STRATA SCHEMES MANAGEMENT ACT 2015 - As at 12 October 2023 - Act 50 of 2015

New South Wales Consolidated Acts

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STRATA SCHEMES MANAGEMENT ACT 2015 - As at 12 October 2023 - Act 50 of 2015 - NOTES

Note to Part 12

This Part gives power to the Tribunal to make orders to settle disputes about certain matters relating to the operation and management of a strata scheme. It also contains general provisions about the powers of the Tribunal and some other order-making powers of the Tribunal.
Initially, an application for an order is processed by the registrar. The registrar must refuse to deal with a matter if satisfied that mediation was appropriate and was not attempted.
A person may either apply to the Secretary for mediation of a matter or make other arrangements for mediation. If mediation of a matter is unsuccessful or a matter is not appropriate for mediation, the registrar may accept the application for the order.
The following table describes the types of orders that may be made and who may apply for them.

To do what?	Who may apply?	Section
	Orders relating to meetings and decisions of owners corporation
To require original owner to provide things to owners corporation	Owners corporation	17
To require meeting to be held	Owner Owners corporation Mortgagee	20
To invalidate resolution or election	Owner First mortgagee of lot	24
To nullify resolution of owners corporation on ground that person was denied vote or notice was not given	Person entitled to vote on resolution	25
To require meeting to be held if no officers or committee after first AGM	Owner Mortgagee Covenant chargee	48
	Orders relating to covenants and other restrictions
To waive, vary or extinguish restriction relating to initial period or to authorise any matter to be done in relation to the waiving, varying or extinguishing of such a restriction	Owners corporation Original owner Owner	27
To comply with obligation imposed by positive covenant	Authority having benefit of positive covenant	234
To refrain from breaching restriction on use of utility lot	Owners corporation Lessor of leasehold strata scheme Owner Occupier of lot	235
To refrain from breaching restriction on use of utility lot within area of local council	Relevant local council	235
	Orders relating to strata managing agents and building managers
To terminate strata managing agent or building manager agreement or make other order about an agreement	Owners corporation	72
To appoint strata managing agent	Person who obtained order under this Act that imposed duty on owners corporation or office holder that has not been complied with Person having estate or interest in lot or, in the case of leasehold strata scheme, lease of lot Authority having benefit of positive covenant that imposes duty on owners corporation Judgment creditor to whom owners corporation owes judgment debt	237
	Orders relating to contributions and funds
To allocate payment of surplus money	Owners corporation Covenant chargee Owner Mortgagee	77
To alter amount of contributions	Owners corporation Lessor of leasehold strata scheme Owner Mortgagee in possession	82
To prevent owners corporation charging interest for late payment of contribution	Owner	85
To require original owner to compensate for inadequate estimates/contributions	Owners corporation Owner	89
	Orders relating to property
To require occupier of lot to allow owners corporation to enter lot	Owners corporation	124
To get consent to existing or proposed alterations or repair of common property	Lessor of leasehold strata scheme Owner	126
To declare work to be cosmetic work or minor renovation	Owner	127
To direct owner to lodge documents under section 19 of Strata Schemes Development Act 2015	Owners corporation Lessor of leasehold strata scheme Owner	128
To require owner to comply with window safety device obligation	Owners corporation	129
To require owners corporation to carry out window safety device function	Interested person (other than owners corporation)	129
To require owners corporation to dispose of personal property	Owner	130
To prevent owners corporation acquiring personal property	Owner	130
To require owners corporation to acquire personal property	Owner	130
To use specified common property for specified purposes	Owner	131
To require owner or occupier to repair damage or compensate for damage	Owners corporation	132
To reallocate unit entitlements	Owners corporation Lessor of leasehold strata scheme Owner of lot (whether or not development lot) Local council Public authority or statutory body representing the Crown, that is empowered to impose a rate, tax or other charge by reference to a valuation of land	236
	Orders relating to by-laws
To revoke amendment to by-laws, revive repealed by-law or repeal new by-law	Person entitled to vote on motion relating to by-law Lessor of leasehold strata scheme	148
To change by-law conferring exclusive rights or privileges over common property	Owners corporation Lessor of leasehold strata scheme Owner Interested person	149
To invalidate by-law	Person entitled to vote on motion relating to by-law Lessor of leasehold strata scheme	150
	Order relating to keeping of animals
To require removal of animal wrongly kept on lot	Interested person	156
To allow person to keep animal on lot	Owner Occupier	157
To remove animal causing nuisance or hazard	Interested person	158
To terminate nuisance, hazard or unreasonable nuisance caused by animal	Interested person	158
	Orders relating to insurance
To adjust proportion of insurance premium to be paid	Person liable to pay premium	162
To exempt from requirement to insure	Person required to insure	172
To require person to make or pursue insurance claim	Owner Lessor of a leasehold strata scheme Sublessee in a leasehold strata scheme Person in whom is vested estate in fee simple or a leasehold estate (in case where part of building is included in part strata parcel) of part of building not included in part strata parcel	174
To require insurance to be taken out	Owner Enrolled mortgagee or person having interest in lot Lessor of leasehold strata scheme Sublessee of common property in a leasehold strata scheme Person in whom is vested estate in fee simple or a leasehold estate (in case where part of building is included in part strata parcel) of part of building not included in part strata parcel Authority having benefit of a positive covenant affecting building or site	175
	Orders relating to records of owners corporation
To allow owners corporation to enter information on strata roll	Owners corporation Owner Person having or acquiring estate or interest in lot	187
To require owners corporation, strata managing agent or office holder to supply records or documents for inspection	Person entitled to inspect records or documents	188
	Orders relating to defective building work
To permit access to lot for inspection or building work	Owners corporation Developer Building inspector Person entitled to enter Secretary	211
To specify contract price	Owners corporation Developer Secretary	211
	General orders for settlement of disputes
To resolve dispute or complaint	Interested person Original owner Building manager	232
To resolve dispute between contiguous strata schemes	Owners corporation	233
	Orders relating to strata committee
To remove person from strata committee	Interested person	238
To remove person from office	Interested person	238
To prohibit strata committee from determining a matter	Interested person	238

Does not include amendments by--

Sec 137B(7) of this Act (sec 137B(7) repeals sec 137B(6) on 26.8.2026)

Historical notes

The following abbreviations are used in the Historical notes:

Am	amended	LW	legislation website	Sch	Schedule
Cl	clause	No	number	Schs	Schedules
Cll	clauses	p	page	Sec	section
Div	Division	pp	pages	Secs	sections
Divs	Divisions	Reg	Regulation	Subdiv	Subdivision
GG	Government Gazette	Regs	Regulations	Subdivs	Subdivisions
Ins	inserted	Rep	repealed	Subst	substituted

See also the Strata Schemes Development Act 2015.

Table of amending instruments

Strata Schemes Management Act 2015 No 50. Assented to 5.11.2015. Date of commencement, Part 11, cl 15 of Sch 1 and cl 16 of Sch 3 excepted, 30.11.2016, sec 2 and 2016 (492) LW 12.8.2016; date of commencement of Part 11, cl 15 of Sch 1 and cl 16 of Sch 3, 1.1.2018, sec 2 and 2016 (492) LW 12.8.2016. The proclamation published on the legislation website on 12.8.2016 was amended by the Electronic Transactions Legislation Amendment (Government Transactions) Act 2017 No 25. Assented to 27.6.2017. Date of commencement, assent, sec 2. This Act has been amended as follows--

2016	(501)	Strata Schemes Management Regulation 2016. LW 12.8.2016. Date of commencement of cll 67 and 68, 30.11.2016, cl 2 (1).
	No 54	Justice Portfolio Legislation (Miscellaneous Amendments) Act 2016. Assented to 25.10.2016. Date of commencement, assent, sec 2.
	No 55	Statute Law (Miscellaneous Provisions) Act (No 2) 2016. Assented to 25.10.2016. Date of commencement of Sch 1.30, 6.1.2017, sec 2 (1).
2017	No 22	Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 3, 7.7.2017, sec 2 (3).
	No 28	Home Building Amendment (Compensation Reform) Act 2017. Assented to 27.6.2017. Date of commencement of Sch 2.7, 1.1.2018, sec 2 and 2017 (701) LW 15.12.2017.
	No 63	Statute Law (Miscellaneous Provisions) Act (No 2) 2017. Assented to 23.11.2017. Date of commencement of Sch 4.49, 14.1.2018, sec 2 (3).
2018	No 5	Property, Stock and Business Agents Amendment (Property Industry Reform) Act 2018. Assented to 21.3.2018. Date of commencement of Sch 2.16, 23.3.2020, sec 2 and 2019 (625) LW 16.12.2019.
	No 20	Electoral Funding Act 2018. Assented to 30.5.2018. Date of commencement, 1.7.2018, sec 2 and 2018 (365) LW 29.6.2018.
	No 41	Fair Trading Amendment (Short-term Rental Accommodation) Act 2018. Assented to 21.8.2018. Date of commencement, 10.4.2020, sec 2 and 2020 (86) LW 13.3.2020.
	No 49	Strata Schemes Management Amendment (Building Defects Scheme) Act 2018. Assented to 27.9.2018. Date of commencement, 1.7.2020, sec 2 and 2020 (299) LW 26.6.2020.
	No 65	Fair Trading Legislation Amendment (Reform) Act 2018. Assented to 31.10.2018. Date of commencement of Sch 4.5, 1.10.2019, sec 2 (2) and 2019 (270) LW 28.6.2019; date of commencement of Sch 7.15, assent, sec 2 (1); date of commencement of Sch 8.10, 1.2.2020, sec 2(2) and 2019 (634) LW 20.12.2019.
	No 79	Fair Trading Legislation Amendment (Miscellaneous) Act 2018. Assented to 28.11.2018. Date of commencement of Sch 3, 1.7.2020, sec 2.
2020	No 5	COVID-19 Legislation Amendment (Emergency Measures--Miscellaneous) Act 2020. Assented to 14.5.2020. Date of commencement of Sch 1.31, assent, sec 2(1).
2021	No 1	Strata Schemes Management Amendment (Sustainability Infrastructure) Act 2021. Assented to 24.2.2021. Date of commencement of Sch 1[1[#93]-[5[#93][7[#93]-[9[#93] and [15[#93]-[17[#93], assent, sec 2(1); date of commencement of Sch 1[6[#93], 25.8.2021, sec 2(2)(b); date of commencement of Sch 1[10[#93]-[14[#93], 1.7.2021, sec 2(3) and 2021 (271) LW 11.6.2021.
	No 5	COVID-19 Recovery Act 2021. Assented to 25.3.2021. Date of commencement of Sch 1.28, assent, sec 2(1).
	No 6	Community Land Development Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021.
	No 7	Community Land Management Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (599) LW 14.10.2021.
	No 10	Real Property Amendment (Certificates of Title) Act 2021. Assented to 24.5.2021. Date of commencement of Sch 3, 11.10.2021, sec 2(1) and 2021 (476) LW 27.8.2021.
	No 32	Customer Service Legislation Amendment Act 2021. Assented to 29.11.2021. Date of commencement of Sch 1.19, assent, sec 2(1).
2022	No 5	COVID-19 and Other Legislation Amendment (Regulatory Reforms) Act 2022. Assented to 24.3.2022. Date of commencement of Sch 1.17[1[#93] and [2[#93], assent, sec 2(1); date of commencement of Sch 1.17[3[#93]-[10[#93], 30.9.2022, sec 2(3) and 2022 (555) LW 23.9.2022.
	No 59	Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2.
	No 61	Building and Other Fair Trading Legislation Amendment Act 2022. Assented to 14.11.2022. Date of commencement, assent, sec 2.

This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.

Table of amendments

Sec 4	Am 2016 No 55, Sch 1.30; 2018 No 5, Sch 2.16[1[#93]; 2018 No 49, Sch 1[1[#93]; 2021 No 1, Sch 1[1[#93]; 2021 No 6, Sch 5.19; 2022 No 59, Sch 3.65[1[#93] [2[#93].
Sec 5	Am 2021 No 1, Sch 1[2[#93].
Sec 16	Am 2021 No 10, Sch 3.23[1[#93] [2[#93].
Sec 49	Am 2018 No 5, Sch 2.16[2[#93].
Sec 57	Am 2018 No 20, Sch 3.7.
Sec 58	Am 2018 No 5, Sch 2.16[2[#93].
Sec 63	Am 2018 No 5, Sch 2.16[2[#93].
Sec 65	Am 2018 No 5, Sch 2.16[2[#93].
Sec 85	Am 2016 No 54, Sch 1.15 [1[#93] [2[#93].
Sec 86	Am 2016 No 54, Sch 1.15 [3[#93].
Sec 94	Am 2018 No 65, Sch 8.10[1[#93].
Sec 108	Am 2021 No 1, Sch 1[3[#93].
Part 6, Div 5 (sec 125)	Rep 2020 No 79, Sch 3.10.
Sec 128	Am 2017 No 63, Sch 4.49 [1[#93].
Part 6, Div 7, heading	Ins 2018 No 65, Sch 4.5 [1[#93]. Am 2021 No 1, Sch 1[4[#93].
Part 6, Div 7	Ins 2018 No 65, Sch 4.5 [1[#93].
Sec 132A	Ins 2018 No 65, Sch 4.5 [1[#93].
Sec 132B	Ins 2021 No 1, Sch 1[5[#93].
Sec 137A	Ins 2018 No 41, Sch 2.
Sec 137B	Ins 2021 No 1, Sch 1[6[#93].
Sec 141	Am 2021 No 1, Sch 1[7[#93].
Sec 181	Am 2018 No 5, Sch 2.16[2[#93].
Sec 182	Am 2021 No 1, Sch 1[8[#93]; 2021 No 10, Sch 3.23[3[#93].
Sec 184	Am 2018 No 65, Sch 8.10[1[#93].
Sec 186	Am 2021 No 1, Sch 1[9[#93].
Sec 191	Am 2017 No 28, Sch 2.7 [1[#93] [2[#93].
Sec 194	Am 2018 No 49, Sch 1[2[#93]-[5[#93].
Sec 196	Am 2018 No 49, Sch 1[6[#93] [7[#93].
Sec 198A	Ins 2018 No 49, Sch 1[8[#93].
Sec 207	Am 2018 No 49, Sch 1[9[#93]-[11[#93].
Sec 207A	Ins 2018 No 49, Sch 1[12[#93].
Sec 208	Am 2018 No 49, Sch 1[13[#93] [14[#93].
Sec 209	Am 2018 No 49, Sch 1[15[#93]-[20[#93].
Sec 209A	Ins 2018 No 49, Sch 1[21[#93].
Sec 210	Am 2018 No 49, Sch 1[22[#93] [23[#93].
Sec 210A	Ins 2018 No 49, Sch 1[24[#93].
Sec 211	Am 2018 No 49, Sch 1[25[#93]-[27[#93].
Sec 211A	Ins 2018 No 49, Sch 1[28[#93].
Part 11, Div 3AA	Ins 2022 No 61, Sch 1.6.
Sec 211AA	Ins 2022 No 61, Sch 1.6.
Part 11, Div 3A (secs 211B-211M)	Ins 2018 No 49, Sch 1[29[#93].
Sec 213	Am 2018 No 49, Sch 1[30[#93].
Secs 213A, 213B	Ins 2018 No 49, Sch 1[31[#93].
Sec 214	Am 2018 No 49, Sch 1[25[#93] [32[#93] [33[#93].
Sec 215A	Ins 2018 No 49, Sch 1[34[#93].
Sec 228	Am 2021 No 1, Sch 1[10[#93]-[12[#93].
Sec 236	Am 2017 No 63, Sch 4.49 [2[#93] [3[#93].
Sec 237	Am 2018 No 5, Sch 2.16[2[#93].
Sec 246	Am 2021 No 10, Sch 3.23[4[#93].
Sec 247A	Ins 2021 No 1, Sch 1[13[#93].
Sec 248	Am 2021 No 1, Sch 1[14[#93].
Sec 250	Subst 2017 No 22, Sch 3.73. Am 2018 No 49, Sch 1[30[#93].
Sec 250A	Ins 2018 No 49, Sch 1[35[#93].
Sec 251	Am 2018 No 49, Sch 1[36[#93] [37[#93].
Sec 253	Am 2021 No 7, Sch 4.21[1[#93].
Sec 257	Am 2018 No 49, Sch 1[30[#93].
Sec 257A	Ins 2018 No 49, Sch 1[38[#93].
Sec 260	Am 2018 No 49, Sch 1[39[#93].
Sec 261	Am 2018 No 65, Sch 7.15 [1[#93].
Sec 262	Am 2018 No 65, Sch 7.15 [2[#93].
Sec 263	Am 2018 No 65, Sch 7.15 [3[#93]; 2022 No 5, Sch 1.17[1[#93] [2[#93].
Sec 264	Am 2018 No 65, Sch 7.15 [4[#93] [5[#93].
Sec 271	Am 2018 No 49, Sch 1[40[#93]; 2021 No 7, Sch 4.21[2[#93] [3[#93].
Sec 271A	Ins 2020 No 5, Sch 1.31[1[#93]. Am 2021 No 5, Sch 1.28; 2021 No 32, Sch 1.19[1[#93]. Rep 2022 No 5, Sch 1.17[3[#93].
Sec 272	Am 2022 No 5, Sch 1.17[4[#93]-[6[#93].
Sec 273	Am 2022 No 5, Sch 1.17[7[#93] [8[#93].
Sec 276A	Ins 2021 No 1, Sch 1[15[#93].
Sch 1	Am 2018 No 65, Schs 4.5 [2[#93], 8.10[2[#93]; 2021 No 1, Sch 1[16[#93]; 2022 No 5, Sch 1.17[9[#93].
Sch 2	Am 2022 No 5, Sch 1.17[10[#93]
Sch 3	Am 2016 (501), cll 67, 68; 2020 No 5, Sch 1.31[2[#93]; 2021 No 1, Sch 1[17[#93]; 2022 No 59, Sch 2.44.
Sch 4	Rep 1987 No 15, sec 30C.

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