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Home » Bylaws » Bylaws NSW » NSW: Consolidations now apply to Management Statements too…

NSW: Consolidations now apply to Management Statements too…

Published August 14, 2023 By Allison Benson, Kerin Benson Lawyers Leave a Comment Last Updated August 21, 2023

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This NSW article is about amending by-laws for your Neighbourhood, Precinct or Community Association.

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With the introduction on 26 March 2021 of the Community Land Development Act 2021 and its associated regulations (‘the Regulations’) came a raft of changes that affect Neighbourhood, Precinct and Community Associations. In particular, it is now a requirement for an association, when lodging a change of management statement with the Land Registry Service, to provide this change in the form of a consolidated management statement.

So what is a management statement, and what does it mean for it to be in consolidated form?

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A management statement is a document which includes by-laws regulating the management, administration and control of an association scheme and relating to the control or preservation of a theme of the development. A management statement is binding on the association and each person who is an owner, lessee or occupier of a lot within a scheme and as such is an important document for all involved with an association scheme, including prospective purchasers.

An association may wish to change its by-laws at certain times for various reasons – for instance, to allow for improvements to association property for the installation of solar panels or EV charging. To register and make effective such a by-law change requires a change of management statement. Previously, a change to a scheme’s management statement could be registered by providing only the new addition or amendment – however, this is no longer the case. The Regulations clause 28(1) now provides that ‘An amendment to a management statement must be lodged with the Registrar-General in the form of a consolidated version of the management statement that incorporates the amendment.’ This now requires a management statement to concisely record, in a single and readily accessible instrument all of the by-laws that affect the scheme.

Currently, many association schemes may have numerous changes to their management statement in annexed form and will require these changes to be consolidated into the one document prior to the registration of any new changes.

James Webster
Kerin Benson Lawyers
E: [email protected]
P: 02 4032 7990

This is general information and should not be considered to be legal advice. You should obtain legal advice specific to your individual situation.

This post appears in Strata News #659.

Have a question or something to add to the article? Leave a comment below.

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Read next:

  • NSW: Q&A Do We Need a ByLaw For That?
  • NSW: Q&A Which ByLaws Apply to Our Strata Scheme?

This article has been republished with permission from the author and first appeared on the Kerin Benson Lawyer website.

Visit our Strata By-Laws and Legislation OR NSW Strata Legislation pages.

Looking for strata information concerning your state? For state-specific strata information, take a look here.

Are you not sure about some of the strata terms used in this article? Take a look at our NSW Strata Glossary to help with your understanding.

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About Allison Benson, Kerin Benson Lawyers

Allison is a strata lawyer who has provided general strata advice, acted in strata disputes (including building defect disputes) and worked with clients in preparing and enforcing by-laws and strata management statements, since 2008. From 2012 onwards, Allison has acted exclusively on behalf of owners corporations and lot owners in respect of both strata and community association disputes and building and construction disputes.

Allison has extensive experience in commercial litigation and dispute resolution, having represented clients in contractual claims, interpretation of by-laws and rules, Home Building Act claims and levy recovery claims at all levels of court proceedings, including in the Court of Appeal and in the former CTTT (now the NSW Civil and Administrative Tribunal known as NCAT). Allison’s knowledge across a variety of strata schemes matters enables her to advise owners corporations, lot owners and other interested parties on a range of issues and to represent their interests both informally and before the courts.

Allison is a member of the Australian College of Community Association Lawyers (ACCAL), the Newcastle Law Society and the Society of Construction Law Australia. She holds a Bachelor of Laws (Hons) from Macquarie University and a Bachelor of Business from the University of Newcastle.
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Allison is a regular contributor to LookUpStrata. You can take a look at Allison's articles here .

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