Strata Schemes Management Act 2015

1 ContentsPage Strata Schemes Management Act 2015 No 50 New South WalesPart 1 Preliminary1 Name of Act22 Commencement23 Objects of Act24 Definitions25 Resolutions of owners corporations66 Meaning of large Strata scheme 67 Connected persons6 Part 2 Managing body for Strata Schemes owners corporationDivision 1 Constitution of owners corporation8 Constitution of owners corporation7 Division 2 Management of Strata schemes9 Owners corporation responsible for Management of Strata scheme710 Functions of owners corporation generally711 Other Management bodies and persons who assist the owners corporation712 Owners corporation may employ persons to assist in exercise of functions8 Page 2 Strata Schemes Management Act 2015 No 50 [NSW]

2 ContentsPage13 Functions that may only be delegated to member of Strata committee or Strata managing agent8 Division 3 Meetings of owners corporation14 First AGM must be held within 2 months after initial period815 Agenda for first AGM916 Documents and records to be provided to owners corporation at first AGM917 Tribunal may order initial documents to be provided1018 AGM must be held1019 Other general meetings1020 Tribunal may appoint person to hold first AGM and other meetings1021 Unanimous or special resolutions to be amended or revoked in same way 1022 Notice to be given to owners corporation of right to cast vote at meeting1123 Meeting procedures and voting1224 Order invalidating resolution of owners corporation1225 Order where voting rights denied or due notice of item of business not given12 Division 4 Limitation on functions during initial period26 Restrictions on powers of owners corporation during initial period1327 Order to authorise certain acts during initial period14 Division 5 Effect of termination order on owners corporation28 Termination of Strata scheme14 Part 3 Strata committee of owners corporationDivision 1 Constitution of Strata committee29 Owners corporation to appoint Strata committee1530 Members of Strata committee1531

3 Persons who are eligible to be appointed or elected to Strata committee1532 Persons who are not eligible to be appointed or elected to Strata committee1633 Tenant representatives1634 Acting members of Strata committee1735 Vacation of office of elected member of Strata committee17 Division 2 Functions of Strata committee36 Functions of Strata committee1837 Duty of members of Strata committee1838 Acts and proceedings of Strata committee valid despite vacancies or defects18 Division 3 Meetings of Strata committee39 Convening meetings1940 Meeting procedures and voting19 Division 4 Office holders41 Strata committee to appoint officers19 Page 3 Strata Schemes Management Act 2015 No 50 [NSW]

4 ContentsPage42 Functions of chairperson of owners corporation1943 Functions of secretary of owners corporation1944 Functions of treasurer of owners corporation2045 Vacation of office by officer2046 Payment of officers of owners corporation2147 Original owner to exercise officers functions before appointment of officers2148 Tribunal may order meeting if no officers or Strata committee21 Part 4 Strata managing agents and building managersDivision 1 Appointment of Strata managing agents49 Appointment of Strata managing agents2250 Term of appointment of Strata managing agents2251 Transfer of functions of Strata managing agent23 Division 2 Functions of Strata managing agent52 Owners corporation may delegate functions to Strata managing agent2353 Exercise of delegated functions by Strata managing agent2354 Functions of officers and Strata committee may be given to Strata managing agent2455 Strata managing agent to record exercise of functions2456 Exercise of functions of Strata managing agent appointed by Tribunal2457 Breaches by Strata managing agent24 Division 3 Accountability of Strata managing agent58 Strata managing agent may be required to provide information about trust account and other accounts2559 Provision of information about money received

5 And other transactions2660 Disclosure of commissions and training services2661 Procedure for requiring information from Strata managing agent2662 Offences2763 Responsibility for providing information if a Strata managing agent ceases to hold a licence or dies2764 Exemption for information relating to certain transactions2765 Provision of other Act requiring agents to provide information not to apply to affairs of owners corporation27 Division 4 Building managers66 Building managers2767 Appointment of building managers2868 Term of appointment of building managers2869 Transfer of functions of building manager2870 Functions of building manager28 Division 5 General71 Interests must be disclosed by potential Strata managing agents or building managers2972 Strata managing agent and building manager agreements may be terminated or varied by Tribunal29 Page 4 Strata Schemes Management Act 2015 No 50 [NSW]

6 ContentsPagePart 5 Financial managementDivision 1 Funds and accounts of owners corporation73 Administrative fund3074 Capital works fund3075 Investment of money in administrative fund or capital works fund3176 Use of administrative fund or capital works fund for purposes of other fund3177 Distribution of surplus money in administrative fund or capital works fund3278 Accounts of owners corporation32 Division 2 Contributions by owners79 Estimates to be prepared of contributions to administrative and capital works funds3280 Owners corporation to prepare 10-year capital works fund plan3381 Owners corporation to set contributions to administrative and capital works funds3482 Individual contributions may be larger if greater insurance costs3483 Levying of contributions3484 Liability of persons other than owners for contributions3585 Interest.

7 Discounts on contributions and payment plans3586 Recovery of unpaid contributions and interest3587 Orders varying contributions or payment methods3688 Effect of order varying contributions where payments have been made3689 Order requiring original owner to pay compensation for inadequate estimates and levies3690 Contributions for legal costs awarded in proceedings between owners and owners corporation3791 Information about contributions payable for retirement village37 Division 3 Financial statements and accounting records of owners corporation92 Owners corporation must prepare financial statements and statementsof key financial information3793 Requirements for financial statements3794 Statement of key financial information3895 Auditing of accounts and financial statements39 Division 4 Accounting records96 Accounting records must be kept by owners corporation3997 Receipts3998 Transaction records3999 Levy register40 Division 5 Financial functions generally100 Power to borrow money40101 Persons who can exercise functions relating to the finances and accounts of the owners corporation40102 Limits on spending by large Strata schemes41103 Legal services to be approved by general meeting41104 Restrictions on payment of expenses incurred in Tribunal

8 Proceedings42 Page 5 Strata Schemes Management Act 2015 No 50 [NSW]ContentsPage105 Disclosure of matters relating to legal costs42 Part 6 Property managementDivision 1 Common property106 Duty of owners corporation to maintain and repair property43107 Common property memorandum43108 Changes to common property44109 Cosmetic work by owners44110 Minor renovations by owners45111 Work by owners of lots affecting common property46112 Owners corporation may grant licence to use common property46113 Agreement for payment to owner of consideration on transfer or lease of common property47114 Functions subject to Strata development contract47115 Initial maintenance schedule must be prepared47 Division 2

9 Dealings with property116 Powers to deal with property47 Division 3 Work carried out by owners corporation117 Provision of amenities and services to lot48118 Window safety devices child safety48119 Work to rectify certain defects48120 Owners corporation may carry out work required to be carried out by others49121 Provision of letterbox49 Division 4 Powers to enter premises and carry out work122 Power of owners corporation to enter property in order to carry out work49123 Access for fire safety inspections50124 Orders by Tribunal relating to entry to carry out work or inspections50 Division 5 Goods left on common property125 Disposal of abandoned goods on common property50 Division 6 Orders about property126 Orders relating to alterations and repairs to common property and other property51127 Order relating to cosmetic work or minor renovations51128 Order consequent on alteration of building51129 Orders relating to window safety devices52130 Orders relating to personal property52131 Order granting certain licences52132 Rectification where work done by owner52 Part 7By-laws for Strata schemesDivision 1 Interpretation133 Definitions54 Page 6 Strata Schemes Management Act 2015 No 50 [NSW]

10 ContentsPageDivision 2 Establishment and effect of by-laws134By-laws that apply to Strata schemes54135 Requirement to comply with by-laws54136 Matters by-laws can provide for55137 Occupancy limits55138 Model by-laws55139 Restrictions on by-laws55140 Restrictions on by-laws during initial period56141 Procedure for changes to by-laws56 Division 3By-laws conferring rights or privileges over common property142 Common property rights by-law57143 Requirements and effect of common property rights by-laws57144 Common property rights by-law must provide for maintenance of property57145 Common property rights by-law binding on owners for time being58 Divisio