Impact of New Strata Laws on Developers

The new strata laws which commenced 30 November last year have far reaching consequences for the strata community and the strata development communities. Some key changes for developers include:

  1. A process to facilitate the termination of strata schemes by way of collective sale or redevelopment.
  2. A building defect bond scheme which applies to residential buildings over 3 stories (to come into effect on 1 July 2017).
  3. Developer obligations to prepare a maintenance schedule to table at the first annual general meeting.
  4. Restrictions on the rights of developers from voting at meetings of the owners corporation on matters relating to building defects for residential buildings over three stories.
  5. The addition of further documents to the list of documents developers must hand over to the owners corporation of new buildings.
  6. Now no need for a registered strata management statement where there is already a registered building management statement.
  7. All building management statements and strata management statements must provide for the fair allocation of the costs of shared facilities and must provide a review process for the allocation of costs when there is a change to the shared facilities and in any event every five years.
  8. In a staged strata scheme, enabling a strata development lot to be subdivided by a further strata development lot in a staged strata scheme.
  9. Establishment of broad principles for by-laws, including that they cannot be harsh, unconscionable or oppressive.

Phillippa

Russell

Lawyer