New Dispute Resolution Laws - NSW - SSKB - Strata Managers | Community Experts

New Dispute Resolution Laws – NSW

SSKB Strata managers examines the changes to the NSW Strata Laws

New strata laws apply in New South Wales from 30 November. SSKB has reviewed these new laws and in response to enquiries from our clients, we address some of the major changes that will affect your community. If you have any further questions regarding these changes, please contact your SSKB strata manager.

The new strata reforms create a more streamlined approach to dispute resolution and more opportunities to mediate an outcome between parties without the need to go to an NCAT adjudication.

Parties in dispute must attend a mediation session but will no longer require a preliminary adjudication. Instead, the matter will go straight to a hearing.

These reforms will expand the Tribunal’s power to exclusively deal with most strata disputes, including orders to recover outstanding levies. SSKB managed communities already benefit from our industry-leading arrears recovery process.

Options for owners corporations under the new legislation includes:

  • being able to register outstanding levies as a debt in the Local court
  • the ability to offer payment plans with lot owners if they wish, for up to 12 months
  • debt recovery enforced by the local court including, for the first time the ability to garnishee any rent paid by a tenant to a real estate agent to recover the debt

The Tribunal’s expanded powers will help it ensure owners corporations can run more smoothly where there is dysfunction in a scheme. These include removing members of the executive committee and the strata managing agent and forcing election of office holders.

The Tribunal will also be able to limit the matters that committees can make decisions about and require votes on certain matters.

If you would like to know more about this change and others which are coming from November 30, the Strata Schemes Management Regulation 2016 is available here.

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