Covid 19 Amendment Regulations Relations Strata Schemes Management Act Community Land Management Act

As of 5th of June 2020 both COVID-19 Amendment Regulations in relation to the Strata Schemes Management Act and the Community Land Management Act commenced.

This is a great step forward for Strata residents, owners, and workers alike as we come to terms with the reality of living and working around COVID-19.

These second set of laws have been developed to equip citizens, businesses, and the justice system to address the impacts of the COVID-19 pandemic. The amendments, which build on legislation enacted in late March (2020) makes the health and safety of the people of NSW the number one priority.

SCA (NSW) would like to use this opportunity to disseminate pertinent information from the Bills as they relate to:

  • Community Land Management Act
  • Strata Schemes Management Act

Changes to the Community Land Management Act:

The object of this Regulation is to provide for the following matters under the Community Land Management Act 1989 for the purposes of responding to the public health emergency caused by the COVID-19 pandemic—

  • altered arrangements for convening, and voting at, meetings of an association or its executive committee
  • allowing instruments, instead of being affixed with the seal of an association in the presence of certain persons, to be signed (and the signatures to be witnessed) by those persons
  • the extension, to 6 months, of the time periods within which—
    • the first annual general meeting of an association must be convened and held
    • an estimate must be made to reimburse an amount paid or transferred from an administrative fund or a sinking fund.

This Regulation is made under the Community Land Management Act 1989, including sections 122 (the general regulation-making power) and 122A

Changes to the Strata Schemes Management Act

The object of this Regulation is to provide for the following matters under the Strata Schemes Management Act 2015 for the purposes of responding to the public health emergency caused by the COVID-19 pandemic—

  • altered arrangements for convening, and voting at, meetings of an owners corporation or a strata committee,
  • allowing instruments and documents, instead of being affixed with the seal of an owners corporation in the presence of certain persons, to be signed (and the signatures to be witnessed) by those persons,
  • the extension, to 6 months, of the time periods within which—
    • the first annual general meeting of an owners corporation must be convened and held
    • a levy must be determined to reimburse an amount paid or transferred from an administrative fund or a capital works fund.

This Regulation is made under the Strata Schemes Management Act 2015, including sections 271 (the general regulation-making power) and 271A.

Both additions reflect the changes as per the consultation draft SCA (NSW) reviewed.

To review the new strata and community schemes emergency measures click here. Links to the relevant Regulations are located at the bottom of the page.