SCA (NSW) President’s Update – Legislation Commencing 30 November

The NSW Government announced on Friday 8 July the date that the new strata laws would take effect. Fortunately for our members they will all be ahead of the game as SCA (NSW) prepares them for change.

From 30 November 2016, most of the new legislation will take effect. This means strata managers, owners and tenants will all need to be aware of the new laws and how they apply.

In its media release NSW Fair Trading said, “the changes also improve the accountability of strata managers; allow owners and residents to use modern technology to participate and vote in their strata meetings; establish a transparent process for the collective sale and renewal of strata schemes; and introduce a simpler, clearer process for dealing with disputes.”

Fair Trading advises that the Acts commencing on 30 November will be the Strata Schemes (Management) Act 2015 and Strata Schemes (Development) Act 2015. The final Regulations will be published in the coming weeks and we will let members know when these are available to download.

One part of the legislation that will not take effect until 1 July 2017 is the building defects bond scheme. The government is waiting for the Australian Standard for building inspections, which is due in March 2017, to become the standard for the interim and final defect inspection reports prior to the strata legislation commencing. Fair Trading believes this will give builders, developers and the strata community time to prepare for the coming changes this part of the legislation represents.

SCA (NSW) is in the final stages of planning a joint road show on the new legislation with Fair Trading and REINSW. Sessions for strata managers, property managers and strata owners will be presented. Dates and locations will be released in the coming weeks.

In the meantime, strata managers should be aware that the SCA (NSW) Strata Agency Agreement is currently being amended to ensure compliance with the new strata laws. SCA (NSW) is aiming to have it available to members in late August/early September with a series of workshops on using the agreement.

Keep your eye out for our communiques, Around the Grounds and website posts for further updates.

Greg Haywood

SCA (NSW) President