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This is a Bill, not an Act. For current law, see the Acts databases.
Strata Legislation Amendment Bill
2010
No , 2010
A Bill for
An Act to amend the Strata Schemes Management Act 1996 in relation to the
obligations of owners corporations, executive committees and owners and occupiers
of lots, procedures for meetings and the finances of strata schemes; to amend other
Acts consequentially; and for other purposes.
Clause 1 Strata Legislation Amendment Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Strata Legislation Amendment Act 2010. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Strata Legislation Amendment Bill 2010
Amendment of Strata Schemes Management Act 1996 No 138 Schedule 1
Schedule 1 Amendment of Strata Schemes 1
Management Act 1996 No 138 2
[1] Sections 27A and 27B 3
Insert after section 27: 4
27A Prohibition on certain persons holding position of strata 5
managing agent 6
(1) The following persons may not be appointed as a strata managing 7
agent of a strata scheme: 8
(a) the original owner, 9
(b) if the original owner is a corporation: 10
(i) a corporation that, within the meaning of the 11
Corporations Act 2001 of the Commonwealth, is a 12
related body corporate of the original owner, or 13
(ii) a corporation that holds shares in the original owner 14
or in a related body corporate of the original owner, 15
(c) if the original owner is an individual: 16
(i) a corporation that employs the original owner, or 17
(ii) a corporation in respect of which the original owner 18
holds shares, or 19
(iii) a corporation in respect of which the original owner 20
occupies a position of authority. 21
(2) If an owners corporation or executive committee of a strata 22
scheme becomes aware after the appointment of a strata 23
managing agent of the scheme that the agent is a person referred 24
to in subsection (1), the owners corporation or executive 25
committee must terminate the strata managing agent's 26
appointment as soon as possible. 27
(3) An owners corporation or executive committee may terminate 28
the appointment of a strata managing agent in accordance with 29
this section whether or not the instrument of appointment of the 30
strata managing agent provides for termination under this section 31
and any such termination does not constitute a breach of contract. 32
(4) No person is entitled to compensation or damages as a result of 33
the termination of the appointment of a strata managing agent in 34
accordance with this section. 35
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Strata Legislation Amendment Bill 2010
Schedule 1 Amendment of Strata Schemes Management Act 1996 No 138
27B Requirement to disclose certain connections 1
(1) For the purposes of this section, each of the following persons is 2
a relevant person in relation to a strata scheme: 3
(a) the original owner, 4
(b) a caretaker appointed for the strata scheme, 5
(c) a person who is a party to a contract with the owners 6
corporation. 7
(2) Before accepting an appointment as a strata managing agent of a 8
strata scheme, a person must disclose in writing to the owners 9
corporation if the person is connected with any of the relevant 10
persons. 11
Maximum penalty: 55 penalty units. 12
(3) It is a defence to a prosecution for an offence against 13
subsection (2) if the defendant establishes that, when accepting 14
the appointment as strata managing agent, the defendant did not 15
know, and could not reasonably be expected to have known, that 16
the defendant was connected with a relevant person. 17
(4) As soon as possible after a strata managing agent of a strata 18
scheme becomes aware that the agent is connected with a 19
relevant person, the agent must disclose in writing to the owners 20
corporation any connection that the person has with the relevant 21
person and the date on which the connection commenced. 22
Maximum penalty: 55 penalty units. 23
(5) If an owners corporation or executive committee of a strata 24
scheme becomes aware after the appointment of a strata 25
managing agent for the scheme that the agent is connected with a 26
relevant person, the owners corporation or the executive 27
committee may terminate the appointment of the agent. 28
(6) An owners corporation or executive committee may terminate 29
the appointment of a strata managing agent in accordance with 30
this section whether or not the instrument of appointment of the 31
strata managing agent provides for termination under this section 32
and any such termination does not constitute a breach of contract. 33
(7) No person is entitled to compensation or damages as a result of 34
the termination of the appointment of a strata managing agent in 35
accordance with this section. 36
Page 4
Strata Legislation Amendment Bill 2010
Amendment of Strata Schemes Management Act 1996 No 138 Schedule 1
[2] Section 40D 1
Insert after section 40C: 2
40D Prohibition on certain persons holding position of caretaker 3
(1) The following persons may not be appointed as a caretaker for a 4
strata scheme: 5
(a) the original owner, 6
(b) if the original owner is a corporation: 7
(i) a corporation that, within the meaning of the 8
Corporations Act 2001 of the Commonwealth, is a 9
related body corporate of the original owner, or 10
(ii) a corporation that holds shares in the original owner 11
or in a related body corporate of the original owner, 12
(c) if the original owner is an individual: 13
(i) a corporation that employs the original owner, or 14
(ii) a corporation in respect of which the original owner 15
holds shares, or 16
(iii) a corporation in respect of which the original owner 17
occupies a position of authority. 18
(2) If an owners corporation for a strata scheme becomes aware after 19
the appointment of a caretaker for the scheme that the caretaker 20
is a person referred to in subsection (1), the owners corporation 21
must: 22
(a) terminate the caretaker's appointment, and 23
(b) determine whether a new caretaker is to be appointed. 24
(3) The action required to be taken by the owners corporation under 25
subsection (2) is to be taken: 26
(a) at the general meeting of the owners corporation at which 27
the owners corporation becomes aware that the caretaker is 28
a person referred to in subsection (1), or 29
(b) if the owners corporation becomes aware that the caretaker 30
is a person referred to in subsection (1) otherwise than at a 31
general meeting, at the next general meeting after the 32
owners corporation becomes so aware. 33
(4) An owners corporation may terminate the appointment of a 34
caretaker in accordance with this section whether or not the 35
caretaker agreement provides for termination under this section 36
and any such termination does not constitute a breach of contract. 37
Page 5
Strata Legislation Amendment Bill 2010
Schedule 1 Amendment of Strata Schemes Management Act 1996 No 138
(5) No person is entitled to compensation or damages as a result of 1
the termination of the appointment of a caretaker in accordance 2
with this section. 3
[3] Section 48 What steps must an owners corporation take to make an 4
amendment effective? 5
Omit section 48 (1) (a). Insert instead: 6
(a) the owners corporation has lodged in the office of the 7
Registrar-General a notification in the form approved 8
under the Real Property Act 1900 accompanied by: 9
(i) a copy of the special resolution of the owners 10
corporation approving the amendment, repeal or 11
new by-law, and 12
(ii) a consolidated copy of all the by-laws for the strata 13
scheme incorporating that amendment, repeal or 14
new by-law, and 15
[4] Section 76 Owners corporation to set levy for contributions to 16
administrative and sinking funds 17
Insert "or the sinking fund (as the case may be)" after "administrative fund" in 18
section 76 (4). 19
[5] Section 76 (6) and (7) 20
Insert after section 76 (5): 21
(6) Despite any other provision of this Act, if a quorum is not present 22
as required by clause 12 (5) of Schedule 2 at an adjourned annual 23
general meeting of the owners corporation at which the amounts 24
to be levied as contributions to the administrative fund and 25
sinking fund are to be determined, those amounts are taken to 26
have been determined to be the same amounts as the 27
contributions last determined, increased to take account of the 28
relevant Consumer Price Index. 29
(7) For the purposes of subsection (6), the relevant Consumer Price 30
Index is the Consumer Price Index (All Groups Index) for 31
Sydney last issued by the Australian Statistician before the date 32
of the adjourned annual general meeting. 33
[6] Section 87 What other insurance must an owners corporation take out? 34
Omit "$10,000,000" from section 87 (2). 35
Insert instead "$20,000,000". 36
Page 6
Strata Legislation Amendment Bill 2010
Amendment of Strata Schemes Management Act 1996 No 138 Schedule 1
[7] Section 98 What must be recorded in the strata roll? 1
Insert after section 98 (2) (e): 2
(f) a copy of each licence granted by the owners corporation 3
for the use of common property and that is in force, 4
(g) plans and approvals for all building work that has been 5
carried out to the common property, 6
(h) details of each loan to the owners corporation, 7
(i) a copy of each special resolution passed for the purposes 8
of section 65A. 9
[8] Sections 117A and 117B 10
Insert after section 117: 11
117A Owner and occupier liable for damage to common property 12
caused by occupier 13
(1) The owner and occupier of a lot are jointly and severally liable 14
for damage caused to the common property by the occupier. 15
(2) The owner of a lot is entitled to be indemnified by an occupier of 16
the lot for any amount of damage caused to the common property 17
by the occupier in respect of which the owner is liable under 18
subsection (1). 19
117B Owner and occupier not to permit overcrowding 20
The owner and occupier of a lot must not permit more persons 21
over the age of 18 to reside on the lot than the number obtained 22
by multiplying 2 by the number of rooms in the lot that were 23
constructed for the purpose of bedrooms or sleeping areas. 24
[9] Chapter 5 Disputes and orders of Adjudicators and Tribunal 25
Insert under the heading "General orders for settlement of disputes" after 26
the matter relating to section 139 in the introductory note: 27
To settle disputes or rectify Person bound by the statement 183C
complaints concerning
management of a building or its
site subject to a strata
management statement
Page 7
Strata Legislation Amendment Bill 2010
Schedule 1 Amendment of Strata Schemes Management Act 1996 No 138
[10] Chapter 5, introductory note 1
Omit the matter relating to orders appointing strata managing agents. 2
Insert instead: 3
Orders appointing strata managing agents and terminating appointments
To appoint strata managing Person who obtained order under 162
agent this Act that imposed duty on
owners corporation or office
holder of executive committee
that has not been complied with
Person having estate or interest
in lot or, in the case of leasehold
strata scheme, lease of lot
Authority having benefit of
positive covenant that imposes
duty on owners corporation
Judgment creditor to whom
owners corporation owes
judgment debt
To terminate appointment of Owners corporation 162
strata managing agent Owner of lot
[11] Chapter 5, Part 4, Division 10, heading 4
Insert "and terminating appointments" after "agents". 5
[12] Section 162 Orders appointing strata managing agent to exercise certain 6
functions or terminating appointment of strata managing agent 7
Insert after section 162 (2): 8
(2A) Order terminating appointment of strata managing agent 9
An Adjudicator may by order terminate the appointment of a 10
strata managing agent. 11
[13] Section 162 (3A) 12
Insert at the end of section 162 (3A) (d): 13
, or 14
(e) an owners corporation has failed to terminate the 15
appointment of a strata managing agent in accordance with 16
section 27A (2). 17
Page 8
Strata Legislation Amendment Bill 2010
Amendment of Strata Schemes Management Act 1996 No 138 Schedule 1
[14] Section 162 (7) 1
Insert "(other than an order under subsection (2A))" after "under this section". 2
[15] Section 162 (8) 3
Insert after section 162 (7): 4
(8) An application for an order under subsection (2A) may be made 5
only by the owners corporation or the owner of a lot in the strata 6
scheme concerned. 7
[16] Section 183C 8
Insert after section 183B: 9
183C Orders relating to strata management statements 10
(1) The Tribunal may make an order to settle a dispute, or rectify a 11
complaint, concerning the management of a building or its site 12
that is subject to a strata management statement, but only if: 13
(a) the strata management statement provides for the reference 14
of disputes or complaints to the Tribunal, or 15
(b) in a case where the strata management statement does not 16
so provide, the Tribunal is of the opinion that the method 17
of settling such disputes or complaints provided for in the 18
statement has been tried and has not resulted in the 19
settlement of the dispute or rectification of the complaint 20
concerned. 21
(2) An application for an order under this section may be made only 22
by a person who is bound by the strata management statement. 23
However, such an application may not be made by the owner of 24
a lot in a strata scheme if the owners corporation of the strata 25
scheme is bound by the strata management statement. 26
[17] Section 198 Contempt of Tribunal 27
Omit "5 penalty units" wherever occurring in section 198 (1) and (2). 28
Insert instead "50 penalty units". 29
[18] Section 201A 30
Insert after section 201: 31
201A Failure to comply with order of Tribunal or Adjudicator 32
(1) A person who is subject to an order under this Chapter must not 33
contravene the order. 34
Maximum penalty: 200 penalty units. 35
Page 9
Strata Legislation Amendment Bill 2010
Schedule 1 Amendment of Strata Schemes Management Act 1996 No 138
(2) A person is not liable to any penalty in respect of an offence 1
under this section if the person has been ordered to pay a civil 2
penalty under section 202 in respect of the same contravention. 3
[19] Section 226 Other rights and remedies not affected by this Act 4
Omit section 226 (2) and (3). Insert instead: 5
(2) In any proceedings to enforce a right or remedy referred to in 6
subsection (1), the court in which the proceedings are taken is not 7
to refuse to determine the proceedings or to grant any relief or 8
remedy merely because this Act or Part 4 of the Community Land 9
Management Act 1989 makes provision for the enforcement of 10
those rights or remedies. 11
(3) However, in any such proceedings, the court in which the 12
proceedings are taken must order the plaintiff to pay the 13
defendant's costs if the court is of the opinion that, having regard 14
to the following matters, the proceedings should not have been 15
brought in that court: 16
(a) whether the matter would be dealt with more expeditiously 17
and cheaply if brought in another forum, 18
(b) whether the enforcement of the right or remedy by the 19
court would be likely to resolve the issues in dispute, 20
(c) whether the plaintiff would be able to get an appropriate 21
remedy in another forum, 22
(d) whether the plaintiff would suffer any substantial hardship 23
if the court refused to hear and determine the proceedings, 24
(e) any other matter the court considers relevant. 25
[20] Chapter 7, Part 1A, heading 26
Omit the heading. Insert instead: 27
Part 1A Legal services provided to owners 28
corporation 29
[21] Section 230B 30
Insert after section 230A: 31
230B Requirement to disclose certain connections 32
(1) Before undertaking to provide any legal services to an owners 33
corporation, a legal practitioner must disclose in writing to the 34
Page 10
Strata Legislation Amendment Bill 2010
Amendment of Strata Schemes Management Act 1996 No 138 Schedule 1
owners corporation if the practitioner is connected with the 1
original owner. 2
Maximum penalty: 55 penalty units. 3
(2) It is a defence to a prosecution for an offence against subsection 4
(1) if the defendant establishes that, when undertaking to perform 5
those legal services, the defendant did not know, and could not 6
reasonably be expected to have known, that the defendant was 7
connected with the original owner. 8
(3) As soon as possible after a legal practitioner who is providing 9
legal services to an owners corporation becomes aware that the 10
practitioner is connected with the original owner, the practitioner 11
must disclose in writing to the owners corporation any 12
connection that the person has with the original owner and the 13
date when the connection commenced. 14
Maximum penalty: 55 penalty units. 15
(4) If an owners corporation or executive committee of a strata 16
scheme becomes aware after engaging a legal practitioner to 17
provide legal services in relation to the scheme that the 18
practitioner is connected with the original owner, the owners 19
corporation is, within 42 days, to determine at a general meeting 20
whether the practitioner's engagement should be terminated and 21
a different practitioner engaged. 22
(5) Subsection (4) does not prevent the owners corporation or 23
executive committee from terminating the engagement of the 24
legal practitioner at any time for any other reason. 25
(6) The termination of the engagement of a legal practitioner in 26
accordance with this section does not constitute a breach of 27
contract and no person is entitled to compensation or damages as 28
a result of the termination. 29
[22] Section 235 Service of documents on an owners corporation 30
Omit section 235 (1). Insert instead: 31
(1) A summons or other legal process may be served on an owners 32
corporation by doing both of the following: 33
(a) leaving it with the chairperson or strata managing agent 34
whose address for service has been recorded in the folio of 35
the Register, 36
(b) posting it, by prepaid mail, to the owners corporation at the 37
address recorded in the folio of the Register as the address 38
for the service of documents on the owners corporation 39
and at the address of the strata scheme concerned. 40
Page 11
Strata Legislation Amendment Bill 2010
Schedule 1 Amendment of Strata Schemes Management Act 1996 No 138
[23] Section 236 Service of documents by owners corporation and others 1
Insert after section 236 (6): 2
(7) Service of certain documents by electronic means 3
A notice that is required to be given to a person under this Act by 4
an owners corporation or an executive committee may be given 5
to the person by electronic means, but only if the person has given 6
the owners corporation an e-mail address for the service of 7
notices under this Act and the notice is sent to that address. 8
[24] Section 239 Address for service of documents on owners corporation 9
Insert "and other documents" after "notices" in section 239 (1). 10
[25] Section 239 (1A)-(1C) 11
Insert after section 239 (1): 12
(1A) A person whose address is recorded in the folio of the Register as 13
the Chairperson's or strata managing agent's address for a strata 14
scheme must lodge in the office of the Registrar-General a notice 15
in the form approved under the Real Property Act 1900 within 16
7 days after a change in the person's address or after ceasing to 17
be the Chairperson or strata managing agent, as the case may be. 18
Maximum penalty: 10 penalty units. 19
(1B) An owners corporation must lodge in the office of the 20
Registrar-General a notice in the form approved under the Real 21
Property Act 1900 within 7 days after a person whose address is 22
recorded in the folio of the Register as the Chairperson or strata 23
managing agent for the strata scheme concerned ceases to be the 24
Chairperson or strata managing agent, as the case may be. 25
Maximum penalty: 10 penalty units. 26
(1C) An owners corporation is not guilty of an offence under 27
subsection (1B) for failing to lodge a notice within that 7-day 28
period if a notice to the same effect was lodged within that period 29
in accordance with subsection (1A). 30
[26] Section 246 Regulations 31
Insert after section 246 (2) (l): 32
(m) the procedures to be observed by the chairperson and 33
secretary in relation to meetings of the owners corporation 34
and by persons presiding at such meetings, 35
(n) a code of conduct for the chairperson, secretary and 36
treasurer. 37
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Strata Legislation Amendment Bill 2010
Amendment of Strata Schemes Management Act 1996 No 138 Schedule 1
[27] Section 246 (2A) 1
Insert after section 246 (2): 2
(2A) A regulation relating to the matter referred to in subsection (2) 3
(m) or (n) may apply, adopt or incorporate by reference wholly or 4
partly, and with or without modification, any published 5
document as in force at a particular time or as in force from time 6
to time. 7
[28] Schedule 2 Meetings and procedure of owners corporation 8
Insert after clause 10 (8): 9
(8A) For the purposes of subclause (8), payment by means of a cheque 10
of an amount owing is taken to have been made before a meeting 11
only if the cheque was received at least 5 clear working days 12
before the meeting and no notice has been received by the time of 13
the meeting of the cheque having been dishonoured. 14
[29] Schedule 2, clause 19 (2A) 15
Insert after clause 19 (2): 16
(2A) In the case of a poll demanded after a vote has been taken, the 17
demand may be made no later than the completion of 18
consideration of the next item on the agenda if one or more items 19
on the agenda remain to be considered. 20
[30] Schedule 2, clause 31 (1) 21
Omit "An". Insert instead "Subject to subclause (1A), an". 22
[31] Schedule 2, clause 31 (1A) 23
Insert after clause 31 (1): 24
(1A) An owners corporation may vary the time at which the annual 25
general meeting is required to be held by resolution passed at a 26
general meeting so long as: 27
(a) the variation results in an annual general meeting being 28
held in each year, and 29
(b) the time for holding the meeting has not already been 30
varied by order of an Adjudicator under section 152. 31
Page 13
Strata Legislation Amendment Bill 2010
Schedule 1 Amendment of Strata Schemes Management Act 1996 No 138
[32] Schedule 2, clauses 33A and 33B 1
Insert after clause 33: 2
33A Notice including proposal relating to by-laws 3
Notice of a general meeting that includes a form of motion to 4
amend, repeal or substitute a by-law must include a report 5
prepared by the executive committee explaining the effect of the 6
proposed amendment, repeal or substitution of the by-law. 7
33B Notice of general meeting to include disclosures 8
Notice of a general meeting must include a copy of any disclosure 9
made to the owners corporation by a strata managing agent under 10
section 27B, or a legal practitioner under section 230B, since the 11
last general meeting. 12
[33] Schedule 2, clause 34 (b1) 13
Insert after clause 34 (b): 14
(b1) include proposed estimates of amounts needed to be 15
credited to the administrative and sinking funds as referred 16
to in section 75 and proposed amounts of contributions 17
based on the proposed estimates, and 18
[34] Schedule 3 Constitution of executive committee of the owners 19
corporation and meetings of executive committee 20
Omit "or caretaker" wherever occurring in clause 3A (1), (3) and (4). 21
Insert instead ", caretaker or strata managing agent". 22
[35] Schedule 3, clause 3A (1A)-(1D) 23
Insert after clause 3A (1): 24
(1A) A person who is elected as a member of the executive committee 25
after failing to make a disclosure in accordance with 26
subclause (1) in relation to that election is guilty of an offence. 27
Maximum penalty: 55 penalty units. 28
(1B) A member of the executive committee is guilty of an offence in 29
relation to each occasion on which the member votes on a matter 30
being considered by the executive committee after failing to 31
make a disclosure in accordance with subclause (1) or (4). 32
Maximum penalty: 55 penalty units. 33
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Strata Legislation Amendment Bill 2010
Amendment of Strata Schemes Management Act 1996 No 138 Schedule 1
(1C) If an owners corporation becomes aware after the election of a 1
member of the executive committee that the member is a person 2
referred to in subclause (1), the owners corporation must: 3
(a) declare the member's position vacant, and 4
(b) determine whether a new member of the executive 5
committee is to be elected. 6
(1D) The action required to be taken by the owners corporation under 7
subclause (1C) is to be taken: 8
(a) at the general meeting at which the owners corporation 9
becomes aware that the member is a person referred to in 10
subclause (1), or 11
(b) if the owners corporation becomes aware that the member 12
is a person referred to in subclause (1) otherwise than at a 13
general meeting, at the next general meeting after the 14
owners corporation becomes so aware. 15
[36] Schedule 3, clause 3A (3A)-(3D) 16
Insert after clause 3A (3): 17
(3A) A person who is appointed to act in the place of a member of the 18
executive committee after failing to make a disclosure in 19
accordance with subclause (3) in relation to that appointment is 20
guilty of an offence. 21
Maximum penalty: 55 penalty units. 22
(3B) A person who is appointed to act in the place of a member of the 23
executive committee is guilty of an offence in relation to each 24
occasion on which the person votes on a matter being considered 25
by the executive committee as a member of the executive 26
committee after failing to make a disclosure in accordance with 27
subclause (3) or (4). 28
Maximum penalty: 55 penalty units. 29
(3C) If an executive committee becomes aware after the appointment 30
of a person to act in the place of a member of the executive 31
committee that the person is a person referred to in subclause (3), 32
the executive committee must: 33
(a) withdraw its consent to the person's appointment, and 34
(b) determine whether to give consent to the appointment of a 35
different person to act in the place of the member of the 36
executive committee. 37
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Strata Legislation Amendment Bill 2010
Schedule 1 Amendment of Strata Schemes Management Act 1996 No 138
(3D) The action required to be taken by the executive committee under 1
subclause (3C) is to be taken: 2
(a) at the meeting of the executive committee at which the 3
committee becomes aware that the person concerned is a 4
person referred to in subclause (3), or 5
(b) if the executive committee becomes aware that the person 6
concerned is a person referred to in subclause (3) 7
otherwise than at a meeting of the executive committee, at 8
the next meeting of the executive committee after the 9
executive committee becomes so aware. 10
[37] Schedule 3, clause 3A (4) 11
Insert at the end of the subclause: 12
Maximum penalty: 55 penalty units. 13
[38] Schedule 3, clause 6A 14
Insert after clause 6: 15
6A Notice of executive committee meeting to include disclosures 16
Notice of an executive committee meeting must include a copy of 17
any disclosure made to the owners corporation by a strata 18
managing agent under section 27B, or a legal practitioner under 19
section 230B, since the last executive committee meeting. 20
[39] Schedule 3, clause 17A 21
Insert after clause 17: 22
17A Transaction of meetings by telephone etc 23
The executive committee may, if it thinks fit, transact any of its 24
business at a meeting at which members (or some members) 25
participate by telephone, closed-circuit television or other means, 26
but only if any member who speaks on a matter before the 27
meeting can be heard by the other members and each other person 28
who is present at the meeting and entitled to attend. 29
[40] Schedule 4 Savings, transitional and other provisions 30
Insert at the end of clause 1 (1): 31
Strata Legislation Amendment Act 2010 32
Page 16
Strata Legislation Amendment Bill 2010
Amendment of Strata Schemes Management Act 1996 No 138 Schedule 1
[41] Schedule 4 1
Insert at the end of the Schedule with appropriate Part and clause numbers: 2
Part Provisions consequent on enactment of 3
Strata Legislation Amendment Act 2010 4
Definitions 5
In this Part: 6
amending Act means the Strata Legislation Amendment Act 7
2010. 8
Strata rolls 9
A requirement to record a document or information on the strata 10
roll that is imposed by an amendment to section 98 by the 11
amending Act extends to recording any such document that was 12
created before the commencement of the amendment and any 13
such information that related to an event that occurred before that 14
commencement if the document or information is reasonably 15
available. 16
Strata managing agents, caretakers and other appointments 17
(1) A requirement in section 27A (2) (as inserted by the amending 18
Act) to terminate a strata managing agent's appointment: 19
(a) extends to strata managing agents appointed before the 20
commencement of that subsection, and 21
(b) is to be read as a requirement to terminate the appointment 22
within 60 days after the commencement of that subsection 23
if the owners corporation or executive committee became 24
aware before that commencement that the strata managing 25
agent was a person referred to in section 27A (1) (as 26
inserted by the amending Act). 27
(2) Section 27B (2) (as inserted by the amending Act) is to be read as 28
requiring a person who held the position of strata managing agent 29
immediately before the commencement of that subsection to 30
disclose, within 60 days after that commencement, any 31
connection with a relevant person of which the agent was aware 32
before that commencement. 33
(3) Section 230B (3) (as inserted by the amending Act) is to be read 34
as requiring a legal practitioner who was providing legal services 35
to an owners corporation immediately before the commencement 36
of that subsection to disclose, within 60 days after that 37
Page 17
Strata Legislation Amendment Bill 2010
Schedule 1 Amendment of Strata Schemes Management Act 1996 No 138
commencement, any connection with the original owner of which 1
the practitioner was aware before that commencement. 2
(4) A requirement in section 230B (4) (as inserted by the amending 3
Act) in relation to the engagement of a legal practitioner: 4
(a) extends to practitioners engaged before the 5
commencement of that subsection, and 6
(b) is to be read as a requirement to convene and hold a general 7
meeting within 60 days after the commencement of that 8
subsection if the owners corporation or executive 9
committee became aware before that commencement that 10
the practitioner was connected to the original owner. 11
Meetings and procedure 12
(1) Clause 10 (8A) of Schedule 2 (as inserted by the amending Act) 13
does not apply to a payment made by means of a cheque before 14
the commencement of that subclause. 15
(2) Clauses 33A, 33B and 34 (b1) of Schedule 2 and clause 6A of 16
Schedule 3 (as inserted by the amending Act) do not apply to 17
notices sent before the commencement of those provisions. 18
Insurance 19
The amendment made to section 87 by the amending Act does not 20
apply to an owners corporation until the next renewal of the 21
insurance required under that section occurring after the 22
commencement of that amendment. 23
Owner's and occupier's liability for damage to common property 24
Section 117A (as inserted by the amending Act) does not apply 25
to or in respect of any damage to common property occurring 26
before the commencement of that section. 27
Notices of change of information 28
A requirement imposed by section 239 (1A) or (1B) (as inserted 29
by the amending Act) to lodge a notice within 7 days after a 30
particular event occurs is to be read as a requirement to lodge the 31
notice within 7 days after the commencement of that subsection 32
if the event concerned occurred before that commencement. 33
Page 18
Strata Legislation Amendment Bill 2010
Amendment of other Acts Schedule 2
Schedule 2 Amendment of other Acts 1
2.1 Strata Schemes (Freehold Development) Act 1973 No 68 2
[1] Section 8 Registration of strata plans 3
Omit section 8 (2) (a). Insert instead: 4
(a) the address of the body corporate for the service of 5
documents and the address of the chairperson for the 6
service of a summons or other legal process if there is no 7
strata managing agent, and 8
(a1) the name and business address of the strata managing 9
agent if an agent is appointed, and 10
[2] Section 22 Folio where no common property 11
Omit section 22 (1) (b). Insert instead: 12
(b) the name of the body corporate, and 13
(b1) the address of the body corporate for the service of 14
documents and the address of the chairperson for the 15
service of a summons or other legal process if there is no 16
strata managing agent, and 17
(b2) the name and business address of the strata managing 18
agent if an agent is appointed, and 19
[3] Section 22 (2) (a) 20
Omit "the address for service of notices on the body corporate". 21
Insert instead "an address recorded under subsection (1) (b1) or (b2)". 22
[4] Section 22 (2) (b) 23
Omit the paragraph. Insert instead: 24
(b) record the copy of the current consolidated by-laws and the 25
relevant special resolution accompanying a notification 26
under section 48 of the Strata Schemes Management Act 27
1996, and 28
Page 19
Strata Legislation Amendment Bill 2010
Schedule 2 Amendment of other Acts
[5] Section 22 (2A) 1
Insert after section 22 (2): 2
(2A) If a recording is made in accordance with subsection (2) (b), the 3
Registrar is to remove from the Register the copy of the previous 4
by-laws for the strata scheme concerned and all previous 5
recordings relating to notifications under section 48 of the Strata 6
Schemes Management Act 1996 for that strata scheme. 7
[6] Section 23 Folio where there is common property 8
Omit section 23 (2) (b). Insert instead: 9
(b) the address of the body corporate for the service of 10
documents and the address of the chairperson for the 11
service of a summons or other legal process if there is no 12
strata managing agent, and 13
(b1) the name and business address of the strata managing 14
agent if an agent is appointed, and 15
[7] Section 23 (2) (e) 16
Omit "the address for service of notices on the body corporate". 17
Insert instead "an address recorded under paragraph (b) or (b1)". 18
[8] Section 23 (2) (f) 19
Omit the paragraph. Insert instead: 20
(f) record the copy of the current consolidated by-laws and the 21
relevant special resolution accompanying a notification 22
under section 48 of the Strata Schemes Management Act 23
1996, and 24
[9] Section 23 (2A) 25
Insert after section 23 (2): 26
(2A) If a recording is made in accordance with subsection (2) (f), the 27
Registrar is to remove from the Register the copy of the previous 28
by-laws for the strata scheme concerned and all previous 29
recordings relating to notifications under section 48 of the Strata 30
Schemes Management Act 1996 for that strata scheme. 31
Page 20
Strata Legislation Amendment Bill 2010
Amendment of other Acts Schedule 2
2.2 Strata Schemes (Leasehold Development) Act 1986 No 219 1
[1] Section 7 Registration of strata plans 2
Omit section 7 (2A) (a). Insert instead: 3
(a) the address of the proposed body corporate for the service 4
of documents and the address of the chairperson for the 5
service of a summons or other legal process if there is no 6
strata managing agent, and 7
(a1) the name and business address of the strata managing 8
agent if an agent is appointed, and 9
[2] Section 25 Folio where no common property 10
Omit section 25 (1) (b). Insert instead: 11
(b) the name of the body corporate, and 12
(b1) the address of the body corporate for the service of 13
documents and the address of the chairperson for the 14
service of a summons or other legal process if there is no 15
strata managing agent, and 16
(b2) the name and business address of the strata managing 17
agent if an agent is appointed, and 18
[3] Section 25 (2) (a) 19
Omit "the address for service of notices on the body corporate". 20
Insert instead "an address recorded under subsection (1) (b1) or (b2)". 21
[4] Section 25 (2) (b) 22
Omit the paragraph. Insert instead: 23
(b) record the copy of the current consolidated by-laws and the 24
relevant special resolution accompanying a notification 25
under section 48 of the Strata Schemes Management Act 26
1996, and 27
[5] Section 25 (2A) 28
Insert after section 25 (2): 29
(2A) If a recording is made in accordance with subsection (2) (b), the 30
Registrar is to remove from the Register the copy of the previous 31
by-laws for the strata scheme concerned and all previous 32
recordings relating to notifications under section 48 of the Strata 33
Schemes Management Act 1996 for that strata scheme. 34
Page 21
Strata Legislation Amendment Bill 2010
Schedule 2 Amendment of other Acts
[6] Section 27 Folio where there is common property 1
Omit section 27 (2) (b). Insert instead: 2
(b) the address of the body corporate for the service of 3
documents and the address of the chairperson for the 4
service of a summons or other legal process if there is no 5
strata managing agent, and 6
(b1) the name and business address of the strata managing 7
agent if an agent is appointed, and 8
[7] Section 27 (2) (e) 9
Omit "the address for service of notices on the body corporate". 10
Insert instead "an address recorded under paragraph (b) or (b1)". 11
[8] Section 27 (2) (f) 12
Omit the paragraph. Insert instead: 13
(f) record the copy of the current consolidated by-laws and the 14
relevant special resolution accompanying a notification 15
under section 48 of the Strata Schemes Management Act 16
1996, and 17
[9] Section 27 (2A) 18
Insert after section 27 (2): 19
(2A) If a recording is made in accordance with subsection (2) (f), the 20
Registrar is to remove from the Register the copy of the previous 21
by-laws for the strata scheme concerned and all previous 22
recordings relating to notifications under section 48 of the Strata 23
Schemes Management Act 1996 for that strata scheme. 24
Page 22
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