Changes to Ways of Voting in Strata Schemes from 30 September 2022

Blog  >
Changes to Ways of Voting in Strata Schemes from 30 September 2022

By Ivana Hayman and Alyce Kliese

Changes to strata legislation

The temporary COVID-19 changes to laws governing strata and community schemes have come to an end as of Thursday 29 September 2022.

Temporary changes to the laws governing these schemes have been in operation throughout 2020 and 2021 throughout the COVID-19 pandemic. The temporary changes included flexibility of meeting and voting electronically without the need for a specific resolution and execution of documents by way of electronic seal.

What does this mean for you?

The Strata Schemes Management Amendment (COVID-19) Regulation (No 2) 2022 pursuant to the Strata Schemes Management Act 2015 will require a resolution be put before the owner’s corporation before pre-meeting electronic voting can be adopted. Once the resolution has been made by the owner’s corporation, owners will then have flexibility for electronic voting to be available for all future meetings.

Furthermore, a strata scheme’s seal must be physically affixed to a document in order for a strata or community scheme to provide formal approval to that document. The legislative changes now provide for the electronic affixing of the seal to documents, as long as particular requirements are met. For example, electronic affixing of the seal is allowable in the presence of all owners in the scheme, or if there is a strata managing agent

More information:

For more information check out the NSW Fair Trading resource below:

https://www.fairtrading.nsw.gov.au/resource-library/publications/coronavirus-covid-19/covid-19-strata-guidelines

As well as the Strata Schemes Management Act 2015  (see for example sections 3A, 10, 11, 14-14B, 17A, 17B and 68B):

https://legislation.nsw.gov.au/view/html/inforce/current/act-2015-050