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What’s the difference between the NSW strata schemes management Act 2015, and the NSW strata schemes management regulation 2016? As I’m confused about there different roles and functions… As both seem to cover some similar topics.
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Yes, it is confusing. They both became law at the same time but the 2015 Act is dated that way because that’s when the Act was tabled. The 2016 Regulations (a much shorter and less legalistic document) was introduced to put some flesh on, and fine tune, the Management Act bones.
For instance, Section 110 of the Act defines the parameters of “minor renovations” while Section 28 of the Regulations expands the list of works permitted without the need for special resolution by-laws.
The two Acts should be seen as complementary rather than contradictory.
I believe it is easier for our political leaders and civil servants to alter and adapt the regulations than it is to change the Management Act, so that’s where all the fine-tuning occurs.
However, if you think there are elements that are contradictory, let us know and we’ll have a look.
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