Tuesday, May 17, 2022

Strata Schemes Management Act 2015 No 50

Part 3
Division 1
Section 33

Tenant representatives | Section 33

(1)  This section applies to a strata scheme if there are tenants (being tenants notified in a tenancy notice given in accordance with this Act) for at least half of the number of lots in the scheme.

(2)  The tenants of lots in a strata scheme (being tenants notified in a tenancy notice given in accordance with this Act) may nominate one tenant representative for the strata committee.

(3)  The tenant representative on a strata committee, in that capacity—

(a)  is not entitled to vote on decisions of the committee or to put a motion or nominate a person for office, and

(b)  is not entitled to act as an officer of the owners corporation for committee purposes, and

(c)  cannot be counted in determining whether there is a quorum of the committee.

(4)  The strata 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)  a strata renewal proposal under Part 10 of the Strata Schemes Development Act 2015 or any related matter,

(e)  any other financial matter specified by the regulations.

(5)  The regulations may provide for the procedures for nomination of a tenant representative, including the term for which a tenant representative is appointed, the notification of an appointment and the end of an appointment.

© 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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