NSW: Strata Hub: Strata Schemes Management Amendment (Information) Regulation 2021

The following NSW article about Strata Schemes Management Amendment Information Regulation 2021 has been provided by Pierrette Khoury, Khoury Lawyers.

The Strata Schemes Management Amendment Information Regulation 2021 has been introduced which will require new reporting obligations on or on behalf of Strata Schemes. It is important you are informed and aware of the new reporting requirements and to ensure you meet the date of compliance.

When does it require action?

There are two deadlines:

1. Existing schemes registered before 30 June2022 have until 30 September 2022;
2. Schemes registered from 1 July 2022 have up to three months from their first Annual General Meeting;
3. Thereafter there is a continuing obligation to update information within three months of a scheme’s Annual General Meeting.

What is Required to Be Provided

For the purposes of clause 43, each strata scheme must lodge the following information:

1. the strata plan number of the strata scheme,
2. the date of registration of the strata plan for the strata scheme,
3. if the strata scheme is part of a community scheme, the date of registration and the number of the community plan, within the meaning of the Community Land Management Act 2021,
4. if the strata scheme is part of a precinct scheme, the date of registration and the number of the precinct plan, within the meaning of the Community Land Management Act 2021,
5. the address of the parcel of the strata scheme,
6. the total number of lots in the strata scheme,
7. the number of lots in the strata scheme used for the following purposes:
   
   1. residential purposes,
   2. the purposes of a retirement village,
   3. commercial purposes,
   4. the purposes of a utility lot,
   5. other purposes,
8. if a building of the strata scheme has a NABERS rating: the rating,
9. if an interim or final occupation certificate has been issued under the Environmental Planning and Assessment Act 1979 for a building of the strata scheme: the date the certificate was issued,
10. if an annual fire safety statement has been issued under the Environmental Planning and Assessment Act 1979 for a building of the strata scheme: the date the most recent statement was issued,
11. for a class 2 building, within the meaning of the Building Code of Australia, of the strata scheme: the number of storeys above ground level in the building,
12. if the owners corporation is required to insure a building, or part of a building, of the strata scheme under the Act, section 160, the replacement value of the building, or the part of the building, as:
    
    1. specified in the damage policy for the building, or
    2. determined by the Tribunal under the Act, section 162(3),
13. the following details of the secretary of the owners corporation:
    
    1. full name,
    2. telephone number,
    3. email address,
14. the following details of the chairperson of the owners corporation:
    
    1. full name,
    2. telephone number,
    3. email address,
15. if there is a strata managing agent appointed for the strata scheme, the following details of the agent:
    
    1. full name,
    2. telephone number,
    3. email address,
    4. the number of the agent’s licence under the Property and Stock Agents Act 2002,
16. if there is a building manager appointed for the strata scheme: the following details of the manager:
    
    1. full name,
    2. telephone number,
    3. email address,
17. the following details of the emergency contact person for the strata scheme
    
    1. full name,
    2. telephone number,
    3. email address,
    4. the person’s connection to the strata scheme.

A connection includes the secretary, chairperson or another officer of the owners corporation for the scheme, the strata managing agent for the scheme, the building manager for the scheme or the owner or occupier of a lot in the scheme.

18. the date of the most recent annual general meeting of the owners corporation,
19. if the owners corporation is required to establish a capital works fund under the Act, section 75 the balance of the fund, as specified in the most recent financial statements,
20. whether a strata renewal committee is currently established under the Strata Schemes Development Act 2015 in relation to the strata scheme and, if so, the date the committee was established.

Emergency contact person means a person who is nominated by the owners corporation, with the person’s consent, as a contact for the strata scheme if there is an emergency.

NABERS rating of a building means a star rating for the environmental performance of the building, issued by the National Australian Built Environment Rating System under the Building Energy Efficiency Disclosure Act 2010 of the Commonwealth.

Replacement value of a building or part of a building means the cost of rebuilding or replacing the building or part of the building in accordance with the Act, section 161(1)(b).

What may be Made Publicly Available to Strata Committee Members

The Secretary may disclose to the following persons the information specified in clause 43A(1)(j), (m)–(p) or (t) about a strata scheme:

1. a person required to be named on the strata roll for the strata scheme under the Act, section 178,
2. the secretary of the owners corporation,
3. the members of the strata committee of the owners corporation,
4. if there is a building manager for the strata scheme, the manager.

What Information May be Disclosed in this Category

10. if an annual fire safety statement has been issued under the Environmental Planning and Assessment Act 1979 for a building of the strata scheme, the date the most recent statement was issued,

13. the following details of the secretary of the owners corporation:
    
    1. full name,
    2. telephone number,
    3. email address,
14. the following details of the chairperson of the owners corporation:
    
    1. full name,
    2. telephone number,
    3. email address,
15. if there is a strata managing agent appointed for the strata scheme, the following details of the agent:
    
    1. full name,
    2. telephone number,
    3. email address,
    4. the number of the agent’s licence under the Property and Stock Agents Act 2002,
16. if there is a building manager appointed for the strata scheme, the following details of the manager:
    
    1. full name,
    2. telephone number,
    3. email address,

20. whether a strata renewal committee is currently established under the Strata Schemes Development Act 2015 in relation to the strata scheme and, if so, the date the committee was established.

What May be Disclosed to Certain Governing Bodies

3. The Secretary may disclose to the following bodies the information specified in clause 43A(1)(j),
   
   13. (m), (o) or (q) about a strata scheme:
   1. Fire and Rescue NSW,
   2. the local council for the land on which the strata scheme is situated.

What May be Disclosed in this Category

10. if an annual fire safety statement has been issued under the Environmental Planning and Assessment Act 1979 for a building of the strata scheme, the date the most recent statement was issued,

13. the following details of the secretary of the owners corporation:
    
    1. full name,
    2. telephone number,
    3. email address,

15. if there is a strata managing agent appointed for the strata scheme, the following details of the agent:
    
    1. full name,
    2. telephone number,
    3. email address,
    4. the number of the agent’s licence under the Property and Stock Agents Act 2002,

17. the following details of the emergency contact person for the strata scheme:
    
    1. full name,
    2. telephone number,
    3. email address,
    4. the person’s connection to the strata scheme.

What May be Disclosed to Other Authorities

4. The Secretary may disclose to the following bodies the information specified in clause 43A(1)(q) about a strata scheme:
   
   1. NSW State Emergency Service,
   2. Ambulance Service of New South Wales,
   3. NSW Police Force.

What May be Disclosed in this Category

17. the following details of the emergency contact person for the strata Scheme:
    
    1. full name,
    2. telephone number,
    3. email address,
    4. the person’s connection to the strata scheme.

Lodgement Fees

A lodgement fee of $3.00 per lot applies.

The Regulations also provide for penalty fees in the event of non-compliance.

Further Information

Should you require more information please feel free to contact Pierrette Khoury, Khoury Lawyers.

Pierrette Khoury
Khoury Lawyers
P: 0415 459 486
E: [email protected]

This post appears in Strata News #580.

These articles are not intended to be personal advice and you should not rely on it as a substitute for any form of advice.

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