NSW Strata Title Reform Position Paper Released

Monday 3 March 2014 @ 12.46 p.m. | Legal Research

The NSW Government has released a position paper as the third stage for their comprehensive consultation regarding NSW Strata and Community Land Title.

The Steps to Here 

Initially, the government put together an online discussion forum which commenced in December 2011. More than 1,200 responses were received during the process and a discussion paper was produced in September 2012.

The second stage of the process included over 12 months of consultation with strata sector stakeholders, including roundtable discussion groups which focused on building maintenance and defects, governance and dispute resolution, and scheme termination and redevelopment. 

The Current Position Paper

 The position paper represents the third phase of the government’s comprehensive review and reform program. It focuses on five major areas of reform:

  • Governance: owner and occupier participation, transparency and accountability and removing red tape
  • Managing the built environment: building defects and maintenance, collective sales and renewals, common property (including repairs) and responsibilities
  • Budgets and levies
  • By-laws
  • Managing disputes: including the role of the NSW Civil and Administrative Tribunal. 

In essence, the position paper encourages a comprehensive set of reforms to the strata laws that the Government intends to introduce. The reforms are designed to:

  • empower communities to make their own decisions in a democratic way;
  • foster a culture of community and cooperation;
  • improve governance through greater transparency and accountability;
  • help ensure building defects are identified and rectified earlier;
  • establish a fair process for the collective sale and renewal of strata schemes;
  • provide a simple and effective means for resolving disputes;
  • recognise the importance of communication and education;
  • provide protection for individuals from unfair practices;
  • encourage participation in meetings and decision-making by residents and owners;
  • be future orientated, with emphasis given to modern technology;
  • establish flexible administrative and management arrangements; and
  • reduce red tape, update terminology and simplify requirements.

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