Strata Schemes Management Regulation 2016

This Regulation is the Strata Schemes Management Regulation 2016.

Except as provided by subclause (2), this Regulation commences on 30 November 2016 and is required to be published on the NSW legislation website.

Part 8 commences on 1 January 2018.

In this Regulation—

approved form means a form approved by the Secretary.

benefit, for Part 2A—see section 17C.

close of the ballot—see clause 15(8).

Department means the Department of Customer Service.

pre-meeting electronic voting, for Part 2—see clause 3A.

the Act means the Strata Schemes Management Act 2015.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

Notes included in this Regulation do not form part of this Regulation.

In this Part—

pre-meeting electronic voting means voting on a matter by electronic means before the meeting at which the matter will be determined.

For the purposes of section 13(1)(h) of the Act, the following functions of an owners corporation are prescribed as functions that may be delegated to or conferred only on a member of the strata committee or a strata managing agent—

arranging for inspections for the purposes of fire safety in accordance with section 123 of the Act,

ensuring that the owners corporation complies with any relevant requirements under the Work Health and Safety Act 2011,

entering into contracts relating to the maintenance of common property or the provision of services to the common property (other than contracts relating to a parcel),

arranging for inspections of records and other documents under section 183 of the Act,

giving certificates under section 184 of the Act.

For the purposes of section 15(2)(p) of the Act, the agenda for the first annual general meeting of an owners corporation is to include the following item, if a tenant representative has been nominated for the strata committee in accordance with section 33 of the Act—

to receive the nomination of a tenant representative for the strata committee

The agenda for the first annual general meeting of an owners corporation is also to include the following item, if the initial period of the strata scheme ends not later than 12 months after completion of building work for which a building inspector is required to be appointed under Part 11 of the Act—

to approve the appointment of a building inspector for the purposes of Part 11 of the Act

For the purposes of section 16(1)(f) of the Act, the following documents obtained or received by the original owner or lessor and relating to the parcel concerned, or any building, plant or equipment on the parcel, are prescribed—

if a building is required to be insured under Division 1 of Part 9 of the Act, any valuation of the building,

maintenance and service manuals,

all service agreements relating to the supply of gas, electricity or other utilities to the parcel,

copies of building contracts for the parcel, including any variations to those contracts,

the most recent BASIX certificate (issued under the Environmental Planning and Assessment Act 1979) for each building on the parcel.

A person who is entitled to convene an annual general meeting of an owners corporation that has tenants for at least half of the number of lots in the scheme must convene a meeting of eligible tenants for the purpose of the nomination of a person for the position of tenant representative on the strata committee.

The person must give notice of the meeting to each eligible tenant at least 14 days before the annual general meeting and the tenants meeting may be held at any time before the annual general meeting, but not earlier than 7 days after notice of the meeting is given.

Notice may be given in one of the following ways—

by causing a copy of the notice to be prominently displayed on any notice board required to be maintained by or under the by-laws on some part of the common property,

by written notice given to each eligible tenant.

The convenor of the meeting, or a tenant nominated by the eligible tenants present at the meeting, is to chair the tenants meeting.

An eligible tenant may nominate for, or nominate another eligible tenant for, nomination as the tenant representative at the meeting.

The tenant representative to be nominated by the eligible tenants for a strata scheme is to be determined by majority vote of tenants present at the meeting.

The quorum for the meeting is one person.

The term of a tenant representative commences at the end of the annual general meeting at which the nomination is received.

A person is an eligible tenant for the purposes of this Part if the tenant is a tenant notified in a tenancy notice given in accordance with the Act.

A tenant representative ceases to be a tenant representative—

if the person ceases to be an eligible tenant, or

on receipt by the secretary of the owners corporation from the person of written notice of the person’s resignation as the tenant representative, or

at the end of the next meeting at which a new strata committee is elected by the owners corporation, or

if the person dies.

If a tenant representative ceases to be a tenant representative before the next meeting at which a new strata committee is elected, the secretary of the owners corporation is to convene a meeting of eligible tenants for the purpose of the nomination of a person for the position of tenant representative on the strata committee.

The secretary must give at least 7 days notice of the meeting to each eligible tenant.

The secretary, a member of the strata committee or a tenant nominated by the eligible tenants at the meeting is to chair the tenants meeting.

Clause 7(3), (5) and (6) apply to the nomination of a replacement tenant representative.

The term of a replacement tenant representative is for the remainder of the term of the representative that the person replaces.

At a meeting of an owners corporation at which the strata committee is to be elected, the chairperson must—

announce the names of the candidates already nominated in writing for election to the strata committee, and

call for any oral nominations of candidates eligible for election to the strata committee.

A written or oral nomination made for the purposes of the election is ineffective if it is made by a person other than the nominee unless it is supported by the consent of the nominee given—

in writing, if the nominee is not present at the meeting, or

orally, if the nominee is present at the meeting.

After the chairperson declares that nominations have closed, the owners corporation is to decide, in accordance with the Act, the number of members of the strata committee.

If the number of candidates—

is the same as, or fewer than, the number of members of the strata committee decided on—those candidates are to be declared by the chairperson to be, and are taken to have been, elected as the strata committee, or

is greater than the number so decided on—a ballot is to be held.

This clause applies to the election of a strata committee for a strata scheme comprising more than 2 lots.

If a ballot for membership of the strata committee of an owners corporation is required, the person presiding at the meeting of the owners corporation must—

announce to the meeting the name of each candidate, and

provide each person present and entitled to vote at the meeting with a blank ballot paper for each vote the person is entitled to cast.

For a vote to be valid, a ballot paper must be signed by the voter and completed by the voter’s writing on it—

the names of the candidates (without repeating a name) for whom the voter desires to vote, the number of names written being no more than the number determined by the owners corporation as the number of members of the strata committee, and

the capacity in which the voter is exercising a right to vote, whether—

as owner, first mortgagee or covenant chargee of a lot (identifying the lot), or

as a company nominee, or

by proxy, and

if the vote is being cast by proxy—the name and capacity of the person who gave the proxy.

Note—

See the Electronic Transactions Act 2000, section 9, in relation to requirements for the electronic signature of a person.

The completed ballot paper must be returned to the chairperson.

For the Act, section 271(2)(n), the ballot paper—

may be provided or delivered by electronic means specified in the notice given under clause 14(a) in relation to the meeting, and

if the ballot paper is provided or delivered by electronic means—must be returned to the chairperson in a way specified in the notice given under clause 14(a) in relation to the meeting.

Note—

See the Act, Schedules 1 and 2, and this Regulation, clause 14, in relation to notices for meetings.

Until all places for membership of the strata committee have been filled, the chairperson is to declare elected successively each candidate who has a greater number of votes than all other candidates who have not been elected.

If only one place remains to be filled but there are 2 or more eligible candidates with an equal number of votes, the candidate to fill the place is to be decided by a show of hands of the persons present and entitled to vote.

For subclause (6), a person is taken to vote by a show of hands on a matter at a meeting if—

the notice for the meeting specified voting by electronic means while participating in the meeting as a way of voting at the meeting, and

Note—

See the Act, Schedule 1, clause 28(3) and this Regulation, clause 14(a).

the person uses the electronic means to indicate the voter’s choice on the matter while participating in the meeting.

The written notice of the first meeting of a strata committee after the appointment of the committee is to include a call for nominations for chairperson, secretary and treasurer of the committee.

Any person who is a member of the strata committee may nominate another member for election as any or all of chairperson, secretary or treasurer of the committee.

A nomination must be made by written notice or orally at the meeting in accordance with this clause, or the nomination is ineffective.

A nomination made by written notice must be given to the person convening the meeting, stating the name of—

the person nominated, and

the person making the nomination and that the person nominated consents to the nomination.

The person convening the meeting must include any prior nominations in the notice of the meeting at which the election is to take place. Notice of any subsequent nomination is to be given by the convenor at the meeting.

A nomination may be made at any time before the election is held and may be made at the meeting.

For an oral nomination—

the nomination must be made at the meeting, and

the person nominated must—

be present at the meeting, and

consent to the nomination.

If a ballot for the election of a person as chairperson, secretary or treasurer of the committee is required, the election is to be conducted by a show of hands of the persons present at the meeting and entitled to vote.

For subclause (6), a person is taken to vote by a show of hands on a matter at a meeting if—

the notice for the meeting specified voting by electronic means while participating in the meeting as a way of voting at the meeting, and

Note—

See the Act, Schedule 2, clause 10(3) and this Regulation, clause 14(a).

the person uses the electronic means to indicate the voter’s choice on the matter while participating in the meeting