I have a view I want to express and put out there for feedback. Anjar made the initial comment “I have asked strata to clarify where this comes from, what legislation, etc. They told me to contact ISTM but ISTM are an industry group for Strata Managers and so won’t deal with me as I’m not one & so not a member.”. We have a similary issue at our strata, with a lot owner claiming that without formal ‘adoption’ the Memorandum has no authority.
Basically it appears Memorandum AG520000 titled “Defining_who_is_responsible_for_items_in_a_Strata_Scheme” was published by the Land and Property section of the NSW government in late 2011. It states that it can be used by both new and existing Strata Schemes. The Memorandum Memorandum was developed as an initiative of the Strata Industry Working Group (SIWG) which is hosted by LPI and includes representatives from industry and government who share an interest in the development and management of strata schemes. .
According to here at the LPI web site: https://www.lpi.nsw.gov.au/about_lpi/faqs/strata_scheme/How_can_an_Owners_Corporation_identify_common_property_in_a_strata_scheme a special resolution is needed to adopt the Memorandum.
However, if the Memorandum is not adopted, is it still authoritive? I would say that, in the absence of specific legislation or by-laws to the contrary, it is.