While this may not be a very interesting topic for some, for others I’ll have just hit on a sore point. Why? Gardens can be very personal, for instance, I love my slightly untidy but very liveable low maintenance native garden but for some, all they would see is wasted space.
On 30 June 2022 a new information regime comes into effect for strata schemes. That regime is as a result of the Strata Schemes Management Amendment (Information) Regulation 2021.
What effect does this mean for strata managers and self-managed strata schemes?
Owners Corporations will, from 30 June 2022, have to provide information annually to the new Strata Hub.
New regulations 43 to 43C of the Strata Schemes Management Regulations 2016 (NSW) provide for the information that is required to be provided and when it is required. In summary:
When is information required?
For schemes registered before 30 June 2022, the owners corporation must have lodged the required information on the Strata Hub by 30 September. From 1 July 2022 onwards new strata schemes will need to register the required information within three months of the first annual general meeting. All schemes will have to lodge the updated required information annually within three months of their annual general meeting.
What information is required?
The following information is required:
- The strata plan number, date of registration, and address of the strata plan
- If the strata scheme is part of a community or precinct scheme, the date of registration of the community or precinct scheme it is part of
- The number of lots in the strata scheme and the number of lots broken down into the following uses:
- Used for residential purposes
- Used as a retirement village
- For commercial purposes
- For the purposes of a utility lot (a lot that is designed to be used primarily for storage or accommodation of boats, motor vehicles or goods and not for human occupation as a residence, office, shop or the like.); or
- Other purposes
- For a class 2 building (i.e. residential building) the number of stories above ground level
- The date of the most recent annual general meeting
All of this information may be publically disclosed. The information below is to be provided by owners corporation but some of it may only be disclosed to certain people including people named on the strata roll, the secretary, strata committee members, the building manager or to Fire & Rescue NSW or other emergency services.
- If the building has a NABERS rating, that rating
- If an interim or final occupation certificate has been issued for a building in the scheme, the date of that certificate
- If an Annual Fire Safety Statement has been issued – the date of the most recent statement
- If the owners corporation is required to insure the building or part of it the replacement value of the building as specified in the policy or by the NCAT
- The full name, telephone number and email address of each of the secretary and chairperson of the scheme;
- The full name, telephone number and email address of the strata managing agent together with their licence number, if one has been appointed
- The full name, telephone and email address of the building manager, if one has been appointed
- The full name, telephone number and email address of the emergency contact person for the strata scheme and details of their connection with the scheme,
- If the owners corporation is required to establish a capital works fund, the balance of that fund; and
- Whether a strata renewal committee is currently established as part of a strata renewal process.
Note that when lodging documents, a lodgement fee of $3.00 per lot applies to cover the administration and enforcement of this scheme.
Information provided through the Strata Hub.
What are the penalties for non-compliance?
Penalties apply (currently up to $220) for providing incorrect information and not correcting it and also for not providing the information initially (currently up to $5,000).
Allison Benson
Kerin Benson Lawyers
E: allison@kerinbensonlawyers.com.au
P: 02 4032 7990
This is general information and should not be considered to be legal advice. I recommend you obtain legal advice specific to your individual situation.
This post appears in Strata News #553.
Have a question or something to add to the article? Leave a comment below.
Read next:
This article has been republished with permission from the author and first appeared on the Thoughts from a Strata Lawyer website.
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Thank you for your informative article. Although I have been active in Strata (no a Strata manager) for over 50 years this was the first I have heard of what I would call draconian measures by the NSW Government. Not only does this mean Owners Corporations have yet another cost ($3 per lot PLUS the time and effort to compile and manage this specific item) it is unlikely to provide any person – owner/buyer with more information or insight into a strata scheme than before.
I also did not read into this any exemption for small strata schemes (10 lots or less). A lot of these are fully owned by families as investments – they quite frankly do not care for excessive regulation and manage them as one would a single residence.
I am also convinced that the NSW Government has simply gone a bit silly (must be COVID) and completely failed to address what they openly admit are the two big issues in strata being parking and noise. Present provisions for parking are useless and seek to pass the buck to local government (where possible) and noise becomes a police matter (plus EPA issue).
Notwithstanding, thank you for your article – I look forward to seeing more on this matter in the ensuing months.