New South Wales (NSW) has recently implemented significant reforms to its strata management laws, aiming to enhance transparency, accountability, and the overall living experience within strata communities. These changes coming into force now, were introduced through the Strata Legislation Amendment Bill 2023, affect property owners, strata committees, and managing agents.
Strata managing agents are now required to provide comprehensive disclosures to owners’ corporations. This includes revealing any affiliations with suppliers and developers, detailed breakdowns of insurance quotes (highlighting commissions and broker fees), and real-time reporting of new connections or interests. These measures aim to eliminate conflicts of interest and ensure that decisions made are in the best interests of the strata community.
Strata committee members now have increased legal responsibilities. Mandatory training has been introduced to ensure members comprehend their duties, with non-compliance potentially leading to removal from their position. This reform seeks to promote informed decision-making and uphold the integrity of strata governance.
New provisions have been introduced to support owners facing financial difficulties. Strata levy notices must now include information on available financial counselling services, such as contact details for the National Debt Helpline. Additionally, strata committees are empowered to establish payment plans with owners in hardship, facilitating more flexible and supportive financial arrangements.
Aligning with Australian Consumer Law, unfair contract terms are now banned in contracts for goods and services received by strata schemes. This ensures that all contractual agreements are fair and equitable, protecting the rights of the owners’ corporations.
To facilitate property enhancements, the approval process for minor renovations has been streamlined. This change encourages property improvements while reducing bureaucratic hurdles, benefiting both individual owners and the broader community.
NSW Fair Trading has been granted improved enforcement powers to oversee strata management practices. This enhancement aims to ensure compliance with the new disclosure requirements, focusing on protecting property owners and promoting transparency in insurance arrangements and supplier relationships.
These reforms represent the most substantial changes since 2015. They are designed to better protect individuals in strata schemes, ensure fairer practices, and enhance the overall living experience within these communities. As these laws come into effect, stakeholders are encouraged to familiarise themselves with the changes to ensure compliance and to fully benefit from the improved regulatory framework.