New regulations under the Strata Schemes Management Act 2015, made by way of the Strata Schemes Management Amendment (Information) Regulation 2021 will impose new reporting requirements on strata schemes. These amendments will commence on 1 May 2022.
Essentially, schemes will be required to lodge an annual return with Fair Trading and pay an administration fee of $3 per lot. This return must be lodged within three months of each AGM, with an extension to 1 August 2022 for the return following a first AGM, if held on or before 1 May 2022. It is expected that there will be a portal and that some of the information required will be pre-populated using information already held by Fair Trading. There will also be obligations to correct or update information already provided, within 28 days after the secretary or managing agent becomes aware of circumstances necessitating this. These requirements will be enforced by fines of up to $2,200
Some of this information is quite detailed, in fact arguably intrusive. Further, some of this information will be available publicly. Essentially, the information to be held by Fair Trading will divide into the following categories:
1. Information which may be disclosed publicly.
Extracts from clause 43A:
the strata plan number of the strata scheme,
the date of registration of the strata plan for the strata scheme,
if the strata scheme is part of a community scheme—the date of registration and the number of the community plan, within the meaning of the,
if the strata scheme is part of a precinct scheme—the date of registration and the number of the precinct plan, within the meaning of the,
the address of the parcel of the strata scheme,
the total number of lots in the strata scheme,
the number of lots in the strata scheme used for the following purposes;
- residential purposes,
- the purposes of a retirement village,
- commercial purposes,
- the purposes of a utility lot,
- other purposes
for a class 2 building, within the meaning of the Building Code of Australia, of the strata scheme—the number of storeys above ground level in the building,
the date of the most recent annual general meeting of the owners corporation,
2. Information which may only be disclosed to persons on the strata roll for the relevant scheme, secretary of the owners corporation, members of the strata committee and the building manager
Extracts from clause 43A:
if an annual fire safety statement has been issued under the Environmental Planning and Assessment Act 1979 for a building of the strata scheme—the date the most recent statement was issued,
the following details of the secretary of the owners corporation—
- full name,
- telephone number,
- email address
the following details of the chairperson of the owners corporation—
- full name,
- telephone number,
- email address,
if there is a strata managing agent appointed for the strata scheme—the following details of the agent—
- full name,
- telephone number,
- email address,
- the number of the agent’s licence under the Property and Stock Agents Act 2002,
if there is a building manager appointed for the strata scheme—the following details of the manager—
- full name,
- telephone number,
- email address,
whether a strata renewal committee is currently established under the Strata Schemes Development Act 2015 in relation to the strata scheme and, if so, the date the committee was established.
3. Information which may be disclosed to Fire and Rescue NSW or Local Council
Extracts from clause 43A:
if an annual fire safety statement has been issued under the Environmental Planning and Assessment Act 1979 for a building of the strata scheme—the date the most recent statement was issued,
the following details of the secretary of the owners corporation—
- full name,
- telephone number,
- email address,
if there is a strata managing agent appointed for the strata scheme—the following details of the agent—
- full name,
- telephone number,
- email address,
- the number of the agent’s licence under the Property and Stock Agents Act 2002,
the following details of the emergency contact person for the strata scheme
- full name,
- telephone number,
- email address,
- the person’s connection to the strata scheme,
4. Information which may be provided to NSW State Emergency Services, Ambulance Service of New South Wales and NSW Police Force
Extracts from clause 43A:
the following details of the emergency contact person for the strata scheme—
- full name,
- telephone number,
- email address,
- the person’s connection to the strata scheme.
Prepared by Bannermans Lawyers
