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Key developments

  • Draft Strata Schemes Development Bill 2015
  • Draft Strata Schemes Management Bill 2015
  • Review of police use of Firearms Prohibition Order search powers
  • Foreign Resident Withholding Tax proposal
  • Inquiry into remedies for the serious invasion of privacy in New South Wales

Draft Strata Schemes Development Bill 2015

The Property Law Committee made a submission to NSW Fair Trading focusing on the Part 10 Strata renewal process for freehold strata schemes.

The Committee suggested there needs to be a cost efficient arbitrator to review non-compliance with the procedure set up by Part 10 in the early stages of the renewal process.

The Committee suggested that interested persons should be able to approach the NSW Civil and Administrative Tribunal to seek redress for non-compliance with Part 10 procedures in the initial stages of the process. (This is to be distinguished from the later proceedings which may be taken, appropriately in the Committee’s view, in the Land and Environment Court for the approval of the strata renewal plan).

The Committee noted that, with the change to a threshold of 75 per cent support being required for a termination, some owners will be required to leave their home against their wishes. The Committee supported NSW Fair Trading’s proposed Strata Renewal Advice and Advocacy Program, which will provide services for certain vulnerable lot owners, including advice and assistance with alternative housing choices. In the Committee’s view, this program should be adequately resourced and closely monitored.

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