Strata Schemes Management Act

What is strata Schemes management Act?

The Strata Schemes Management Act (SSMA) is the main legislation that sets out the framework for strata schemes in the Australian Capital Territory (ACT). The Act applies to all strata schemes, including those that are yet to be created.

The SSMA sets out the rules for the management and governance of strata schemes, including the roles and responsibilities of strata committees, strata managers, and lot owners. The Act also contains provisions relating to the sale of units in strata schemes and the disclosure of information about strata schemes.

The Act also sets out the rules for common property in strata schemes and provides for the resolution of disputes between strata scheme owners and managers.

What are the objectives of the strata Schemes management Act 2015?

The objectives of the Act are to:

- Provide for the establishment and management of strata schemes in the ACT;

- Promote the efficient and effective management of strata schemes;

- Facilitate the resolution of disputes between owners and managers of strata schemes;

- Provide for the disclosure of information about strata schemes;

- Regulate the sale of units in strata schemes; and

- Provide for the regulation of common property in strata schemes.

How does the Act apply to you?

The Act applies to all strata schemes, including those that are yet to be created. If you own a unit in a strata scheme, or are thinking of buying one, the Act will apply to you.

The Act also applies to strata managers and strata committees. If you are a strata manager or a member of a strata committee, you must comply with the Act.

What is the strata Schemes management Regulation 2016?

The Strata Schemes Management Regulation 2016 (the Regulation) is made under the Act and sets out detailed rules for the operation of strata schemes.

The Regulation contains provisions relating to:

- Strata committees and strata managers, including the election of strata committees and the appointment of strata managers;

- Strata funds, including the levying of strata fees and the investment of strata funds;

- Common property, including the repair and maintenance of common property;

- Disclosure of information about strata schemes, including the disclosure statement and the strata roll;

- Sale of units in strata schemes, including the cooling-off period and the transfer of strata titles;

- Meetings of owners, strata committees and strata managers, including the notice requirements for meetings; and

- Resolution of disputes between owners and managers of strata schemes.

Strata schemes management act 2021

in 2021, the Act was amended to provide for the establishment of a strata Titles Registry and to introduce a new system of strata titles. The amendments also included provisions relating to the sale of units in strata schemes and the disclosure of information about strata schemes.

The Act came into force on 1 January 2021. however, in 2022, the Act has been repealed and replaced with the new Strata Schemes Management Act 2022. In the new Act, the term "lot owner" has been replaced with the term "strata owner".

What is common property in a strata?

In a strata scheme, common property is any part of the land or building that is not privately owned by a lot owner. Common property is owned by all the lot owners in the strata scheme as tenants in common.

Common property includes external walls, roofs, driveways, gardens, swimming pools, and lifts. It also includes internal walls, floors, ceilings, and common services, such as heating and lighting.

Who owns what in strata?

lot owners in the strata scheme own the common property as tenants in common. Unit owners in the strata scheme own their lot, which is the space enclosed by internal walls, floors, and ceilings. The lot also includes any fixtures and fittings that are permanently fixed to the unit, such as kitchen cabinets and built-in wardrobes.

Are bathroom tiles covered by strata?

Bathroom tiles are not usually covered by strata. However, if the bathroom tiles are part of the common property, they may be subject to the rules set out in the Act.

Is window part of common property?

Windows are usually part of the common property. However, if the window is part of a unit, it may be owned by the unit owner. unit owners may have exclusive use of the windows in their unit, but they are still subject to the rules set out in the Act.

What is a section 22 notice strata?

A section 22 notice is a notice that is required to be given to a strata owner when their unit is being sold. The notice must be given at least 14 days before the sale of the unit.

The section 22 notice must contain certain information about the strata scheme, including the name and address of the strata manager, the levies that are payable by the strata owner, and the rules of the strata scheme.

The section 22 notice must also contain a statement that the sale of the unit is subject to the rules of the strata scheme.

What is a sales advice notice?

A sales advice notice is a notice that is required to be given to a strata owner when their unit is being sold. The notice must be given at least 14 days before the sale of the unit.

The sales advice notice must contain certain information about the strata scheme, including the name and address of the strata manager, the levies that are payable by the strata owner, and the rules of the strata scheme.

The sales advice notice must also contain a statement that the sale of the unit is subject to the rules of the strata scheme.

Strata management Act NSW

In the state of NSW, the Act was amended to provide for the establishment of a strata Titles Registry and to introduce a new system of strata titles. The amendments also included provisions relating to the sale of units in strata schemes and the disclosure of information about strata schemes.

A section 22 notice is a notice that must be given to the strata manager or person responsible for the management of a strata scheme when the sale of a unit in the strata scheme is being finalised.

The difference between NSW and ATC strata is that NSW section 22A requires a person who is selling a strata unit to give the strata managing agent or owner’s corporation at least 10 days’ notice of the sale, whereas in ATC strata there is no such requirement.

The key difference between the two Acts is that the Strata Schemes Management Act 2015 (NSW) requires the disclosure of information about strata schemes, whereas the Strata Schemes Management Act 1996 (ATC) does not.

The NSW Act requires a vendor to give a section 22 notice to the strata managing agent or owner’s corporation at least 10 days before settling the sale of the unit. The notice must contain the following information:

• name, address, and contact details of the vendor;
• name and address of the strata managing agent or owner’s corporation;
• address of the strata scheme;
• a lot number of the unit being sold;
• the price at which the unit is being sold; and

The Strata Schemes Management Act sets out the framework for strata schemes in the Australian Capital Territory. The Act requires the disclosure of information about strata schemes and imposes certain obligations on vendors when selling units in a strata scheme. The Act provides for the establishment of a strata titles registry and introduces a new system of strata titles. The key difference between the Act and other similar legislation is the requirement for the disclosure of information about strata schemes. Capital Strata is a leading provider of strata management services in the ACT and can assist you with any queries you may have about the Act, contact us for a consultation.

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