Saturday, December 5, 2020

Strata Schemes Management Act 2015 No 50

Introductory note

Introductory note.

This Part gives power to the Tribunal to make orders to settle disputes about certain matters relating to the operation and management of a strata scheme. It also contains general provisions about the powers of the Tribunal and some other order-making powers of the Tribunal.

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

© State of New South Wales Department of Customer Service. For current information go to www.nsw.gov.au.

Disclaimer: Reproduced from the Strata Schemes Management Act 2015 . This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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