Publications

Changes to the laws for strata and community schemes about electronic voting for meetings and using electronic seals will start on 30 September 2022.

These changes replace the temporary COVID-19 measures that have applied to strata and community schemes since June 2020.

The instruments giving effect to the changes were published on the NSW legislation website on Friday:

• Commencement proclamation for Schedule 1.3[3]-[10] and Schedule 1.17[3]-[10] of the COVID-19 and Other Legislation Amendment (Regulatory Reforms) Act 2022, which amends the Community Land Management Act 2021 and Strata Schemes Management Act 2015 respectively,

• the Strata Schemes Management Amendment (COVID-19) Regulation (No 2) 2022, and

• the Community Land Management Amendment (COVID-19) Regulation (No 2) 2022.

Summary of key changes

The key changes include:

• enabling schemes to meet and vote in person, or by using electronic means specified in the meeting notice without the need for a prior resolution (pre-meeting electronic voting still needs a prior resolution),

• requiring the secretary or managing agent of a scheme to take reasonable steps to ensure each person eligible to participate and vote at an electronic meeting can do so,

• small changes to procedures for the nomination and election of strata and association committee members and office holders, and

• enabling schemes to keep and use an electronic form of their seal for the execution of documents in accordance with certain requirements. Schemes can also continue to use the physical form of the seal.

Transitional arrangements

 The temporary COVID-19 measures for strata and community schemes end on 29 September 2022. The measures allowed schemes to use pre-meeting electronic voting without a prior resolution. From 30 September 2022, a resolution will be required before pre-meeting electronic voting can be used.

If a scheme arranged pre-meeting electronic voting for a matter before 30 September 2022 for a meeting held on or after 30 September, a prior resolution is not required.

The temporary COVID-19 measures that enabled schemes to meet and vote using electronic means during a meeting without the need for a prior resolution, will, in effect, continue from 30 September under the permanent changes. Therefore, there are no transitional arrangements for these changes.

From 30 September 2022, schemes will no longer be able to execute documents by signing. Instead, a physical or electronic form of the seal is required to execute documents.

  New strata and community schemes laws_stakeholder communication pack_Sept2022

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