Community Land Management Act 2021 (NSW)
Strata Schemes Legislation Amendment
Act 2025 No 14, Sch 2[6] [7], except to the extent it substitutes section 41(1), [28] [35] [47] [48] and [57], to the extent it inserts the definitions of
Strata Schemes Legislation Amendment (Miscellaneous) Bill 2025
An Act with respect to the management of community, precinct and neighbourhood subdivision schemes; and for other purposes.
This Act is the Community Land Management Act 2021.
This Act commences on a day or days to be appointed by proclamation.
The objects of this Act are as follows—
(a) to provide for the management of community, precinct and neighbourhood schemes,
(b) to provide for the resolution of disputes arising from those schemes.
The Dictionary to this Act defines certain terms used in this Act.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
Notes included in this Act do not form part of this Act.
In this Act, a resolution of an association is a
(a) it is passed at a properly convened meeting of the association, and
(b) of the value of the votes cast—
(i) not more than 25% are against the resolution, or
(ii) if the resolution is a sustainability infrastructure resolution—less than 50% are against the resolution, or
(iii) if the resolution is an accessibility infrastructure resolution—less than 50% are against the resolution.
In this Act, a resolution of an association is a
For the purposes of determining the
(a) the value of the vote of a subsidiary body is equal to the unit entitlement of the former community development lot that was subdivided to constitute the subsidiary body, and
(b) the value of the vote of the owner of a community development lot is equal to the unit entitlement of the community development lot.
For the purposes of determining the
(a) the value of the vote of a subsidiary body is equal to the unit entitlement of the former precinct development lot that was subdivided to constitute the subsidiary body, and
(b) the value of the vote of the owner of a precinct development lot is equal to the unit entitlement of the precinct development lot.
For the purposes of determining the
However, if the total unit entitlement of lots for which the original owner is entitled to a vote is not less than half of the total unit entitlement for the association, the value of the vote in respect of those lots is taken to be reduced by two-thirds, ignoring any fraction.
A motion or election that is not required to be approved by a special resolution or unanimous resolution is passed by a simple majority of votes, unless there is a poll (see Schedule 1, clause 13).
In this Act—
For the purposes of this Act, a person (the
(a) is a relative (within the meaning of the Local Government Act 1993) of the principal person or, if the principal person is a corporation, is a relative of the holder of an executive position in the corporation, or
(b) is employed or engaged by the principal person or is a business partner of the principal person, or
(c) if the principal person is a corporation—holds an executive position in the corporation, or
(d) is the employer of the principal person, or
(e) is employed or engaged by, or holds an executive position in, a corporation that also employs or engages the principal person or in which the principal person holds an executive position, or
(f) has another connection or association with the principal person of a kind prescribed by the regulations.
However, the principal person is not connected with a member of an association, or the committee of an association, merely because of any dealing, contact or arrangement the member has with the principal person in the capacity of a member of the association or committee.
In this section,
The association for a scheme has the principal authority for the management of the scheme.
An association has, for the benefit of members of, and owners of lots in, the scheme—
(a) the management and control of the use of the association property, and
(b) the administration of the scheme.
An association has responsibility for the following—
(a) managing the finances of the scheme (see Part 5),
(b) keeping accounts and records for the scheme (see Parts 5 and 10),
(c) maintaining and repairing its property (see Part 6),
(d) taking out insurance for the scheme (see Part 9).
An association has the other functions that are conferred or imposed on it by or under this or any other Act.
An association must not delegate any of its functions to a person unless the delegation is specifically authorised by this Act.
An association may be assisted in the carrying out of its management functions under this Act by 1 or more of the following—
(a) the association committee of the association,
(b) a managing agent for the scheme appointed in accordance with Part 4,
(c) a facilities manager for the scheme appointed in accordance with Part 4.
An association may employ the persons it thinks fit to assist it in the exercise of any of its functions.
An association must ensure that a person employed to assist it in the exercise of a function has the qualifications, if any, required by this Act or any other law for the exercise of that function.
The following functions of an association, association committee or officer of an association may be delegated to or conferred only on a member of the association committee or a managing agent—
(a) the preparation of estimates for the purposes of section 83,
(b) the levying of contributions,
(c) the receiving of, acknowledgement of, banking of or accounting for money paid to the association,
(d) having custody of any money paid to the association or making payments from money paid to the association,
(e) taking out insurance required or permitted by this Act,
(f) the conduct of meetings of the association and handling of correspondence,
(g) the maintenance of records required to be kept under this Act,
(h) other functions that are prescribed by the regulations.
This section is subject to sections 58 and 105.
The original owner of land subdivided by a community plan, precinct plan or neighbourhood plan must convene and hold a general meeting of the association, in accordance with this Act and the regulations, within 2 months of the expiration of the initial period.
Maximum penalty—
(a) 100 penalty units, and
(b) for a continuing offence—a further 2 penalty units for each day the offence continues.
An original owner who fails to comply with this section remains liable to the penalty for the contravention even if the Tribunal makes an order under this Division or a meeting is convened or held in accordance with the order or otherwise.
An original owner required to convene the first annual general meeting of an association must give at least 14 days notice of the first annual general meeting to—
(a) each member of the association, and
(b) each first mortgagee or covenant chargee of a development lot or neighbourhood lot who is shown on the association roll, and
(c) each tenant of a neighbourhood lot or strata lot who has been notified to the association in accordance with this Act as a tenant of the lot.
The agenda for the first annual general meeting of an association must be set by the original owner.
The agenda for the first annual general meeting of an association must include the following items and may include other items—
(a) to decide whether the amount of a contribution required to be made to the administrative fund or capital works fund should be confirmed or varied,
(b) to determine the number of members of the association’s committee and to elect the committee,
(c) to decide whether insurances taken out by the association should be confirmed, varied or extended,
(d) to decide if any matter or class of matter is to be determined by the association in general meeting,
(e) to decide whether by-laws should be made or changed, including by-laws controlling, prohibiting or otherwise regulating the passage of persons through, and the activities of persons on, private access ways and, to an extent not inconsistent with this or any other Act or law, open access ways,
(f) to decide whether an agreement to which section 122 applies should be ratified,
(g) to decide whether a managing agent should be appointed by the association and, if appointed, what functions of the association should be delegated to the managing agent,
(h) if there is a managing agent—a form of motion to consider the report by the agent as to whether, and what, commissions have been paid or are likely to be payable to the agent for the following 12 months,
(i) to decide whether a facilities manager should be appointed and, if appointed, what functions the facilities manager should exercise,
(j) to receive the documents required to be provided under section 14,
(k) to consider the accounting records and last financial statements prepared,
(l) to consider the initial maintenance schedule,
(m) to decide whether an auditor should be appointed and to appoint an auditor,
(n) if the association is a community association or is a neighbourhood association that is not part of a community scheme—to consider whether a revised schedule of unit entitlements should be registered under the Community Land Development Act 2021,
(o) any item prescribed by the regulations for the purposes of this section.
An original owner required to convene a meeting under this Division must deliver the following to the association at least 14 days before the first annual general meeting of the association, or within 3 years after the scheme is registered, whichever is earlier—
(a) all plans, specifications, occupation certificates or other certificates, diagrams, depreciation schedules and other documents (including policies of insurance) relating to the scheme parcel,
(b) without limiting paragraph (a), all planning approvals, complying development certificates and related endorsed plans, approvals, “as built” drawings, compliance certificates (within the meaning of the Environmental Planning and Assessment Act 1979), fire safety certificates and warranties relating to the scheme parcel,
(c) the association roll and any notices or other records relating to the scheme parcel,
(d) a copy of the diagram illustrating the situation of all service lines referred to in section 34 of the Community Land Development Act 2021 that have been installed within the scheme under which the association is constituted,
(e) the initial maintenance schedule prepared by the original owner,
(f) any other document or item relating to the scheme parcel that is prescribed by the regulations for the purposes of this section.
Maximum penalty—
(a) 100 penalty units, and
(b) for a continuing offence—a further 2 penalty units for each day the offence continues.
An original owner is only required under this section to deliver to the association a thing if that thing is in the possession or control of the original owner or may be obtained by the original owner by taking reasonable steps to do so.
This section does not require an original owner to deliver to the association a document that exclusively evidences rights or obligations of the original owner and that is not capable of being used for the benefit of the association or any of the other owners.
In this section—
(a) a community scheme—means the community parcel, or
(b) a precinct scheme—means the precinct parcel, or
(c) a neighbourhood scheme—means the neighbourhood parcel.
The Tribunal may, on application by an association, order an original owner required to convene a meeting under this Division to provide to the association a document that was required to be but was not delivered to the association at its first annual general meeting.
An association must hold an annual general meeting once in each financial year of the association.
The secretary of an association or an association committee may convene a general meeting (that is not an annual general meeting) of the association at any time.
The secretary of the association, or another officer if the secretary is absent, must convene a general meeting (that is not an annual general meeting) of the association as soon as practicable after receiving a qualified request.
A meeting may be convened on a qualified request even if the first annual general meeting has not been held.
A request is a
A request is a
A request for a meeting may not be signed on behalf of a subsidiary body without the authority of a resolution of the body.
The Tribunal may, on application by an association, a member of an association or a mortgagee or covenant chargee of a development lot, neighbourhood lot or strata lot within the scheme, order a person to convene and hold a meeting of the association within the time specified in the order if a meeting has not been convened and held in accordance with this Act.
The person who is to convene and hold the meeting is to be a person nominated by the applicant, or appointed by the Tribunal, who has consented to the nomination or appointment.
A unanimous resolution or special resolution of an association about a matter that is required by or under this Act or the by-laws of a scheme to be determined by a resolution of that kind cannot be amended or revoked other than by a subsequent resolution of the same kind.
However, a unanimous resolution of an association dealing with association property may be amended by a special resolution.
A person who has an interest in a development lot or neighbourhood lot that, subject to this Act, gives the person the right to vote either personally or by nominee at meetings of an association must give the association written notice of that interest (an
The association interest notice must specify the following information and, if the interest is a mortgage, include confirmation by the mortgagor or be verified by statutory declaration of the mortgagee—
(a) the person’s full name and an address for service of notices,
(b) the lot concerned and the exact nature of the person’s interest,
(c) the date on which the person acquired the interest,
(d) in the case of a corporation, specify the full name and an address for service of notices of the nominee of the corporation who is to exercise the voting entitlement.
The association interest notice must specify the manner in which the interest arose and be verified by statutory declaration if any of the following applies to the interest—
(a) the interest is that of the executor or administrator of the estate of a deceased person,
(b) the interest is that of the liquidator or receiver in bankruptcy of any person,
(c) the interest has arisen by the operation of law or the order of any court,
(d) the interest has arisen in any other manner otherwise than by transfer of the interest from some other person or the discharge of a mortgage.
The secretary of an association may, if of the opinion that a person has failed to give notice as required under this section, by a written notice given to the person require the person—
(a) to state, within 14 days, whether or not the person is a person required to give notice under this section, and
(b) if the person is so required, to give that notice.
A person is not entitled to vote at a meeting of an association if the person has not complied with a notice given to the person under subsection (4) or, in the case of a vote to be tendered through a nominee, if the nominee’s full name and address for service of notices have not been notified under this section.
A person who has given notice under this section may by further notice advise a change of nominee or of the person’s or nominee’s address for service.
Other procedures for general meetings of associations and voting at those meetings are set out in Schedule 1.
The Tribunal may, on application by a person entitled to vote on a motion at a meeting of an association or the first mortgagee or covenant chargee of a lot of which the owner is so entitled to vote, make an order invalidating a resolution of, or election held by, the persons present at a meeting of the association if the Tribunal considers that the provisions of this Act or the regulations have not been complied with in relation to the meeting.
The Tribunal may refuse to make an order under this section only if it considers—
(a) that the failure to comply with the provisions of this Act or the regulations did not adversely affect any person, and
(b) that compliance with the provisions would not have resulted in a failure to pass the resolution or affected the result of the election.
The Tribunal may, on application by a person entitled to vote on a motion for a resolution of an association at a general meeting, order that a resolution passed at the general meeting be treated as a nullity on and from the date of the order.
The Tribunal must not make the order unless the Tribunal is satisfied that the resolution would not have been passed but for the fact that the applicant for the order—
(a) was improperly denied a vote on the motion for the resolution, or
(b) was not given due notice of the item of business in relation to which the resolution was passed.
An application for an order may not be made unless—
(a) an application for mediation of the dispute was made not later than 28 days after the date of the meeting at which the resolution was passed, or
(b) if an application for mediation was not made, the application for the order was made not later than 28 days after the date of the meeting at which the resolution was passed.
If a resolution that is to be treated as a nullity by an order changes the by-laws and the order has been recorded in the Register under this Act, the by-laws have force and effect on and from the date the order is so recorded to the same extent as they would have had if the change had not been made.
Subsection (4) is subject to the by-laws having been or being changed in accordance with this Act and to any relevant order made by a superior court.
For the purposes of this Act, the
(a) the meeting held under section 12, or
(b) if the meeting is not held—the meeting held in accordance with an order under section 18, or
(c) if the meeting is not held and an application for an order is not made—the first meeting of the association, however convened and whenever held, that has the agenda specified in section 13.
An association for a scheme must not, during the initial period for the scheme, do any of the following things unless the association is authorised to do so by an order of the Tribunal under this Division—
(a) incur a debt of an amount in excess of the amount then available for repayment of the debt from the administrative fund or capital works fund,
(b) borrow money or give security for the repayment of money,
(c) make, amend or repeal an association property rights by-law,
(d) add land to the scheme, whether as association property or as a development lot or neighbourhood lot, except in accordance with the development contract (if any) for the scheme,
(e) appoint for a period extending beyond the date of the first annual general meeting of the association—
(i) a managing agent, or
(ii) a facilities manager, or
(iii) another person to assist with the management, maintenance or repair of association property.
A neighbourhood association must not, during the initial period for the neighbourhood scheme, do any of the following things unless the neighbourhood association is authorised to do so by an order of the Tribunal under this Division—
(a) grant a lease of neighbourhood property,
(b) create an easement burdening land within the neighbourhood scheme or a restriction on the use of land within the scheme,
(c) release an easement, or a restriction on the use of land, that benefits neighbourhood property,
(d) dedicate association property,
(e) transfer neighbourhood property except by way of sale to a resuming authority under Part 10, Division 6 of the Community Land Development Act 2021,
(f) erect a structure on neighbourhood property,
(g) subdivide or create neighbourhood property.
A developer must not, during the initial period for a scheme, do any of the following things unless the developer is authorised to do so by an order of the Tribunal under this Division—
(a) convert to association property a neighbourhood lot within the scheme,
(b) subdivide a neighbourhood lot within the scheme.
The Tribunal may, on application, make an order—
(a) waiving, varying or extinguishing a restriction relating to the initial period for a scheme (whether or not imposed under this Act or the Community Land Development Act 2021), and
(b) authorising matters to be done in relation to the waiving, varying or extinguishing of the restriction.
The application may be made by the association or developer to which the restriction applies.
Written notice of an application must be given to—
(a) the association and each owner of a community development lot, precinct development lot or neighbourhood lot or proposed community development lot, precinct development lot or neighbourhood lot in the case of a community scheme, precinct scheme or neighbourhood scheme or proposed scheme to which the application relates, unless the association or the owner is the applicant, and
(b) each registered mortgagee of a lot in the scheme and any mortgagee specified on the association roll for the lot and any covenant chargee having the benefit of a covenant charge affecting a lot, and
(c) any other persons that the Tribunal directs.
The Tribunal may order that notice of an application be dispensed with if the Tribunal considers it appropriate in the circumstances of the case.
A person to whom notice is given is entitled to appear and be heard on the hearing of the application.
Notice of an application is not required to be given to a mortgagee specified on the association roll for a lot if the rights of the person as a mortgagee—
(a) are suspended for the time being because of a sub-mortgage, particulars of which are specified on the association roll, or
(b) have been terminated because of an instrument, particulars of which are specified on the association roll.
An association for a scheme may recover from the original owner under the scheme—
(a) as a debt—any liability incurred by the association because of a breach of this Division, or
(b) as damages for breach of statutory duty—any loss suffered by the association as a result of a breach of this Division.
A member of an association for a scheme other than the original owner under the scheme may recover from the original owner as damages for breach of statutory duty any loss suffered by the member because of a breach of this Division.
It is a defence to an action under this section for debt or damages if it is proved that the original owner—
(a) did not know of the breach on which the action is based, or
(b) was not in a position to influence the conduct of the association in relation to the breach, or
(c) used due diligence to try to prevent the breach.
A remedy available under this section does not affect any other remedy.
An association must ensure that a committee of the association is constituted in accordance with this Act.
The association committee may take office before the first annual general meeting of the association.
If there is no committee of an association, the scheme must be administered by the association, but nothing in this subsection prevents a managing agent appointed under this Act from exercising any functions conferred on the agent.
The association committee for an association with 3 members or fewer consists of the following—
(a) the nominee of each member that is a subsidiary body or other corporation,
(b) each other member or the nominee of the member.
A member cannot have more than 1 nominee and a nominee must not be a corporation.
The nominee of a subsidiary body must be a person who would be eligible under this Division to be an elected member of the association committee if the association had more than 3 members.
(Repealed)
The association committee ceases to hold office if a new committee is elected under this Division following an increase in membership of the association to more than 3 members.
The association committee of an association with more than 3 members is to consist of the number of persons determined by the association, but the number of members must—
(a) not be more than the number of members of the association, and
(b) not be more than 15.
The members of the association committee—
(a) must be elected at—
(i) the first annual general meeting of the association, and
(ii) each subsequent annual general meeting, and
(b) may be elected at another general meeting called to elect members of the committee.
If the number of members of an association increases to more than 3 after the first annual general meeting of the association, the members of the association committee of the association must be elected at a general meeting called to elect members.
(Repealed)
The following persons are eligible for nomination, appointment or election to a community committee or a precinct committee—
(a) a member of the association (other than a subsidiary body or other corporation) who is the sole owner of a development lot in the scheme,
(b) a company nominee of a member of the community association or precinct association that is a corporation but is not a subsidiary body,
(c) the only nominee of a member of the community association or precinct association who is eligible to be, but is not, a candidate,
(d) a member of a subsidiary body, or a member of the committee of a subsidiary body, who is nominated by a resolution of the subsidiary body and is the only person nominated by it,
(e) an individual who is the co-owner of a development lot in the scheme or a company nominee of a corporation that is a co-owner of a development lot in the scheme, if the person is nominated for election by an owner who is not a co-owner of the lot or by a co-owner of the lot who is not a candidate for election as a member,
(f) an individual who is not an owner of a development lot in the scheme, if the person is nominated for election by an owner of a development lot who is not a member, or is not seeking election as a member, of the committee.
To avoid doubt, an individual who is a member of the community association or precinct association who is not a co-owner of a development lot in the scheme may nominate himself or herself for election as a member of the community committee or precinct committee.
Only 1 co-owner of the same development lot may be a member of a community committee or precinct committee at the same time.
The following persons are eligible for nomination, appointment or election to a neighbourhood committee—
(a) a member of the association (other than a corporation) who is the sole owner of a development lot in the scheme,
(b) a company nominee of a member of the neighbourhood association that is a corporation,
(c) the only nominee of a member of the neighbourhood association who is eligible to be, but is not, a candidate,
(d) an individual who is the co-owner of a neighbourhood lot in the scheme or a company nominee of a corporation that is a co-owner of a neighbourhood lot in the scheme, if the person is nominated for election by an owner who is not a co-owner of the lot or by a co-owner of the lot who is not a candidate for election as a member,
(e) an individual who is not an owner of a neighbourhood lot, if the person is nominated for election by an owner of a neighbourhood lot who is not a member, or is not seeking election as a member, of the committee.
To avoid doubt, an individual who is a member of the neighbourhood association who is not a co-owner of a neighbourhood lot may nominate himself or herself for election as a member of the neighbourhood committee.
Only 1 co-owner of the same neighbourhood lot may be a member of a neighbourhood committee at the same time.
The following persons are not eligible for appointment, nomination or election as members of an association committee—
(a) the managing agent for the association or for a subsidiary body of the association,
(b) the facilities manager for the association or for a subsidiary body of the association,
(c) a real estate agent carrying out functions in connection with the leasing of a lot in the association scheme or a subsidiary scheme,
(d) a person who is connected with the original owner, unless the person discloses that connection at the meeting at which the election is held and before the election is held or before the person is appointed or nominated as a member,
(e) other persons prescribed by the regulations for the purposes of this section.
An owner of a lot in a scheme who was an unfinancial owner at the date notice was given of the meeting at which the election of the association committee is to be held and who did not pay the amounts owing by the owner before the meeting is not eligible for appointment or election to the association committee.
A person who becomes ineligible to be a member after becoming a member of an association committee must disclose that fact to the secretary or chairperson of the association as soon as possible after becoming aware of that fact.
The disclosure is to be made by written notice given to the secretary or chairperson of the association, unless it is made at a meeting of the association or association committee.
If the office of a member is vacated under section 38(1)(h) or 39(1)(f), the person is not eligible for appointment, nomination or election as a member for the period of 12 months commencing on the day the resolution is passed.
This section applies to a neighbourhood scheme if there are tenants (being tenants notified in tenancy notices given in accordance with this Act) for at least half of the neighbourhood lots.
The tenants of the neighbourhood lots (being tenants notified in tenancy notices given in accordance with this Act) may nominate a tenant representative for the neighbourhood committee.
The tenant representative on a neighbourhood committee is, in that capacity—
(a) not entitled to vote on decisions of the committee or to put a motion or nominate a person for office, and
(b) not entitled to act as an officer of the association for committee purposes, and
(c) cannot be counted in determining whether there is a quorum of the committee.
The neighbourhood committee, at any meeting or for the purpose of all meetings, may determine that a tenant representative is not entitled to be present when the following matters are being discussed or determined—
(a) financial statements and auditor’s reports,
(b) levying of contributions,
(c) recovery of unpaid contributions,
(d) any other financial matter specified by the regulations.
The regulations may provide for the procedures for nomination of a tenant representative, including the term for which a tenant representative is appointed and the notification of an appointment.
A member of an association committee may, with the consent of the committee, appoint a person who is eligible for election to the committee to act in the member’s place at a meeting of the committee.
The person is, while so acting, taken to be a member.
A person may be appointed whether or not he or she is already a member of the committee.
A person who is appointed and who is already a member may, at any meeting of the committee, separately vote in the person’s capacity as a member and on behalf of the member in whose place the person has been appointed to act.
An elected member of a community committee or precinct committee vacates office as a member—
(a) if the person ceases to be a member of the association or was nominated by a person who ceases to be a member of the association, or
(b) if the person was eligible to be a member at the time of appointment or election and the person ceases to be so eligible, or
(c) if the person was nominated by a member of the association or was a company nominee and the individual who nominated the person for election or the corporation for which the person is a company nominee gives written notice to the association that the person’s office is vacated, or
(d) if the person was nominated by a subsidiary body on the basis of being a member of the subsidiary body or of its committee or its council and ceases to be a member, or
(e) if the person was nominated by a subsidiary body and the body gives written notice to the association that the person’s office is vacated after being authorised to do so by a resolution of the subsidiary body, or
(f) on receipt by the association from the person of notice in writing of the person’s resignation as a member, or
(g) at the end of the next meeting at which a new association committee is elected by the association, or
(h) if the association, by resolution at a general meeting, determines that the person’s office as a member is vacated.
A community committee or precinct committee may appoint a person eligible for election as a member to fill a vacancy in the office of a member of the committee, other than a vacancy arising under subsection (1)(g) or a vacancy in the office of an officer of the association.
Section 49(2) provides for the filling of vacancies in the office of members who are officers of the association.
A person so appointed holds office, subject to this section, for the balance of the predecessor’s term of office.
A resolution that the office of a member is vacated may relate to more than 1 member of a community committee or precinct committee or to all members of a committee.
An elected member of a neighbourhood committee vacates office as a member—
(a) if the person ceases to be a member of the association or was nominated by a person who ceases to be a member of the association, or
(b) if the person was eligible to be a member at the time of appointment or election and the person ceases to be so eligible, or
(c) if the person was nominated by a member of the association or was a company nominee and the individual who nominated the person for election or the corporation for which the person is a company nominee gives written notice to the association that the person’s office is vacated, or
(d) on receipt by the association from the person of notice in writing of the person’s resignation as a member, or
(e) at the end of the next meeting at which a new committee is elected by the association, or
(f) if the association, by resolution at a general meeting, determines that the person’s office as a member is vacated.
A neighbourhood committee may appoint a person eligible for election as a member to fill a vacancy in the office of a member of the committee, other than a vacancy arising under subsection (1)(e) or a vacancy in the office of an officer of the association.
Section 49(2) provides for the filling of vacancies in the office of members who are officers of the association.
A person so appointed holds office, subject to this section, for the balance of the predecessor’s term of office.
A resolution that the office of a member is vacated may relate to more than 1 member of a neighbourhood committee or to all members of a neighbourhood committee.
An association committee has the functions conferred on it by or under this or any other Act.
A decision of an association committee is taken to be the decision of the association.
However, in the event of a disagreement between the association and the committee, the decision of the association prevails.
The following decisions cannot be made by an association committee—
(a) a decision that is required by or under an Act to be made by the association by unanimous resolution or special resolution or in general meeting,
(b) a decision on a matter or type of matter that the association has determined in general meeting is to be decided only by the association in general meeting.
An association may in general meeting continue to exercise all or any of the functions conferred on it by this Act or the by-laws even though an association committee holds office.
Each member of an association committee of an association has the following duties—
(a) to exercise the member’s functions—
(i) with honesty and fairness, and
(ii) with due care and diligence, and
(iii) for the benefit, as far as practicable, of the association,
(b) to comply with this Act and the regulations,
(c) to only use or disclose information obtained as a member, including information about an owner of a lot—
(i) as required to carry out association committee functions, or
(ii) as authorised or required by law,
(d) to not behave in a way that unreasonably affects a person’s lawful use or enjoyment of a lot in the scheme or the association property.
This section applies if, when an act or proceeding of an association committee was done, taken or commenced there was—
(a) a vacancy in the office of an officer of the association or another member of the committee, or
(b) a defect in the appointment, or a disqualification, of an officer or member of the committee.
An act or proceeding of an association committee done in good faith is as valid as if the vacancy, defect or disqualification did not exist and the committee were fully and properly constituted.
The secretary of the association, or another member of the association committee, must convene a meeting of the committee if requested to do so by at least one-third of the members of the committee.
The meeting must be held within the period, if any, specified in the request, subject to the requirements for notice of meetings.
If meetings of 2 different association committees are held at the same time in 1 meeting, both meetings are invalid.
Other procedures for meetings of an association committee and voting at those meetings are set out in Schedule 2.
The members of an association committee must, at the first meeting of the committee after they assume office as members, appoint a chairperson, secretary and treasurer of the committee in accordance with this Act.
The chairperson, secretary and treasurer of the committee are also, respectively, the chairperson, secretary and treasurer of the association.
A person may be appointed to 1 or more of the offices of chairperson, secretary and treasurer.
Nomination for election as an officer of the committee may be made before or at the meeting at which the election is held.
The regulations may provide for the procedures for nomination of officers of the committee.
The functions of the chairperson of an association include the following—
(a) to preside at meetings,
(b) to make determinations, in accordance with this Act, as to quorums and procedural matters at meetings,
(c) to ensure the agenda is followed at meetings,
(d) to maintain order at meetings,
(e) to facilitate the fair, constructive and open discussion of matters at meetings,
(f) to encourage discussion by meeting attendees.
In this section—
The functions of a secretary of an association include the following—
(a) to prepare and distribute minutes of meetings of the association and submit a motion for confirmation of the minutes of a meeting of the association at the next meeting,
(b) to give on behalf of the association and the association committee of the association notices required to be given under this Act,
(c) to maintain the association roll,
(d) to enable the inspection of documents on behalf of the association in accordance with this Act,
(e) to answer communications addressed to the association,
(f) to convene meetings of the association committee and (apart from its first annual general meeting) of the association,
(g) to attend to matters of an administrative or secretarial nature in connection with the exercise of functions by the association or the association committee,
(h) any other functions conferred on the secretary under any other Act or law.
The functions of a treasurer of an association include the following—
(a) to notify members of contributions levied in accordance with this Act,
(b) to receive, acknowledge, bank and account for money paid to the association,
(c) to prepare association information certificates,
(d) to keep the accounting records and prepare the financial statements.
The treasurer of an association may delegate the exercise of any of the treasurer’s functions (other than this power of delegation) to another member of the association committee of the association if—
(a) the delegation is specifically approved by the committee, and
(b) the committee specifically approves of the function being delegated to that member, and
(c) the delegation is subject to the limitations as to time or otherwise that the committee requires.
While a delegate is acting in accordance with the terms of a delegation, the delegate is taken to be the treasurer of the association.
The association committee of an association may, by a written notice given to the treasurer of the association, order the treasurer not to exercise any of the treasurer’s functions that are specified in the notice unless the treasurer does so jointly with another person so specified.
An officer of an association vacates office as an officer—
(a) if the person ceases to be a member of the association committee, or
(b) on the receipt by the association from the person of written notice of the person’s resignation as an officer, or
(c) if another person is appointed by the association committee to hold that office, or
(d) if the association, by resolution, declares that the person’s office is vacated, or
(e) if the person dies.
An association committee is to appoint a person who is a member of the committee, or who is eligible to be a member of the committee, to fill a vacancy in the office of an officer of an association, other than a vacancy referred to in section 38(1)(g) or 39(1)(e).
A person so appointed holds office, subject to this section, for the balance of the predecessor’s term of office.
An association may pay to a person who is an officer of the association or another member of the association committee of the association an amount determined by the association at an annual general meeting in recognition of services performed by the person for the association in the period since the last annual general meeting.
The functions of the chairperson, secretary and treasurer of an association are to be exercised by the original owner, or an agent of the original owner authorised in writing, until the offices are filled or until the end of the first annual general meeting of the association, whichever first occurs.
The Tribunal may, on application by a member or an owner, mortgagee or covenant chargee of a development lot in an association scheme, make an order appointing a person to convene and hold a meeting of the association if there is not a chairperson, secretary and treasurer of the association, or if no association committee exists, after the first annual general meeting of the association has been held.
The Tribunal may make other ancillary orders it thinks fit, including the following orders—
(a) orders relating to giving notice of the meeting,
(b) orders relating to the person who is to preside at the meeting.
The person who is to convene and hold the meeting is to be a person nominated by the applicant, or appointed by the Tribunal, who has consented to the nomination or appointment.
The meeting is to be convened and held within the time (if any) specified in the order.
A person appointed by an order under this section to preside at a meeting is taken, while so presiding, to be the chairperson of the association.
An association may appoint a person who is the holder of a strata managing agent’s licence under the Property and Stock Agents Act 2002 to be the managing agent of the scheme.
The appointment is to be made by instrument in writing authorised by a resolution at a general meeting of the association.
The Secretary may approve—
(a) the form of agency agreements for the appointment of managing agents, and
(b) the terms, conditions and other provisions that agency agreements for the appointment of managing agents must or must not contain.
The Secretary may approve 1 or more standard form of agency agreements for the appointment of managing agents.
A reference in this section to a strata managing agent’s licence under the Property and Stock Agents Act 2002 includes a reference to a corporation licence under that Act that authorises the holder to act as, or carry on the business of, a managing agent.
An owner who is seeking appointment as a managing agent is not entitled to vote or cast a proxy vote on the appointment at a meeting of the association.
The term of appointment (including any additional term under an option to renew) of a managing agent for a scheme expires (if the term of the appointment does not end earlier or is not ended earlier for any other reason)—
(a) if the managing agent is appointed by the association at the first annual general meeting—at the end of the period of 12 months following that appointment, or
(b) in any other case—at the end of the period of 3 years following the appointment.
A person may be reappointed by the association by resolution at a general meeting as the managing agent for a scheme at the end of the person’s term of appointment.
The appointment of a managing agent may be terminated in accordance with the instrument of appointment if authorised by a resolution at a general meeting of the association.
The term of appointment of a managing agent may be extended by the association committee for successive periods of up to 3 months after it would otherwise expire (but not for any period that would extend beyond the date of the next annual general meeting of the association) pending a decision as to the reappointment of the managing agent.
However, if an association committee has extended a term of appointment of a managing agent under this section, the association committee must give the managing agent at least 1 month’s notice of a decision not to reappoint the managing agent or not to further extend the appointment.
A managing agent must give the association written notice of the end of a term of appointment—
(a) at least 3 months, but not more than 6 months, before the end of the term of appointment, and
(b) at least 1 month before the end of each extension of a term permitted by this section.
An instrument of appointment of a managing agent for a period of 3 years (as referred to in subsection (1)(b)) is taken to include an option for the agent to extend the term of the appointment for a maximum period of 3 months after the end of the term of 3 years, if the association decides not to reappoint the agent and does not extend the term of appointment under subsection (4).
The managing agent must give the association written notice of the exercise of the option.
A managing agent is not entitled to exercise an option under subsection (7) if the association gives the agent written notice that the agent will not be reappointed at least 3 months before the end of the term.
In this section, a reference to the
A managing agent of an association may transfer the managing agent’s functions, but only if the transfer is authorised by a resolution at a general meeting of the association for the scheme.
A person to whom the functions are transferred is taken to be appointed under this Division as a managing agent for the scheme.
The term of appointment as a managing agent of the person to whom the functions are transferred ends on the same day as the term of the person by whom the functions were transferred would have ended if the transfer had not taken place.
An association may, by the instrument appointing a managing agent or some other instrument, delegate to the managing agent—
(a) all of its functions, or
(b) any 1 or more of its functions specified in the instrument, or
(c) all of its functions except those specified in the instrument.
An association must not delegate to a managing agent its power to make—
(a) a delegation under this section, or
(b) a decision on a matter that is required to be decided by the association, or
(c) a determination relating to the levying or payment of contributions.
A delegation may be made subject to the conditions or limitations as to the exercise of all or any of the functions, or as to time or circumstances, that may be specified in the instrument of delegation.
An association may delegate the functions only if authorised to do so by a resolution at a general meeting.
An association may, if authorised to do so by a resolution at a general meeting, revoke or vary a delegation under this section.
A function delegated under this Division may, while the delegation remains unrevoked, be exercised from time to time in accordance with the delegation.
Despite a delegation made under this Division, the association may continue to exercise all or any of the functions delegated.
An act or thing done or suffered by a managing agent while acting in the exercise of a delegation under this Division—
(a) has the same effect as if it had been done or suffered by the association, and
(b) is taken to have been done or suffered by the association.
This section is subject to section 60.
The instrument of appointment of a managing agent may provide that the managing agent has and may exercise all the functions of the chairperson, secretary, treasurer or association committee of an association or the functions of those officers or the committee that are specified in the instrument.
However, the chairperson, secretary, treasurer and committee of an association may continue to exercise all or any of the functions that the managing agent is authorised to exercise.
An act or thing done or suffered by a managing agent in the exercise of a function of the chairperson, secretary, treasurer or committee conferred on the managing agent in accordance with this section—
(a) has the same effect as if it had been done or suffered by the chairperson, secretary, treasurer or committee, and
(b) is taken to have been done or suffered by the chairperson, secretary, treasurer or committee.
This section is subject to section 60.
A managing agent who exercises a function of the association or of an officer of the association must, immediately after its exercise, make a record specifying the function and the manner in which it was exercised.
The managing agent must, every 6 months, give the association a copy of the records kept for the preceding 6 months.
If a managing agent is appointed by the Tribunal, or by an association or strata corporation on an order of the Tribunal, to exercise a function—
(a) the function cannot, while the managing agent holds office, be exercised by another person, and
(b) anything done or suffered by the managing agent in the exercise of the function has the same effect as it would have if it had been done or suffered by the person who, but for paragraph (a), could have exercised it.
Note. The Tribunal may make an order appointing a managing agent under section 196.
If a managing agent has been delegated a duty by an association and a breach of the duty by the association would constitute an offence under a provision of this Act, the agent is guilty of an offence under that provision (instead of the association) for a breach of the duty by the agent occurring while the delegation remains in force.
It is a defence to a prosecution under subsection (1) if the agent establishes that—
(a) the breach of the duty was caused by the association, and
(b) the agent took all reasonable steps to prevent the breach of the duty.
A managing agent must not, in connection with the provision of services as a managing agent or the exercise of functions as a managing agent, request or accept a gift or other benefit from another person for himself or herself or for another person.
Maximum penalty—
(a) for a corporation—500 penalty units, or
(b) otherwise—100 penalty units.
Subsection (2) does not apply to—
(a) remuneration paid to a managing agent or an employee or contractor of a managing agent by an association, or
(b) a monetary commission paid to a managing agent, if the payment of the commission is in accordance with the terms of appointment of the managing agent by the association or has been otherwise approved by the association, or
(b1) a training service provided to, or paid for, a managing agent, if it was related to management functions and the provision or payment is in accordance with the terms of appointment of the managing agent by the association or has been otherwise approved by the association, or
(c) a gift or other benefit that has a value that is less than the amount prescribed by the regulations for the purposes of this subsection.
An association may only give approval under subsection (3)(b) or (b1) by a resolution at a general meeting.
The motion for the resolution must be accompanied by a document prepared by the managing agent containing—
(a) details about the commission or training service, including—
(i) for a commission—the amount of the commission and the method of its calculation, or
(ii) for a training service—the monetary value of the training service or, if that is not known, an estimate of the monetary value of the training service, and
(b) details about the nature of the relationship between the person providing the commission or training service and the managing agent, and
(c) details about why the approval is in the association’s best interest, and
(d) a statement that the managing agent believes that accepting the gift or other benefit does not contravene the Property and Stock Agents Regulation 2022, Schedule 1, section 11 and the reasons for the belief.
In this section—
An association may require a managing agent to provide the following information relating to the trust account that the agent is required to operate under the Property and Stock Agents Act 2002—
(a) the name and number of the account,
(b) the name of the authorised deposit-taking institution in which the account is current,
(c) the balance in the account standing to the credit of the association on a specified date,
(d) particulars of all cheques drawn on the account on behalf of the association as at that date and not presented and duly paid.
An association may require a managing agent to provide the following information relating to other accounts on which the agent operates in the exercise of functions of the association—
(a) the names and numbers of the accounts,
(b) the names of the authorised deposit-taking institutions in which the accounts are current,
(c) the balance in each of the accounts standing to the credit of the association on a specified date,
(d) particulars of all cheques drawn on each of the accounts as at that date and not presented and duly paid.
An association may require a managing agent to provide—
(a) full particulars relating to the payment of money to, or the receipt of money by, the agent on behalf of the association, and
(b) if the money is not still held by the agent, the manner and time of disposal of the money.
An association may require a managing agent to provide full particulars of any specified transaction that has been entered into by the agent on behalf of the association.
A managing agent for a scheme must report the following at the annual general meeting of the association for the scheme—
(a) whether commissions have been paid to the agent (other than by the association) in connection with the exercise by the agent of functions for the scheme during the preceding 12 months and particulars of any such commissions,
(b) any such commissions and the estimated amount of the commissions that the agent believes are likely to be received by the agent in the following 12 months,
(c) whether, during the preceding 12 months—
(i) a supplier of goods or services for the strata scheme has become connected with the agent, or
(ii) an original owner of the strata scheme has become connected with the agent,
(d) the following information—
(i) the suppliers of goods or services for the strata scheme who are connected with the agent,
(ii) the original owners of the strata scheme who are connected with the agent,
(iii) for subparagraphs (i) and (ii)—details about the nature of the relationship between the agent and the supplier or original owner,
(iv) for subparagraph (i)—details about the goods and services provided by the supplier.
Maximum penalty—
(a) for a corporation—500 penalty units, or
(b) otherwise—100 penalty units.
It is an offence for an agent to receive commissions that are not of a kind permitted by the agent’s terms of appointment or approved by the association (see section 61).
A managing agent must, as soon as practicable after becoming aware that commissions paid to the agent (other than by the association) differ from the commissions or an estimate of commissions disclosed at the annual general meeting, disclose to the association committee the variation and give an explanation for the variation.
Maximum penalty—
(a) for a corporation—500 penalty units, or
(b) otherwise—100 penalty units.
A managing agent must give written notice to the association before entering into a contract for the purchase of goods or services if either or both of the following apply—
(a) under the contract, a commission or training service of the kind referred to in section 61(3)(b) or (b1) may be paid to the agent,
(b) the contract is with a person connected with the agent.
Maximum penalty—
(a) for a corporation—500 penalty units, or
(b) otherwise—100 penalty units.
The notice must include the following—
(a) details, including the specific provision of the terms of appointment of the agent, if relevant, that demonstrate the payment of the commission or provision of the training service is permitted under section 61(3),
(b) details about the commission or training service, including the following—
(i) the amount of the commission and the method of its calculation,
(ii) for a training service—the monetary value of the training service or, if that is not known, an estimate of monetary value of the training service,
(c) details about the nature of the relationship between the person paying the commission or training service and the managing agent,
(d) details about why the contract is in the association’s best interest,
(e) a statement that the managing agent believes that entering into the contract does not contravene the Property and Stock Agents Regulation 2022, Schedule 1, section 11 and the reasons for the belief.
A managing agent must give written notice to the association as soon as practicable after becoming aware of the following—
(a) a supplier of goods or services for the scheme becomes connected with the agent,
(b) the original owner of the scheme becomes connected with the agent,
(c) the agent acquires a direct or indirect pecuniary interest in the scheme.
Maximum penalty—
(a) for a corporation—500 penalty units, or
(b) otherwise—100 penalty units.
The notice must include—
(a) for subsection (2C)(a) and (b)—details about the nature of the relationship between the agent and the supplier or original owner, and
(b) for subsection (2C)(a)—details about the goods and services provided by the supplier.
The Tribunal may, on application by an association or the Secretary, order a managing agent to pay to the association—
(a) the whole or part of the amount of commissions paid to the agent and not disclosed in accordance with this section, or
(b) the whole or part of the amount of commissions paid to the agent that are not of a kind or an amount disclosed by the agent under this section, if the Tribunal is satisfied that the disclosure of commissions at the previous annual general meeting was not made in good faith.
An association is to require information from a managing agent under this Division by written notice given to the managing agent.
The notice must specify a member of the association committee to whom the information is to be delivered.
A managing agent must comply with a notice to provide information under this Division by giving a written statement, in accordance with the notice, within 14 days after the notice is given.
Maximum penalty—20 penalty units.
A person is not guilty of failing to comply with the notice if reasonable cause for the failure is shown.
A managing agent must not knowingly provide information that is false or misleading in a material particular in a statement given in response to a notice to provide information under this Division.
Maximum penalty—20 penalty units.
If a managing agent ceases to hold a licence under the Property and Stock Agents Act 2002 to carry on business as a managing agent or dies—
(a) this Division (except section 63) applies, as if the person were the managing agent, to any person who is required by that Act to maintain a trust account in connection with the business of the former licensee, and
(b) this Division (except section 62(1)) applies, as if the person were the managing agent, to any person who is required by that Act to preserve records kept by the former licensee.
A managing agent or other person is not required to provide information under this Division in relation to a transaction that took place more than 5 years before notice requiring the information was given.
Section 101 of the Property and Stock Agents Act 2002 does not apply to or in respect of a transaction if information about the transaction may be required to be provided to an association under this Division.
Section 101 of the Property and Stock Agents Act 2002 enables a person directly concerned in a transaction with a licensee under that Act to require an itemised account of the transaction from the licensee.
A
(a) managing association property,
(b) controlling the use of association property by persons other than the owners and occupiers of lots,
(c) maintaining and repairing association property.
However, a person is not a facilities manager if—
(a) the person exercises the functions of a facilities manager only—
(i) on a voluntary or casual basis, or
(ii) as a member of the association committee, or
(b) the person, or a class of persons to which the person belongs, is prescribed as not being a facilities manager.
A person may be both a facilities manager and a person who exercises the functions of an on-site residential property manager (within the meaning of the Property and Stock Agents Act 2002).
A facilities manager may be a person who is entitled to exclusive possession (whether or not jointly with another person) of a lot or association property in a scheme.
For the purposes of this Act, a person is taken to be a facilities manager for a scheme if the person meets the description of a facilities manager set out in this section, regardless of whether the title given to the person’s position is facilities manager, caretaker, resident manager or another title.
A facilities manager may be appointed for a scheme.
The appointment is to be made by instrument in writing (a
(a) by the original owner, if executed before the scheme commenced, or
(b) under the authority of a resolution passed at a general meeting of the association of the scheme, if executed after the scheme commenced.
The Secretary may approve—
(a) the form of facilities manager agreements, and
(b) the terms, conditions and other provisions that facilities manager agreements must or must not contain.
The Secretary may approve 1 or more standard form of facilities manager agreements.
A facilities manager agreement (including an additional term under an option to renew it) expires (if the appointment is not ended for any other reason)—
(a) at the conclusion of the first annual general meeting of the association, if the agreement was executed before the meeting, or
(b) when 10 years have expired after it commenced to authorise the facilities manager to act under it, in any other case.
A person may be reappointed as facilities manager for a scheme at the end of the person’s facilities manager agreement.
The appointment of a facilities manager may be terminated in accordance with the facilities manager agreement, if authorised by a resolution at a general meeting of the association.
A facilities manager may transfer the facilities manager’s functions to another person, but only if the transfer is authorised by a resolution at a general meeting of the association.
A person to whom those functions are transferred is taken to be appointed as a facilities manager by the facilities manager agreement.
The term of appointment as a facilities manager of the person to whom the functions are transferred ends on the same day as the term of the person by whom the functions were transferred would have ended if the transfer had not taken place.
A facilities manager may, in accordance with the facilities manager agreement appointing the facilities manager, assist in exercising 1 or more of the functions of the association of managing and controlling the use of association property (otherwise than by the owners or occupiers of lots) and of maintaining and repairing association property.
However, the association may continue to exercise all or any of those functions, subject to the facilities manager agreement.
A person is not a managing agent for the purposes of this or another Act only because the person is a facilities manager acting in accordance with a facilities manager agreement.
A facilities manager must not, without reasonable excuse—
(a) fail to act in the best interests of the association, or
(b) breach a duty prescribed by the regulations.
Maximum penalty—
(a) for an individual—100 penalty units, or
(b) otherwise—200 penalty units.
A facilities manager is not required to act in the association’s best interests if it would be——
(a) contrary to this Act or the regulations, or
(b) otherwise unlawful.
The regulations may prescribe additional duties of facilities managers.
A person appointed as the managing agent or facilities manager for a scheme who has an interest that must be disclosed under this section must disclose the interest to the association before the appointment of the person.
Maximum penalty—
(a) for a corporation—500 penalty units, or
(b) otherwise—100 penalty units.
The following are interests that must be disclosed to the association by a person—
(a) that the person is connected with the original owner,
(b) any direct or indirect pecuniary interest in the scheme (other than an interest arising only from an existing or prospective appointment as the managing agent or facilities manager for the scheme),
(c) that the person is connected with another person (the
supplier ) who routinely supplies goods or services for other schemes for which the person is the managing agent,(d) that the person gave advice, whether under a formal contract or not, to the original owner during the previous 2 years about the community plan or another community plan or a strata plan,
(e) another interest prescribed by the regulations.
The disclosure must—
(a) be made in writing, and
(b) for subsection (2)(c), include—
(i) details about the nature of the relationship between the person and the supplier, and
(ii) details about the goods and services provided by the supplier.
The Tribunal may, on application by an association for a scheme, make any of the following orders in respect of an agreement for the appointment of a managing agent or facilities manager for the scheme—
(a) an order terminating the agreement,
(b) an order requiring the payment of compensation to a party to the agreement,
(c) an order varying the term, or varying or declaring void any of the conditions, of the agreement,
(d) an order that a party to the agreement take an action or not take an action under the agreement,
(e) an order dismissing the application.
If the Tribunal makes an order terminating the agreement, the Tribunal may also order the managing agent or facilities manager to return to the association, within the period specified in the order, any documents or other records relating to the association scheme that are in the possession of the agent or manager.
The Tribunal may make an order under this section on any of the following grounds—
(a) that the managing agent or facilities manager has refused or failed to perform the agreement or has performed it unsatisfactorily,
(b) that charges payable by the association under the agreement are unfair,
(c) that the managing agent has contravened section 61(2),
(d) that the managing agent has failed to disclose commissions (including estimated commissions or variations and explanations for variations) in accordance with section 64 or has failed to make the disclosures in good faith,
(e) that the managing agent or facilities manager has failed to disclose an interest under section 75,
(f) that the agreement is, in the circumstances of the case, otherwise harsh, oppressive, unconscionable or unreasonable,
(g) that the managing agent or facilities manager is carrying on a business involving the supply of services to the association, owners or occupiers of lots if carrying on the business is contrary to law.
An association must establish an administrative fund.
An association must pay the following amounts into the administrative fund—
(a) the contributions levied on, and paid by, members for payment into the fund,
(b) the proceeds of the disposal of any personal property of the association,
(c) fees paid to the association for inspection of its records and the provision of information and certificates relating to its records,
(d) monetary penalties payable to the association under this Act,
(e) the proceeds of investment of the fund.
An association may also pay the following amounts into the administrative fund—
(a) amounts paid to the association by way of discharge of insurance claims,
(b) income of the association, other than proceeds of investment of the capital works fund,
(c) amounts that may be, but are not required to be, paid into the fund under this Act.
An association may pay money from its administrative fund only for the following purposes—
(a) payments of the kind for which estimates have been made under section 83(1),
(b) payments made in accordance with this Division on a distribution of a surplus in the fund,
(c) payments to a member of the association committee in accordance with this Act,
(d) other payments in connection with exercising its functions under this Act or the by-laws, or the Community Land Development Act 2021, except payments that are permitted to be made from the capital works fund,
(e) monetary penalties payable by the association under this Act,
(f) the transfer of money to the capital works fund or to pay expenditure that should have been paid from the capital works fund.
An association must establish a capital works fund.
An association must pay the following amounts into the capital works fund—
(a) the contributions levied on, and paid by, members for payment into the fund,
(b) amounts paid to the association by way of discharge of insurance claims, unless paid into the administrative fund,
(c) an amount received by the association that is not required or permitted to be paid into the administrative fund,
(d) the proceeds of investment of the fund.
An association may also pay the following amounts into the capital works fund—
(a) any income of the association,
(b) any amount that may be, but is not required to be, paid into the fund under this Act.
An association may pay money from its capital works fund only for the following purposes—
(a) payments of the kind for which estimates have been made under section 83(2),
(b) payments made in accordance with this Division on a distribution of a surplus in the fund,
(c) the transfer of money to the administrative fund or to pay expenditure that should have been paid from the administrative fund.
An association may invest money in its administrative fund or capital works fund in a manner permitted by law for the investment of trust funds or in an investment prescribed by the regulations.
Interest received on an investment made under this section forms part of the fund to which the investment belongs.
This section applies if an association—
(a) transfers money from the administrative fund or capital works fund to the other fund, or
(b) pays money from the administrative fund or capital works fund for expenditure that should have been paid from the other fund.
The regulations may contain provisions of a savings or transitional nature consequent on the commencement of—
(a) a provision of this Act, or
(b) a provision that amends this Act.
A savings or transitional provision consequent on the commencement of a provision must not be made more than 2 years after that commencement.
A savings or transitional provision made consequent on the commencement of a provision is repealed 2 years after that commencement.
A savings or transitional provision made consequent on the commencement of a provision may take effect before that commencement but not before—
(a) for a provision of this Act—the date of assent to this Act, or
(b) for a provision that amends this Act—the date of assent to the amending Act.
A savings or transitional provision that takes effect before its publication on the NSW legislation website does not, before its publication—
(a) affect the rights of a person in a way that is prejudicial to the person, or
(b) impose liabilities on a person in respect of anything done or omitted to be done.
In this clause—
In this Part—
Any act, matter or thing done or omitted to be done under a provision of the former Act and having any force or effect immediately before the commencement of a provision of this Act that replaces that provision is, on that commencement, taken to have been done or omitted to be done under the provision of this Act.
This clause does not apply—
(a) to the extent that its application is inconsistent with any other provision of this Schedule or a provision of a regulation made under this Schedule, or
(b) to the extent that its application would be inappropriate in a particular case.
The management statement of an existing scheme, as in force immediately before the commencement of section 127, continues in force and is taken to have been made in accordance with this Act.
A by-law continued in force by this Act is taken to be a valid by-law if—
(a) the by-law was a valid by-law immediately before section 128 commenced, and
(b) the by-law does not contravene this Act.
A person who, immediately before the commencement of this clause, was a member of an executive committee of an association is, on that commencement, taken to have been appointed as a member of the association committee of the association for the balance of the person’s term as a member of the executive committee.
A person who, immediately before the commencement of this clause, was an officer of an executive committee of an association is, on that commencement, taken to have been appointed as an officer of the same kind of the association for the balance of the person’s term as an officer.
Any proceedings commenced but not determined or finalised under a provision of the former Act are to be dealt with and determined as if the former Act had not been repealed.
A person who held office as an Adjudicator under the former Act immediately before the commencement of this clause ceases to hold the office on a day appointed by the Secretary, being a day not earlier than the determination or finalisation of all proceedings referred to in clause 6.
An Adjudicator who ceases to be an Adjudicator under this clause is not entitled to any compensation for loss of office.
An order made by an Adjudicator or the Tribunal under the former Act, and in force immediately before the commencement of this clause, is taken to have been made by the Tribunal under the corresponding provision of this Act.
Any contributions levied under the former Act are taken to have been levied under this Act and this Act applies to the recovery and payment of any unpaid contributions.
An insurer that was an approved insurer for the purposes of section 39 of the former Act immediately before the commencement of section 149 of this Act is taken to be an approved insurer under this Act.
A decision, consent or approval of an association under the former Act, or that is taken to have been made under the former Act, is taken to have been made by the association under this Act.
A decision, consent or approval of the executive committee of an association under the former Act, or that is taken to have been made under the former Act, is taken to have been made by the association committee of the association under this Act.
The term of appointment (including any reappointment) of a managing agent appointed before the commencement of section 54 of this Act ends on the day that is 3 years after the term commenced or that is 6 months after the commencement of this Act, whichever is the later.
This Act applies to the term of any reappointment of the managing agent after that commencement.
An agreement in force immediately before the commencement of this clause is taken to be a facilities manager agreement for the purposes of this Act, despite any of the provisions of the agreement, if—
(a) the agreement provides for the appointment of a person to carry out any of the functions specified in section 70(1) in relation to the association for a scheme, and
(b) the primary purpose of the agreement is to provide for that appointment and related matters, and
(c) the person is not entitled to exclusive possession of a lot or association property in the scheme.
Any such facilities manager agreement expires 10 years after the commencement of this clause unless the terms of the agreement provide that it expires on an earlier day or the agreement is terminated on an earlier day.
A reference in any instrument to a caretaker in relation to an existing scheme is taken to be a reference to a facilities manager in relation to that scheme.
In this part—
Section 106(3)(c), as substituted by the amending Act, is taken to have been in force from the beginning of 30 November 2016.
(Repealed)
(a) to part of the association property, including by installing, removing, modifying or replacing anything on or forming part of the association property, and
(b) to facilitate a person with a disability having access to—
(i) the association property, or
(ii) the lot in the association scheme in which the person resides.
(a) to finance accessibility infrastructure,
(b) to add to the association property, alter the association property or erect a new structure on the association property for the purpose of installing accessibility infrastructure,
(c) to amend a management statement to include a by-law for the purposes of the installation or use, or both, of accessibility infrastructure.
(a) a general insurer within the meaning of the Insurance Act 1973 of the Commonwealth, or
(b) any other person prescribed by the regulations for the purposes of this definition.
(a) in a community scheme—means the community property in the scheme, or
(b) in a precinct scheme—means the precinct property in the scheme, or
(c) in a neighbourhood scheme—means the neighbourhood property in the scheme.
(a) of a scheme other than a strata scheme—means the by-laws included in a management statement in force for the scheme, or
(b) of a strata scheme—means the by-laws in force for the scheme.
(a) community property,
(b) a public reserve or a drainage reserve,
(c) subject to a subsidiary scheme,
(d) severed from the community scheme.
(a) a community scheme—means the owner of a community development lot in the community plan, or
(b) a precinct scheme—means the owner of a precinct development lot in the precinct plan, or
(c) a neighbourhood scheme—means the original owner of the neighbourhood parcel.
(a) for a strata scheme—means the initial period of a strata scheme within the meaning of the Strata Schemes Management Act 2015, or
(b) for a neighbourhood scheme—means the period that commences on the day the neighbourhood association is constituted and ends on the day there are owners of lots in the neighbourhood scheme (other than the original owner) the sum of whose unit entitlements is at least one-third of the total unit entitlement under the scheme, or
(c) for a precinct scheme or community scheme—means the period that commences on the day the scheme association is constituted and ends on the day that at least one third of the sum of the total unit entitlement under the scheme consists of one or both of the following—
(i) former development lots in the scheme that are the subject of subsidiary schemes for which the initial period has expired,
(ii) development lots in the scheme that are not owned by the original owner and for which occupation certificates (within the meaning of the Environmental Planning and Assessment Act 1979) have been issued for development on the lots.
(a) neighbourhood property,
(b) a public reserve,
(c) a drainage reserve.
(a) a person for the time being recorded in the Register as being entitled to a fee simple in the lot, or
(b) a person who has an in interest in the lot that entitles the person to vote at a meeting of an association and who has given the association an association interest notice in accordance with this Act.
(a) in relation to an association—the land from time to time comprising the lots and association property in the scheme, and
(b) in relation to a strata scheme—the land from time to time comprising the lots and common property in the scheme.
(a) a development consent within the meaning of the Environmental Planning and Assessment Act 1979, or
(b) an approval under Division 5.2 of that Act.
(a) precinct property,
(b) a public reserve or a drainage reserve,
(c) subject to a subsidiary scheme,
(d) severed from the precinct scheme.
(a) association property the use of which is restricted by a management statement, or
(b) common property in a strata scheme the use of which is restricted by the by-laws of the strata scheme.
(a) the Commissioner for Fair Trading, Department of Customer Service, or
(b) if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department of Customer Service.
(a) of a community scheme—means a precinct association, neighbourhood association or strata corporation constituted under a precinct scheme, neighbourhood scheme or strata scheme that is part of the community scheme, or
(b) of a precinct scheme—means a neighbourhood association or strata corporation constituted under a neighbourhood scheme or strata scheme that is part of the precinct scheme.
(a) of a community scheme—means a precinct scheme, neighbourhood scheme or strata scheme that is part of the community scheme, or
(b) of a precinct scheme—means a neighbourhood scheme or strata scheme that is part of the precinct scheme.
Community Land Management Act 2021 No 7. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (599) LW 14.10.2021. This Act has been amended as follows—
No 32 | Customer Service Legislation Amendment Act 2021. Assented to 29.11.2021. Date of commencement of Sch 1.2, assent, sec 2(1). | |
No 5 | COVID-19 and Other Legislation Amendment (Regulatory Reforms) Act 2022. Assented to 24.3.2022. Date of commencement of Sch 1.3[1] and [2], assent, sec 2(1); date of commencement of Sch 1.3[3]–[10], 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 7 | Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2. | |
No 45 | Strata Legislation Amendment Act 2023. Assented to 11.12.2023. Date of commencement of Sch 4[1]–[22] [24]–[34] and [36]–[59], assent, sec 2(b); date of commencement of Sch 4[23] and [35], 1.11.2024, sec 2(a) and 2024 (542) LW 1.11.2024. | |
No 53 | Better Regulation Legislation Amendment (Miscellaneous) Act 2024. Assented to 20.8.2024. Date of commencement of Sch 1.4, assent, sec 2(b). | |
No 65 | Strata Managing Agents Legislation Amendment Act 2024. Assented to 30.9.2024. Date of commencement of Sch 3[1] [2] [7] [9] and [11], 8.11.2024, sec 2 and 2024 (559) LW 8.11.2024; date of commencement of Sch 3[3]–[6] [8] [10] and [12], 3.2.2025, sec 2 and 2024 (559) LW 8.11.2024. | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2024. Assented to 21.11.2024. Date of commencement of Sch 1, assent, sec 2(b). | |
No 14 | Strata Schemes Legislation Amendment Act 2025. Assented to 2.3.2025. Date of commencement of Sch 2[1]–[5] [7], to the extent it substitutes sec 41(1), [8]–[10] [12]–[15] [18] [21] [31] [33] [34] [36]–[46] [52] and [57], to the extent it inserts the definitions of |
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.
Sec 5 | Am 2025 No 14, Sch 2[1]. |
Sec 12 | Am 2025 No 14, Sch 2[2]. |
Sec 13 | Am 2025 No 14, Sch 2[3] [4]. |
Sec 14 | Am 2022 No 59, Sch 1.6[1] [2]; 2023 No 45, Sch 4[1]; 2025 No 14, Sch 2[5]. |
Sec 25 | Am 2023 No 45, Sch 4[2]. |
Sec 30 | Am 2023 No 45, Sch 4[3]. |
Sec 31 | Am 2023 No 45, Sch 4[4]. |
Sec 32 | Am 2023 No 45, Sch 4[5]–[9]. |
Sec 35 | Am 2023 No 45, Sch 4[10] [11]. |
Sec 38 | Am 2023 No 45, Sch 4[12] [13]. |
Sec 39 | Am 2023 No 45, Sch 4[14] [15]. |
Sec 41 | Am 2025 No 14, Sch 2[7]. |
Sec 46 | Am 2025 No 14, Sch 2[8]–[10]. |
Sec 49 | Am 2025 No 14, Sch 2[11]. |
Sec 53 | Am 2025 No 14, Sch 2[12]. |
Sec 54 | Am 2023 No 45, Sch 4[16]. |
Sec 59 | Am 2025 No 14, Sch 2[13]. |
Sec 61 | Am 2024 No 65, Sch 3[1]–[3]; 2025 No 14, Sch 2[14]. |
Sec 64 | Am 2024 No 65, Sch 3[1] [4]–[7]. |
Sec 66 | Am 2025 No 14, Sch 2[15]. |
Part 4, Div 4, heading | Am 2025 No 14, Sch 2[16]. |
Sec 70 | Am 2025 No 14, Sch 2[17]. |
Sec 71 | Am 2025 No 14, Sch 2[18]. |
Sec 74A | Ins 2025 No 14, Sch 2[19]. |
Sec 75 | Am 2024 No 65, Sch 3[1] [8]. |
Sec 76 | Am 2025 No 14, Sch 2[20]. |
Sec 80 | Subst 2023 No 45, Sch 4[17]. |
Sec 83 | Am 2024 No 53, Sch 1.4; 2025 No 14, Sch 2[21]. |
Sec 88 | Am 2023 No 45, Sch 4[18] [19]; 2025 No 14, Sch 2[22]. |
Sec 90 | Am 2023 No 45, Sch 4[20]; 2025 No 14, Sch 2[23]–[27]. |
Sec 91 | Am 2025 No 14, Sch 2[29] [30]. |
Sec 99 | Am 2024 No 82, Sch 1.5. |
Sec 105A | Ins 2023 No 45, Sch 4[21]. |
Sec 106 | Am 2025 No 15, Sch 2[31] [32]. |
Sec 108A | Ins 2023 No 45, Sch 4[22]. |
Sec 109 | Am 2024 No 53, Sch 1.4; 2025 No 14, Sch 2[33] [34]. |
Sec 124 | Am 2025 No 14, Sch 2[36]–[39]. |
Sec 125A | Ins 2025 No 14, Sch 2[40]. |
Sec 129A | Ins 2023 No 45, Sch 4[23]. |
Sec 130 | Am 2023 No 45, Sch 4[24]. |
Sec 130A | Ins 2023 No 45, Sch 4[25]. Am 2025 No 14, Sch 2[41]. |
Sec 130B | Ins 2025 No 14, Sch 2[42]. |
Sec 131 | Am 2023 No 45, Sch 4[26]. |
Sec 133 | Am 2023 No 45, Sch 4[27]–[30]. |
Sec 135 | Am 2025 No 14, Sch 2[43] [44]. |
Sec 138 | Am 2022 No 59, Sch 1.6[3]. |
Sec 154 | Am 2024 No 65, Sch 3[9] [10]. |
Sec 164 | Subst 2023 No 45, Sch 4[31]. |
Sec 166 | Am 2023 No 45, Sch 4[32] [33]. |
Sec 172 | Am 2022 No 59, Sch 1.6[4]. |
Sec 173 | Am 2025 No 14, Sch 2[45] [46]. |
Part 10A | Ins 2025 No 14, Sch 2[49]. |
Part 10A, Div 1 | Ins 2025 No 14, Sch 2[49]. |
Sec 177A | Ins 2025 No 14, Sch 2[49]. |
Sec 177B | Ins 2025 No 14, Sch 2[49]. |
Part 10A, Div 2 | Ins 2025 No 14, Sch 2[49]. |
Sec 177C | Ins 2025 No 14, Sch 2[49]. |
Sec 177D | Ins 2025 No 14, Sch 2[49]. |
Sec 177E | Ins 2025 No 14, Sch 2[49]. |
Sec 177F | Ins 2025 No 14, Sch 2[49]. |
Part 10A, Div 3 | Ins 2025 No 14, Sch 2[49]. |
Part 10A, Div 3, Subdiv 1 | Ins 2025 No 14, Sch 2[49]. |
Sec 177G | Ins 2025 No 14, Sch 2[49]. |
Sec 177H | Ins 2025 No 14, Sch 2[49]. |
Part 10A, Div 3, Subdiv 2 | Ins 2025 No 14, Sch 2[49]. |
Sec 177I | Ins 2025 No 14, Sch 2[49]. |
Sec 177J | Ins 2025 No 14, Sch 2[49]. |
Sec 177K | Ins 2025 No 14, Sch 2[49]. |
Sec 177L | Ins 2025 No 14, Sch 2[49]. |
Sec 177M | Ins 2025 No 14, Sch 2[49]. |
Sec 177N | Ins 2025 No 14, Sch 2[49]. |
Part 10A, Div 3, Subdiv 3 | Ins 2025 No 14, Sch 2[49]. |
Sec 177O | Ins 2025 No 14, Sch 2[49]. |
Sec 177P | Ins 2025 No 14, Sch 2[49]. |
Sec 177Q | Ins 2025 No 14, Sch 2[49]. |
Part 10A, Div 4 | Ins 2025 No 14, Sch 2[49]. |
Sec 177R | Ins 2025 No 14, Sch 2[49]. |
Sec 177S | Ins 2025 No 14, Sch 2[49]. |
Part 10A, Div 5 | Ins 2025 No 14, Sch 2[49]. |
Sec 177T | Ins 2025 No 14, Sch 2[49]. |
Sec 177U | Ins 2025 No 14, Sch 2[49]. |
Sec 177V | Ins 2025 No 14, Sch 2[49]. |
Sec 177W | Ins 2025 No 14, Sch 2[49]. |
Part 10A, Div 6 | Ins 2025 No 14, Sch 2[49]. |
Sec 177X | Ins 2025 No 14, Sch 2[49]. |
Sec 177Y | Ins 2025 No 14, Sch 2[49]. |
Sec 177Z | Ins 2025 No 14, Sch 2[49]. |
Sec 177ZA | Ins 2025 No 14, Sch 2[49]. |
Sec 177ZB | Ins 2025 No 14, Sch 2[49]. |
Sec 177ZC | Ins 2025 No 14, Sch 2[49]. |
Sec 188 | Am 2023 No 7, Sch 1.1[1]. |
Sec 194 | Am 2023 No 7, Sch 1.1[2]. |
Sec 196 | Am 2023 No 45, Sch 4[34] [35]. |
Sec 205 | Am 2022 No 59, Sch 1.6[4]. |
Sec 206 | Am 2023 No 7, Sch 1.1[1] [3] [4]. |
Sec 217 | Am 2025 No 14, Sch 2[50]. |
Sec 219 | Am 2023 No 45, Sch 4[36]–[42]. |
Sec 224 | Am 2023 No 45, Sch 4[43]. |
Sec 225 | Am 2023 No 45, Sch 4[44]. |
Sec 226 | Am 2022 No 5, Sch 1.3[1] [2]; 2023 No 45, Sch 4[45]–[47]. |
Sec 227 | Am 2023 No 45, Sch 4[48] [49]. |
Sec 228 | Am 2024 No 53, Sch 1.4. |
Sec 233 | Am 2023 No 45, Sch 4[50]; 2025 No 14, Sch 2[51]. |
Sec 234 | Am 2022 No 5, Sch 1.3[3]–[5]. |
Sec 235 | Am 2022 No 5, Sch 1.3[6] [7]. |
Sec 238 | Ins 2021 No 32, Sch 1.2. Rep 2022 No 5, Sch 1.3[8]. |
Sch 1 | Am 2022 No 5, Sch 1.3[9]; 2023 No 45, Sch 4[51]–[55]; 2024 No 65, Sch 3[11]; 2025 No 15, Sch 2[52]–[56]. |
Sch 2 | Am 2022 No 5, Sch 1.3[10]; 2023 No 45, Sch 4[56] [57]. |
Sch 3 | Am 2023 No 45, Sch 4[58]; 2025 No 15, Sch 2[56]. |
Sch 4 | Rep 1987 No 15, sec 30C. |
Dictionary | Am 2023 No 45, Sch 4[59]; 2024 No 65, Sch 3[12]; 2025 No 14, Sch 2[57]. |
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