True or False?

10 December 12


A General Meeting resolution is required before an Owners Corporation can change its postal address?

Special levies and certain other income must be paid into the Administration Fund, not the Sinking Fund?

Notices for each AGM must contain a Motion to consider auditing and office bearer liability insurance, even though year after year the owners reject such Motions?

An Owners Corporation can only change the timing of their Annual General Meeting by applying to the Consumer, Trader and Tenancy Tribunal (CTTT) for an Order?

The law requires that any vacancy on an Executive Committee be filled, even if the Scheme may otherwise be perfectly content to carry the vacancy, particularly if a fresh election is just around the corner?


The above are examples of unnecessary red tape in the NSW strata legislation. The original (ground breaking) strata laws in NSW contained only 29 provisions. Today, the Strata and Community Scheme laws are spread across five separate Acts and five associated Regulations. In total there are now more than 1,500 provisions covering some 926 pages.

This unnecessary complexity creates an environment where unintentional breaches of the law are common and many people feel the need to go to the trouble and expense of obtaining advice and assistance from specialist lawyers, even on fairly routine matters.

One option to reduce this uncertainty and confusion is to combine all the laws into the one Act. This approach has been taken in many other jurisdictions, including Queensland, which has one Act common to all Schemes with five different sets of Regulations for different types and sizes of Schemes.

These anomalies have been highlighted in the Discussion Paper on the Strata Schemes Management Act recently released by the Department of Fair Trading.

Let’s hope the Government does something about it this time!


Contact Us Now

Phone:+ 61 7 5552 6666
Fax:+ 61 7 5528 0955
Address:Level 2, 17 Welch St Southport, Qld, 4215
Postal:PO Box 1876
Southport 4215



Most Popular Articles

Management Rights News

Number of news items returned: 1 to 15 records of 113

The Different Types of Caretaking Agreements

17 November 2014


 Essentially, there are three types of caretaking agreements in the marketplace: “Do” agreements; “Supervisory” agreements; Hybrid “Do” and “Supervisory” agreements. “Do” Agreements A “Do” agreement ...

Unit Entitlement in NSW

11 February 2013


The issue of unit entitlement was recently looked at again as part of the Department of Fair Trading’s Discussion Paper ...


16 July 2015


This month, we continue our examination of various clauses within caretaking and letting agreements and the important considerations to be ...

Is it Time to Change the Management Rights Model?

13 May 2013


I think the time is right for the management rights industry to explore the creation of a new model. I ...

What Managers Need to know about the NSW Child Window Safety Devices Act 2013

17 January 2014


Resident building managers have general obligations under their Caretaking Agreements to assist Owners Corporations with building and compliance issues. Managers ...

Short-Term Letting, Occupancy Limits And Tenant Representatives In NSW Strata

25 July 2017


Occupancy Limits By-laws in NSW may limit the number of adult residents in a lot. The limit however cannot be fewer ...

Be Careful with your Proxies!

03 October 2013


In June this year, I wrote an article headed “Proxy Farming”, which set out the relevant restrictions on caretakers using ...

The Law Relating to Management Rights in Queensland

14 June 2010


This article looks at the legislation in Queensland dealing with the constraints and obligations imposed on developers whilst they control ...

Duty Bound or Duty Free - Do you know what Your Duties Are?

23 September 2013


The day-to-day care and maintenance of your resort facilities and communal areas is essential to its ongoing performance and success. ...

Caretaking and Letting Agreement Essentials Part 1

03 September 2014


We regularly prepare caretaking and letting agreements for new developments. However, it has become increasingly common for us to be ...

For Your Eyes Only!

15 April 2013


Information is a commodity and for many, information is power. As you would most likely know from personal experience, the right ...

Owners Corporation Insurance - How do we Stop the Spiraling Costs?

12 August 2013


In NSW, all strata schemes are required to be insured for the full replacement value, as well as public liability ...

Proxy Farming

10 June 2013


It is often stated that Strata and Community Schemes represent the “fourth tier of Government” and, as such, voting (either ...

"Legal Action", All those in Favour say "Why"

15 July 2013


I was recently involved in a New South Wales matter where an Executive Committee had received extensive legal advice from ...

Not Getting the Fundamentals Right

15 October 2013


A recent decision of the NSW Consumer, Trader and Tenancy Tribunal (CTTT) has highlighted the importance of ensuring that the ...