Monday, July 12, 2010

They're changing NSW strata laws again !!!























All New South Wales statute regulations expire after 5 years and need to be remade.


The Strata Schemes Management Regulation 2005 expires on 1 September 2010 and so the Department of Fair Trading has proposed a replacement regulation and invited comments.


Here are links to the existing regulation, the draft Strata Schemes Management Regulation 2010 and the Regulatory Impact Statement (which discusses the costs and benefits of the proposed regulation).


Most of the proposed regulation is exactly the same and some has been changed to adapt it to suit other law and procedure changes.  But, there's some new and interesting stuff there including -
  • the time for balancing scheme cash records is extended
  • developers need to provide any building valuations they have on handover
  • the limit before requiring multiple quotes for large schemes has increased
  • the limit for legal expenditure without approval has increased (hurrah !!!)
  • strata levy recovery doesn't need approval
  • the amount involved before mortgagee priority votes can be used has increased
  • Department charges have increased (that's a surprise!)
  • the washing by-law is changed to allow washing to be more visible
  • a new by-law allows more electronic communication
  • there's a new form for information certificates under section 109
  • changes are made to the way CTTT applications & orders work
You can (and should if you're involved in strata) make comments by 4 August 2010.


Send them to policy@services.nsw.gov.au or if you use snail mail to Strata Schemes Management Regulation 2010, Fair Trading Policy PO Box 972 PARRAMATTA NSW 2124.


Sometimes, I worry that these law changes are like changing tyres ... the replacement is new but is there really any difference (and especially any improvement) to the car ?


So, help improve strata laws and make comments.  I'm preparing a submission which I'll post to this blog soon.




Francesco

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