New South Wales Bills Explanatory Notes New South Wales Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
1996
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
This Bill is cognate with the Strata Schemes Management Bill 1996.
In particular, the Bill amends the Strata Titles Act 1973 and the Strata Titles
(Leasehold) Act 1986 to change the names of those Acts and to remove the
provisions relating to the management of strata schemes under those Acts and
disputes concerning strata schemes. Those matters will be dealt with in the
proposed Strata Schemes Management Act 1996.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be proclaimed.
Clause 3 gives effect to the amendments to the Community Land
Management Act 1989 as set out in Schedule 1.
Clause 4 gives effect to the amendments to other Acts as set out in
Schedule 2.
Schedule 1
Amendments to the Community Land
Management Act 1989
Schedule 1 makes a number of amendments to the Community Land
Management Act 1989 to bring certain provisions of that Act into line with
the proposed Strata Schemes Management Act 1996. Those amendments
include the following:
changing the role of the Community Schemes Commissioner from an
adjudicative role to a mediation role,
providing for the appointment of Community Schemes Adjudicators to
take over the adjudicative role of the Commissioner,
enabling the Board to enforce orders of Adjudicators and the Board by
imposing civil penalties of up to $5,000,
enabling the Board to impose civil penalties of up to $500 for a breach
of the by-laws following a warning notice given by an association to a
proprietor,
enabling an Adjudicator or the Board to award costs in certain
circumstances,
enabling discounts to be given for early payment of levies and
changing the provisions relating to the charging of interest for late
payment of levies,
requiring valuations of buildings to be obtained at least once every
5 years for insurance purposes,
specifically allowing an association to take out office bearers liability
insurance,
Explanatory note page 2
(i)
allowing an association to enter a lot in order to carry out work in a
case where the occupier of the lot will not consent if an order of an
Adjudicator has been obtained,
(i)
reducing the quorum required for meetings of associations and
executive committees,
(k)
providing more detail relating to the appointment and voting of
proxies.
Schedule 2
Amendment of other Acts
Schedule 2 contains amendments to a number of Acts as a consequence of
the enactment of the proposed Strata Schemes Management Act 1996.
Explanatory note page 3