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Strata reform: property management

Major changes to the management of strata schemes will commence on 30 November 2016. For a general overview of the changes to be introduced, you can read our earlier blog.  This blog is the first in a series covering the key changes to strata legislation and how it will affect different aspects of a strata scheme, including:

  • Governance;
  • Property Management;
  • By-laws; and
  • the new building defects regime (note the start date for this legislation is 1 July 2017).

One of the most exciting changes for residents in strata complexes is that under the Strata Schemes Management Regulations 2016 (the Regulations) the Owners Corporation (OC) may dispose of goods left on common property, including motor vehicles.  The Regulations outline the process to be followed by the OC and we set out below the proposed process to be followed to remove a dumped car from common property:

  • the OC puts a removal notice on the vehicle and waits for a specified period of time;
  • following the expiration of the period of time, the vehicle can then be moved to:
    • another place on the common property; or
    • to the nearest place it can lawfully be moved such as a street (with unrestricted parking).
  • the OC can then apply for an order to the Tribunal for the owner of the vehicle to pay its reasonable costs for the removal.

Whilst this is an exciting development for strata complexes, in reality the removal costs will likely be borne by the OC (and therefore the owners).

The next blog in our strata update series will look at the changes in how an OC is to be managed.

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