Strata Laws

Strata laws are complex and often difficult to deal with from the point of view of both an Owners Corporation and the individual owners.

STRATA LAWS

Strata laws are complex and often difficult to deal with from the point of view of both an Owners Corporation and the individual lot owners in the strata plan in relation the interaction between those two groups and the day to day management of the strata building.

Strata laws have recently gone through a series of amendments and have been updated by virtue of the provisions of the Strata Schemes Management Act 2015 and the rules in relation thereto, incorporating inter alia the following:

  1. A limit on the number of proxy votes that a person can hold;
  2. If a majority of lots in a Strata Scheme are tenanted, tenants will be able to sit on the Strata Committee but not vote;
  3. Owners will be permitted to carry out minor cosmetic work without prior authorisation and minor renovations with the Owners Corporation’s consent given at a general meeting;
  4. The by-laws of the scheme will be able to limit the number of persons who reside in a lot, but not less than 2 adults per bedroom;

Lot owners will now also have to deal with proposals by other lot owners or developers for the sale of the building in which the strata scheme is situate and in particular, the Strata Committee must consider any proposals and determine whether or not the proposal to sell the building warrants further consideration. Where such proposal is considered, a review committee must be appointed, a general meeting must be arranged to consider the proposal, and ‘the required level of support’ to pass the proposal will be at least 75%, rather than previously 100%.

Our property team have over 40 years of experience in providing complex advice in regards to strata laws. If you have any queries, please contact our property team at shatcher@aitkenlawyers.com.au or jpeters@aitkenlawyers.com.au or on 02 8987 0000.