On 30 June 2022 a new information regime comes into effect for strata schemes. That regime is as a result of the Strata Schemes Management Amendment (Information) Regulation 2021.
What effect does this mean for strata managers and self-managed strata schemes?
Owners Corporations will, from 30 June 2022, have to provide information annually to the new Strata Hub.
New regulations 43 to 43C of the Strata Schemes Management Regulations 2016 (NSW) provide for the information that is required to be provided and when it is required. In summary:
When is information required?
The following information is required:
- The strata plan number, date of registration, and address of the strata plan
- If the strata scheme is part of a community or precinct scheme, the date of registration of the community or precinct scheme it is part of
- The number of lots in the strata scheme and the number of lots broken down into the following uses:
- Used for residential purposes
- Used as a retirement village
- For commercial purposes
- For the purposes of a utility lot (a lot that is designed to be used primarily for storage or accommodation of boats, motor vehicles or goods and not for human occupation as a residence, office, shop or the like.); or
- Other purposes
- For a class 2 building (i.e. residential building) the number of stories above ground level
- The date of the most recent annual general meeting
All of this information may be publically disclosed. The information below is to be provided by owners corporation’s but some of it may only be disclosed to certain people including people named on the strata roll, the secretary, strata committee members, the building manager or to Fire & Rescue NSW or other emergency services.
- If the building has a NABERS rating, that rating
- If an interim or final occupation certificate has been issued for a building in the scheme, the date of that certificate
- If an Annual Fire Safety Statement has been issued – the date of the most recent statement
- If the owners corporation is required to insure the building or part of it the replacement value of the building as specified in the policy or by the NCAT
- The full name, telephone number and email address of each of the secretary and chairperson of the scheme;
- The full name, telephone number and email address of the strata managing agent together with their licence number, if one has been appointed
- The full name, telephone and email address of the building manager, if one has been appointed
- The full name, telephone number and email address of the emergency contact person for the strata scheme and details of their connection with the scheme,
- If the owners corporation is required to establish a capital works fund, the balance of that fund; and
- Whether a strata renewal committee is currently established as part of a strata renewal process.
Note that when lodging documents, a lodgement fee of $3.00 per lot applies to cover the administration and enforcement of this scheme.
Information provided through the Strata Hub
What are the penalties for non-compliance?
Penalties apply (currently up to $220) for providing incorrect information and not correcting it and also for not providing the information initially (currently up to $5,000).
This is general information and should not be considered to be legal advice. If you are affected you should obtain legal advice specific to your individual situation.
Author: Alison Benson
Kerin Benson Lawyers