New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
A strata management statement must include any information required by the regulations and must not be inconsistent with:
(a) the conditions imposed on a development consent relating to the site of the building to which the statement relates, or
(b) with this or any other Act or any other law.
(1) A strata management statement must provide for:(a) the establishment and composition of a building management committee and its office bearers, and(b) the functions of that committee and those office bearers in managing the building and its site, and(c) the manner in which the statement may be amended, and(d) the settlement of disputes, or the rectification of complaints, concerning the management of the building or its site, whether by requiring reference of disputes or complaints to the Director-General or the Tribunal or (with the consent of the person) to any other person for a recommendation or decision or otherwise, and(e) the manner in which notices and other documents may be served on the committee.
(2) Each body corporate for a strata scheme for part of the building and any other person in whom is vested an estate in fee simple in any part of the building or its site that does not form part of a stratum parcel must be members of the building management committee.
(3) Despite subclause (2), any such body corporate or other person may be excluded from membership, but only with the consent of the body corporate supported by a special resolution or with the written consent of the other person.
(4) A body corporate or other corporation that is a member of a building management committee may be represented for the purposes of the committee by a person appointed by, or selected in accordance with, a special resolution or by-law made by the body corporate or a resolution made by the other corporation.
(5) A person who has been so appointed or selected and whose term of office as such a representative has not expired or been terminated by the body corporate or other corporation is, while representing the body corporate or other corporation for those purposes, taken to be the body corporate or other corporation.
(6) Nothing in a strata management statement requires the Director-General or the Tribunal to do anything without the consent of the Director-General or the Tribunal.
(1) A strata management statement may include provisions regulating (or providing for the regulation of) any one or more of the following:(a) the location, control, management, use and maintenance of any part of the building or its site that is a means of access,(b) the storage and collection of garbage on and from the various parts of the building,(c) meetings of the building management committee,(d) the keeping of records of proceedings of the committee.
(2) A strata management statement may include particulars relating to any one or more of the following:(a) safety and security measures,(b) the appointment of a managing agent,(c) the control of unacceptable noise levels,(d) prohibiting or regulating trading activities,(e) service contracts,(f) an architectural code to preserve the appearance of the building.
(3) This clause does not limit the matters that may be included in a strata management statement.
(4) A strata management statement may incorporate plans and other instruments as part of the statement.
Each strata management statement is taken to include the following provisions, except to the extent that it provides otherwise:
(a) The building management committee must meet at least once each year.
(b) At least 7 days' notice of a meeting must be given to each person who is a member of the committee. Notice may be given personally or by post or in any way any other notice may be given to the person under this Act.
(c) The quorum for a meeting of the committee is a majority of the members.
(d) The decision of a majority of the members present and voting at a meeting of the committee is the decision of the committee.