The Strata Schemes Management Amendment (Information) Regulation, 2021 (NSW) commences on 30th June 2022.
Owners Corporations will have to provide information annually to Fair Trading in the approved form:
- for the first time—
- if the first annual general meeting of the owners corporation is held on or before 30 June 2022—by 30 September 2022, or
- otherwise—within 3 months after the first annual general meeting of the owners corporation, and
- for each subsequent calendar year—within 3 months after the annual general meeting of the owners corporation.
Failure to do so attracts penalties.
When giving the information, the Owners Corporation must pay the Secretary an administration fee of $3.00 per lot.
A pre-populated from will be issued containing basic strata information.
Strata Hub required information
For the purposes of the new regulation, the following information must be provided:
- the strata plan number of the strata scheme,
- the date of registration of the strata plan for the strata scheme,
- if the strata scheme is part of a community scheme—the date of registration and the number of the community plan, within the meaning of the Community Land Management Act 2021,
- if the strata scheme is part of a precinct scheme—the date of registration and the number of the precinct plan, within the meaning of the Community Land Management Act 2021,
- the address of the parcel of the strata scheme,
- the total number of lots in the strata scheme,
- the number of lots in the strata scheme used for the following purposes—
- residential purposes,
- the purposes of a retirement village,
- commercial purposes,
- the purposes of a utility lot,
- other purposes,
- if a building of the strata scheme has a NABERS rating—the rating,
- if an interim or final occupation certificate has been issued under the Environmental Planning and Assessment Act 1979 for a building of the strata scheme—the date the certificate was issued,
- if an annual fire safety statement has been issued under the Environmental Planning and Assessment Act 1979 for a building of the strata scheme—the date the most recent statement was issued,
- for a class 2 building, within the meaning of the Building Code of Australia, of the strata scheme—the number of storeys above ground level in the building,
- if the owners corporation is required to insure a building, or part of a building, of the strata scheme under the Act, section 160—the replacement value of the building, or the part of the building, as—
- specified in the damage policy for the building, or
- determined by the Tribunal under the Act, section 162(3),
- the following details of the secretary of the owners corporation—
- full name,
- telephone number,
- email address,
- the following details of the chairperson of the owners corporation—
- full name,
- telephone number,
- email address,
- if there is a strata managing agent appointed for the strata scheme—the following details of the agent—
- full name,
- telephone number,
- email address,
- the number of the agent’s licence under the Property and Stock Agents Act 2002,
- if there is a building manager appointed for the strata scheme—the following details of the manager—
- full name,
- telephone number,
- email address,
- the following details of the emergency contact person for the strata scheme—
- full name,
- telephone number,
- email address,
- the person’s connection to the strata scheme,
Examples of connections to strata scheme— The person may be the secretary, chairperson or another officer of the owners corporation for the scheme, the strata managing agent for the scheme, the building manager for the scheme or the owner or occupier of a lot in the scheme.
- the date of the most recent annual general meeting of the owners corporation,
- if the owners corporation is required to establish a capital works fund under the Act, section 75—the balance of the fund, as specified in the most recent financial statements,
- whether a strata renewal committee is currently established under the Strata Schemes Development Act 2015 in relation to the strata scheme and, if so, the date the committee was
The above information is categorised as follows:
- Information which may be disclosed publicly.
- Information which may only be disclosed to persons on the strata roll for the relevant scheme.
- Information which may be disclosed to entities with which Fair Trading has information sharing arrangements.
- Information to be retained by Fair Trading for compliance purposes.
There are also obligations to correct or update information already provided, within 28 days after the secretary of the Owners Corporation or strata managing agent becoming aware of circumstances of incorrect particulars having been supplied. Fines apply.
Should you require any further information please contact our office. We will be collating the relevant details for all the clients we manage and submit in accordance with the new legislation. If your scheme is not managed by our team, we strongly recommend you contact your strata manager to ensure the required information is collated and submitted within the statutory timeframe.
Do you have a question relating to your property or development? Contact us!
‘Liability limited by a scheme approved under Professional Standards Legislation’.