NSW Strata Legislation

Strata Legislation NSW

Strata Schemes Management Act 2015 No 50

An Act with respect to the management of strata schemes and disputes related to strata schemes, NSW strata bylaws and other matters.

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Strata Schemes Management Regulation 2016

Strata Schemes Management Regulation 2016 is made under Strata Schemes Management Act 2015 and contains the model bylaws for NSW strata schemes. These are divided into:

• SCHEDULE 2 – BY-LAWS FOR PRE-1996 STRATA SCHEMES
• SCHEDULE 3 – MODEL BY-LAWS FOR RESIDENTIAL STRATA SCHEMES

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Strata Schemes Development Act 2015

The SSDA regulates among other things:

• the implementation of strata plans of subdivision, the subdivision of land into cubic spaces and the creation of titles thereto; and
• requirements for the issue of strata certificates by local councils or by accredited certifiers; and
• variation, termination and renewal of strata schemes.

The SSDA further amends and/or legislation including the Conveyancing Act 1919, the Local Government Act 1919, the Land Tax Management Act 1956, the Real Property Act 1900, the Land Tax Management Act 1956.

The Strata Schemes Development Regulation 2016 is enacted under the SSDA 2015. It commenced on 30th November 2016 and provides for the implementation and administrative detail required for matters including:

• the issuance of strata certificates,
• lodgement of plans eg strata plan of subdivision with the Registrar General
• collective sale or redevelopment of strata schemes
• payment of fees
• prescribed form and content of plans, administration sheets and schedules of unit entitlements.

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Community Land Management Act 2021

An Act to provide for the management of community schemes, precinct schemes and neighbourhood schemes established by the subdivision of land under the Community Land Development Act 2021; and for other purposes.

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Community Land Development Act 2021

An Act to facilitate the subdivision and development of land with shared property; and for other purposes.

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Property and Stock Agents Act 2002

An Act to provide for the regulation of property, stock and business agents.

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NSW Fair Trading

Strata: Advice for living in, or buying into, a strata community

Strata schemes are effectively small communities where the activities and attitudes of residents can have a significant impact on the satisfaction and enjoyment of others. Therefore, it is important to be aware of your responsibilities and obligations when you own or live in a strata unit.

Strata Scheme and Residential Tenancy Forms

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NSW Civil & Administrative Tribunal (NCAT)

Strata Schemes information

Applications can be made by lot owners, owners corporations and occupiers concerning strata, community and neighbourhood scheme disputes. Parties must generally attempt mediation before lodging an application.

Useful Links for Strata Legislation NSW

NSW Fair Trading

Strata regulator for New South Wales.

Common Property Memorandum

This common property memorandum, based on the Strata Schemes Management Act 2015, specifies whether an owner of a lot or the owners corporation is responsible for the maintenance, repair or replacement of any of the common property.

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Strata Community Association (NSW)

The leading professional body for the strata and community title sector in New South Wales with lots of strata title information.

Who’s Responsible: A Guide to Common Property

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Owners Corporation Network (OCN)

OCN is an organisation of owners helping owners – people who have experience in strata living; who have confronted many of its inherent problems; and who have evolved strategies for dealing with the problems that the rapid growth in apartment and townhouse living inevitably brings.

OCN’s expertise is based not only on knowledge and experience but on empathy – they understand the emotional impact of strata issues, as well as the legal, social and financial implications of living under a different set of rules from those that apply to free-standing homes.

OCN strives to improve strata living via education and advocacy.

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City of Sydney: Apartment Living

Different rules and approaches in apartments can apply and not everyone is used to high-density living, so the City of Sydney developed a series of workshops to provide new strata residents with tips and strategies.

Strata Skills 101 workshops kicked off in 2012 and are continuing in 2013. The interactive workshops are presented by experts and run for 2 to 3 hours each.

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Australian Resident Accommodation Managers Association ARAMA (NSW)

The membership based industry body representing people involved in the Management Rights of property that operates under body corporate, strata or community title across NSW.

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NSW Department of Planning & Environment

SEPP 65 – Apartment Design Guide: Tools for improving apartment design in NSW

The Apartment Design Guide provides consistent planning and design standards for apartment development across the State. It is a resource to enable councils, planners, developers and architects to improve residential apartment design.

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Faculty of Built Environment, University of NSW

City Futures Research Centre

Renewing the Compact City: Interim Report

Laurence Troy, Hazel Easthope, Bill Randolph, Simon Pinnegar – City Futures Research Centre

This report presents data from the first stage of a research project called Renewing the Compact City which aims to investigate economically viable and socially sustainable approaches to the renewal of existing multi-unit strata titled residential development in Sydney.

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Tenants’ rights manual: a practical guide to renting in NSW, 4th edition

Tenants’ Union of NSW
Especially for tenants and people who work with tenants on issues to do with renting.

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Smoke-free Apartments: A Guide to Smoke-free Living

Cancer Council NSW
Residents of apartment buildings are more at risk of second-hand smoke exposure because smoke can easily move between residences.

This toolkit is designed to help residents and owners corporations to make their apartment complex smoke-free.

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NSW: Engaging with Parliament – Contact your member

If you believe there is a strata issue that needs to be brought to the government’s attention.

Forms for Strata Legislation NSW

NSW Fair Trading

Provides access to a PDF version of a number of strata title forms HERE. Or individual forms can accessed via the following links:

• Application for Mediation – including instructions and a checklist of items to include prior to submitting the application.
• Notice to Comply with a By-Law – including important information & notes on how the notice can be served.
• Proxy Appointment Form – including some notes on how the form can be used.
• Section 184 Certificate.

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NSW Land & Property Information

Provides access to a PDF version of a number of strata title forms. See the below links for direct access to some of the commonly used forms:

• Change of Address of an Owners Corporation 15CA.
• Consolidation/Change of by-laws 15CH.
• Conversion of a Strata Lot to Common Property 15CD.
• Order Affecting a Strata Plan 15SO.
• Termination of a Strata Scheme 15ST.

Problems With Apartments? Complaint handling in your owners corporation – Strata Legislation NSW

NSW Fair Trading

Have a read of the Strata & Community Disputes page which outlines the process, covering the following steps:

1. Talking about it
2. Mediation – NSW Civil & Administrative Tribunal (NCAT) contains a page on Mediation.
3. Notice to comply with a by-law – Notice to comply with a by-law form in PDF.

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The NSW Civil and Administrative Tribunal (NCAT)

Have a read of the Community schemes adjudication page which outlines the process involved.

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Neighbours and the law

Nadine Behan. Published by the Legal Information Access Centre (LIAC), State Library of New South Wales, 2012. An easy to understand guide to the different areas of law that are involved in neighbourhood issues and disputes. Covers areas that commonly cause problems between neighbours including: dividing fences, retaining walls, overhanging branches, animals and noise, including a section discussing:

Disputes and how to resolve them. If you have a problem with your neighbour, or your neighbour has a problem with you, it is important to try to resolve it as early as possible. Once a problem escalates, it can result in entrenched conflict that becomes disabling for all concerned and very difficult to resolve.

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What to do if you are unhappy with your strata manager

NSW Fair Trading provides information about dealing with your Strata managing agent on its Q&A page. They cover the following topics:

• How much influence do we have over the managing agent?
• Our strata manager is terrible. He never follows up on our requests for repairs and we think his fees are too high for the work he does. Sometimes we aren’t certain he is following the Strata Schemes Management Act 2015 exactly.
• We sacked our managing agent – now they will not give us the financial records. What do we do?
• How do we find a good managing agent?