Strata Schemes Management Amendment Regulation 2003 (NSW)

2003 No 110

New South Wales

Strata Schemes Management Amendment Regulation 2003

under the

Strata Schemes Management Act 1996

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Strata Schemes Management Act 1996.

JOHN AQUILINA, M.P., Minister for Fair Trading

Explanatory note
The Strata Schemes Management Amendment Act 2002 is to commence on
10 February 2003.

The object of this Regulation is to amend the Strata Schemes Management Regulation 1997 so as to prescribe an amount to give effect to an amendment made by that Act that will have the result of restricting the exercise of priority votes, to alter notes on a form provided for the appointment of proxies (as a consequence of amendments made by that Act relating to the terms of appointment of, and voting by, proxies) and to increase fees for services performed by an owners corporation.

This Regulation is made under the Strata Schemes Management Act 1996, in particular, clause 7 (1) of Schedule 2 to and section 246 of that Act (the general regulation-making power).

Published in Gazette No 39 of 7 February 2003, page 854	Page 1
2003 No 110
Clause 1	Strata Schemes Management Amendment Regulation 2003

Strata Schemes Management Amendment Regulation

2003

under the

Strata Schemes Management Act 1996

1      Name of Regulation

This Regulation is the Strata Schemes Management Amendment

Regulation 2003.

2 Commencement

This Regulation commences on 10 February 2003.

3 Amendment of Strata Schemes Management Regulation 1997

The Strata Schemes Management Regulation 1997 is amended as set out in Schedule 1.

2003 No 110

Strata Schemes Management Amendment Regulation 2003

Amendments	Schedule 1
Schedule 1 Amendments

(Clause 3)

[1]      Clause 16 Fees

Omit clause 16 (2). Insert instead:

(2)

The following fees are payable to an owners corporation for
the services specified below:

Service	Fee
For making records available for	$24 and an additional $12 for
inspection under section 108 of	each half-hour or part of half an
the Act	hour after the first hour of inspection
For giving a certificate under	$84 and an additional $42 for a
section 109 of the Act	further certificate for a lot comprising a garage, parking space or storeroom that services the lot the subject of the first certificate

[2]      Clause 29

Insert after clause 28:

29 Monetary limit on exercise of priority vote

For the purposes of clause 7 (1) of Schedule 2 to the Act, the prescribed amount is the amount of $200 multiplied by the number of lots in the strata scheme concerned.

[3]      Schedule 2 Forms

Omit “*months/*meetings” from Form 3.

Insert instead “*1 meeting/*.......... meetings/*1 month/*.......... months/
*12 months or 2 consecutive Annual General Meetings”.

[4]      Schedule 2, Form 3

Omit “*Delete whichever does not apply”.

2003 No 110

Strata Schemes Management Amendment Regulation 2003

Schedule 1 Amendments

Insert instead “*Tick or tick and complete whichever applies”.

[5]      Schedule 2, Form 3

Insert “If no selection is made by the person giving the proxy, the proxy is effective only for one meeting.” after “whichever is the greater.” in the first note.

[6]      Schedule 2, Form 3

Insert “For examples, read note 1 below.” after “*Delete paragraph 3 if proxy is not authorised to vote on this matter.”.

[7]      Schedule 2, Form 3

Omit Note 1. Insert instead:

1  A proxy is not authorised to vote on a matter:

(a)	if the person who appointed the proxy is present at the relevant meeting and personally votes on the matter, or
(b)	so as to confer a pecuniary or other material benefit on the proxy, if the proxy is a strata managing agent, caretaker or on-site residential property manager.

BY AUTHORITY