation has failed to comply with a
requirement imposed on the owners corporation by an
order made under this Act, or
(c) an owners corporation has failed to perform one or
more of its duties, or
(d) an owners corporation owes a judgment debt.
[29] Section 162 (4) (b)
Omit section 162 (4) (b) and (c). Insert instead:
(b) have given consent in writing to the appointment,
which consent, in the case of a strata managing agent
that is a corporation, may be given by the chief
executive officer of the corporation.
[30] Section 163 Dismissal of application on certain grounds
Omit section 163 (1).
[31] Section 163 (2)
Insert "for an order under this Part" after "application" where firstly
occurring.
[32] Section 171 Variation or revocation of order by Adjudicator
Insert ", whether or not on application," after "varying an order" in section
171 (2).
[33] Section 171 (3)
Insert after section 171 (2):
(3) An application under this section may be made by any of the
following persons:
(a) the owners corporation,
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Strata Schemes Management Amendment Bill 2004
Amendment of Strata Schemes Management Act 1996 Schedule 1
(b) the lessor of a leasehold strata scheme,
(c) the applicant for the original order,
(d) any person who made a written submission on the
application for the original order,
(e) any other person who is required by the original order
to do or refrain from doing a specified act.
[34] Section 183B
Insert after section 183A:
183B Orders for appointment of strata managing agent
(1) Order appointing strata managing agent to exercise
functions of owners corporation
The Tribunal may, on its own motion, make an order
appointing a person as a strata managing agent:
(a) to exercise all the functions of an owners corporation,
or
(b) to exercise specified functions of an owners
corporation, or
(c) to exercise all the functions other than specified
functions of an owners corporation.
(2) Order may confer other functions on strata managing
agent
The Tribunal may also order, when appointing a strata
managing agent under this section, that the strata managing
agent is to have and may exercise:
(a) all the functions of the chairperson, secretary, treasurer
or executive committee of the owners corporation, or
(b) specified functions of the chairperson, secretary,
treasurer or executive committee of the owners
corporation, or
(c) all the functions of the chairperson, secretary, treasurer
or executive committee of the owners corporation other
than specified functions.
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Schedule 1 Amendment of Strata Schemes Management Act 1996
(3) Circumstances in which order may be made
The Tribunal may make an order under this section only if
satisfied that the management structure of a strata scheme the
subject of an application under this Chapter or an appeal to the
Tribunal is not functioning or is not functioning satisfactorily.
(4) Qualifications of person appointed
A person appointed as a strata managing agent under this
section must:
(a) hold a strata managing agent's licence issued under the
Property, Stock and Business Agents Act 2002, and
(b) have consented in writing to the appointment, which
consent, in the case of a strata managing agent that is a
corporation, may be given by the chief executive officer
of the corporation.
(5) Terms and conditions of appointment
A strata managing agent may be appointed under this section
on such terms and conditions (including terms and conditions
relating to remuneration by the owners corporation and the
duration of appointment) as may be specified in the order
making the appointment.
(6) Revocation of certain appointments
An order under this section may be revoked or varied on the
application of any of the following persons and, unless sooner
revoked, ceases to have effect at the expiration of such period
after its making (not exceeding 12 months) as is specified in
the order:
(a) a person who obtained an order under this Act that
imposed a duty on the owners corporation or on its
executive committee, chairperson, secretary or
treasurer and that has not been complied with,
(b) a person having an estate or interest in a lot in the strata
scheme concerned or, in the case of a leasehold strata
scheme, in a lease of a lot in the scheme,
(c) the authority having the benefit of a positive covenant
that imposes a duty on the owners corporation,
(d) a judgment creditor to whom the owners corporation
owes a judgment debt.
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Amendment of Strata Schemes Management Act 1996 Schedule 1
[35] Section 185 Dismissal of application on certain grounds
Omit section 185 (1).
[36] Section 185 (2)
Insert "for an order under this Part" after "application" where firstly
occurring.
[37] Section 190 Tribunal may vary order to correct error, for
clarification or to extend time limit
Insert ", whether or not on application," after "vary an order".
[38] Section 190 (2)
Insert at the end of section 190:
(2) An application under this section may be made by any of the
following persons:
(a) the owners corporation,
(b) the lessor of a leasehold strata scheme,
(c) the applicant for the original order,
(d) any person who made a written submission on the
application for the original order,
(e) any other person who is required by the original order
to do or refrain from doing a specified act.
[39] Chapter 7, Part 1A
Insert after section 230:
Part 1A Legal costs
230A Disclosure of matters relating to legal costs
If a disclosure under Division 2 of Part 11 of the Legal
Profession Act 1987 is made to an owners corporation in
respect of the costs of legal services to be provided to the
owners corporation, the owners corporation must give a copy
of the disclosure to each owner and executive committee
member within 7 days of the disclosure being made.
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Schedule 1 Amendment of Strata Schemes Management Act 1996
[40] Section 246 Regulations
Insert after section 246 (2) (f):
(g) the procedure for meetings of the owners corporation of
a large strata scheme,
(h) the delegation of functions of the owners corporation of
a large strata scheme,
(i) the decisions or classes of decisions that may or may
not be made by the executive committee of a large strata
scheme,
(j) the functions of office holders of an owners corporation
of a large strata scheme,
(k) the management of the administrative fund or sinking
fund of the owners corporation of a large strata scheme,
(l) requiring information and other matters to be brought to
the attention of owners and executive committee
members in respect of the provision of legal services to
an owners corporation.
[41] Schedule 2 Meetings and procedure of owners corporation
Insert after clause 3 (b):
(b1) in the case of an owners corporation to which section
75A applies, to discuss the preparation of the plan
required by that section,
[42] Schedule 2, clause 3 (f1)
Insert after clause 3 (f):
(f1) to decide whether a caretaker should be appointed
under section 40A and, if a caretaker is to be appointed,
what functions the caretaker should exercise,
[43] Schedule 2, clause 4 (1) (a)
Insert "or lessor" after "owner".
[44] Schedule 2, clause 4 (1) (a1)
Insert after clause 4 (1) (a):
(a1) without limiting paragraph (a), all development
consents, complying development certificates and
related endorsed plans, "as built" drawings, compliance
certificates (within the meaning of the Environmental
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Amendment of Strata Schemes Management Act 1996 Schedule 1
Planning and Assessment Act 1979), fire safety
certificates and warranties obtained or received by the
owner or lessor and relating to the parcel or any
building, plant or equipment on the parcel,
[45] Schedule 2, clause 4 (1) (d)
Insert after clause 4 (1) (c):
(d) any other document or item relating to the parcel or any
building, plant or equipment on the parcel that is
prescribed by the regulations for the purposes of this
subclause.
[46] Schedule 2, clause 4 (1)
Omit "10 penalty units". Insert instead "100 penalty units".
[47] Schedule 2, clause 11 (3)
Omit the subclause. Insert instead:
(3) Proxy to be given to secretary of owners corporation
The instrument is ineffective unless it contains the date on
which it was made and it is given to the secretary of the
owners corporation:
(a) in the case of a large strata scheme--at least 24 hours
before the first meeting in relation to which the
instrument is to operate, or
(b) in any other case--at or before the first meeting in
relation to which the instrument is to operate.
[48] Schedule 2, clause 32 (2)
Insert "or relates to insurance, budgeting or the fixing of a levy that will
require expenditure above the prescribed amount referred to in the
definition of priority vote in clause 7 (1)" after "the owners corporation".
[49] Schedule 2, clause 34
Insert at the end of clause 34 (f):
, and
(g) include a form of motion to decide if any matter or type
of matter is to be determined only by the owners
corporation in general meeting.
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Schedule 1 Amendment of Strata Schemes Management Act 1996
[50] Schedule 2, clause 34A
Insert after clause 34:
34A Required items of agenda for annual general meeting
The agenda for each annual general meeting must include:
(a) an item to decide if any matter or type of matter is to be
determined only by the owners corporation in general
meeting, and
(b) in the case of an owners corporation to which
section 75A applies, an item to prepare or review a plan
relating to the sinking fund if required to be done at that
meeting.
[51] Schedule 2, Part 3
Insert after Part 2:
Part 3 General provisions
38 Regulations relating to large strata schemes
The provisions of this Schedule are subject to the regulations,
but only to the extent that the regulations relate to large strata
schemes.
[52] Schedule 3 Constitution of executive committee of the owners
corporation and meetings of executive committee
Insert after clause 4 (2):
(3) For the avoidance of doubt, a special resolution referred to in
subclause (1) (e) may relate to more than one member of an
executive committee or to all members of an executive
committee.
[53] Schedule 3, clause 6
Omit the clause. Insert instead:
6 Notice of executive committee meetings
(1) An executive committee of a large strata scheme must give
notice of its intention to hold a meeting at least 72 hours
before the time fixed for the meeting:
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Strata Schemes Management Amendment Bill 2004
Amendment of Strata Schemes Management Act 1996 Schedule 1
(a) by giving written notice (which may be done by
electronic means) to each owner and executive
committee member, and
(b) if the owners corporation is required by the by-laws to
maintain a notice board, by displaying the notice on the
notice board.
(2) An executive committee of a strata scheme that is not a large
strata scheme must give notice of its intention to hold a
meeting at least 72 hours before the time fixed for the
meeting:
(a) by displaying the notice on the notice board, or
(b) if the owners corporation is not required by the by-laws
to maintain a notice board, by giving written notice
(which may be done by electronic means) to each
owner and executive committee member.
(3) The notice must specify when and where the meeting is to be
held and contain a detailed agenda for the meeting.
(4) A notice may be given to a person by electronic means only if
the person has given the owners corporation an e-mail address
for the service of notices under this Act and the notice is sent
to that address.
[54] Schedule 3, clause 16
Omit the clause. Insert instead:
16 Display of minutes
(1) Within 7 days after a meeting of the executive committee of a
large strata scheme, the executive committee must:
(a) give each owner and executive committee member a
copy of the minutes of the meeting, and
(b) if the owners corporation is required by the by-laws to
maintain a notice board, cause a copy of the minutes of
the meeting to be displayed on the notice board.
(2) Within 7 days after the executive committee of a large strata
scheme passes a resolution in accordance with this Schedule,
the executive committee must:
(a) give each owner and executive committee member a
copy of the minute of the resolution, and
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Strata Schemes Management Amendment Bill 2004
Schedule 1 Amendment of Strata Schemes Management Act 1996
(b) if the owners corporation is required by the by-laws to
maintain a notice board, cause a copy of the minute of
the resolution to be displayed on the notice board.
(3) Within 7 days after a meeting of the executive committee of a
strata scheme that is not a large strata scheme, the executive
committee must:
(a) cause a copy of the minutes of the meeting to be
displayed on the notice board, or
(b) if the owners corporation is not required by the by-laws
to maintain a notice board, give each owner and
executive committee member a copy of the minutes of
the meeting.
(4) Within 7 days after the executive committee of a strata
scheme that is not a large strata scheme passes a resolution in
accordance with this Schedule, the executive committee
must:
(a) cause a copy of the minute of the resolution to be
displayed on the notice board, or
(b) if the owners corporation is not required by the by-laws
to maintain a notice board, give each owner and
executive committee member a copy of the minute of
the resolution.
(5) A copy of a minute or minutes required to be displayed on a
notice board under this clause must be kept displayed on the
notice board for a period of not less than 14 days.
[55] Schedule 3, Part 3
Insert after Part 2:
Part 3 General provisions
18 Regulations relating to large strata schemes
The provisions of this Schedule are subject to the regulations,
but only to the extent that the regulations relate to large strata
schemes.
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Strata Schemes Management Amendment Bill 2004
Amendment of Strata Schemes Management Act 1996 Schedule 1
[56] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Strata Schemes Management Amendment Act 2004
[57] Schedule 4, Part 5
Insert after clause 13:
Part 5 Provisions consequent on enactment of
Strata Schemes Management
Amendment Act 2004
14 Definitions
In this Part:
amending Act means the Strata Schemes Management
Amendment Act 2004.
15 Exercise of functions
Section 29A does not affect the exercise of a function under
this Act before the commencement of that section.
16 Legal action
Section 80D applies only to legal advice or legal services
sought, or legal action entered into, after the commencement
of that section.
17 Insurance
Section 88A does not affect any insurance that was taken out
in accordance with the provisions of this Act as in force
before the commencement of that section.
18 Disclosures under Legal Profession Act 1987
Section 230A does not apply to a disclosure under Division 2
of Part 11 of the Legal Profession Act 1987 made before the
commencement of that section.
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Strata Schemes Management Amendment Bill 2004
Schedule 1 Amendment of Strata Schemes Management Act 1996
19 Notice of annual general meeting
Clause 34 (g) of Schedule 2 does not apply to a notice served
before the commencement of that paragraph.
20 Agenda for annual general meeting
Clause 34A of Schedule 2 does not apply to the agenda of a
meeting notice of which was served before the
commencement of that clause.
21 Notice of executive committee meetings
Clause 6 of Schedule 3, as in force immediately before its
substitution by the amending Act, continues to apply to a
meeting notice of which was given before the substitution of
that clause.
22 Minutes of executive committee meetings
Clause 16 of Schedule 3, as in force immediately before its
substitution by the amending Act, continues to apply to a
meeting held before the substitution of that clause.
[58] Dictionary
Insert in alphabetical order in Part 1:
large strata scheme has the meaning given by clause 5 of
Part 2.
utility lot means a lot designed to be used primarily for
storage or accommodation of boats, motor vehicles or goods
and not for human occupation as a residence, office, shop or
the like.
[59] Dictionary, Part 2
Insert after clause 4:
5 Meaning of "large strata scheme"
(1) In this Act, large strata scheme means a strata scheme
comprising more than 100 lots or more than such other
number of lots as may be prescribed by the regulations for the
purposes of this subclause.
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Strata Schemes Management Amendment Bill 2004
Amendment of Strata Schemes Management Act 1996 Schedule 1
(2) When calculating the number of lots in a strata scheme for the
purposes of this clause, utility lots and lots used for the
purposes of parking are not to be included in the calculation.
(3) The regulations may contain provisions of a savings or
transitional nature consequent on a change in the number of
lots comprising a large strata scheme.
6 References to strata managing agent's licence
A reference in this Act (however expressed) to a strata
managing agent's licence under the Property, Stock and
Business Agent's Act 2002 includes a reference to a
corporation licence under that Act that authorises the holder
to act as, or carry on the business of, a strata managing agent.
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Strata Schemes Management Amendment Bill 2004
Schedule 2 Amendment of Act and Regulations
Schedule 2 Amendment of Act and Regulations
(Section 4)
2.1 Conveyancing (Sale of Land) Regulation 2000
[1] Schedule 1 Prescribed documents
Insert at the end of clause 5 (b):
, and
(c) a copy of any by-law for the strata scheme to which
Division 4 of Part 5 of Chapter 2 of the Strata Schemes
Management Act 1996 applies.
[2] Schedule 1, clause 6
Insert at the end of clause 6 (d):
, and
(e) a copy of any by-law for the strata scheme to which
Division 4 of Part 5 of Chapter 2 of the Strata Schemes
Management Act 1996 applies.
2.2 Retirement Villages Act 1999 No 81
Section 19 General information about retirement villages
Insert "and, in the case of a retirement village that is subject to a strata
scheme, living in a strata scheme" after "industry" in section 19 (1).
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Strata Schemes Management Amendment Bill 2004
Amendment of Act and Regulations Schedule 2
2.3 Retirement Villages Regulation 2000
Schedule 1 Disclosure statement
Insert after item 14:
14A STRATA CONTRIBUTIONS PAYABLE (Where applicable)
The amount of contributions levied under the Strata Schemes
Management Act 1996 for the current year in respect of the lot
(within the meaning of the Strata Schemes Management
Act 1996) are:
Note. The amount of contributions to be levied is reviewed at least once
each year.
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