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[Smyth]

Hi Guys,

I recently married my long term defacto.  We own our current unit in both names – her maiden name.  Does anyone know how to update this on the strata roll?  We are looking to sell and I want to ensure there are no hickups.  Does this require an updated section 118, or is there an easier method?

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[Sir Humphrey]

I expect it would be a matter of providing documentary evidence of the name change to the managing agent and asking for the change to be made.

 

However, I wonder why anyone bothers with this woman-has-to-change-her-name thing these days. I have been happily married for 27 years but my wife still has the name she had when I met her. I expect your wife has all sorts of things with her name on them: documents, licences, qualifications, job references, certificates, authorship of publications, titles to property, bank, superannuation and other investment accounts, and so on that would be a pain to change. Why not leave all that as it is?

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[Whale]

Smyth – in order to avoid those hiccups, whatever is shown on the Strata Roll needs to exactly match what’s shown on the Certificate of Title for your Lot.

So if you and your new Wife want to change her family name on the existing Title for your jointly-owned Lot then first read THIS, then contact NSW Land & Property Information to see if there’s an easier process given the proposed sale of your Lot.

Then do whatever both of you want to do; congratulations by the way!!

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[Smyth]

Thanks Whale.  We have been going through the process of completing and sending that form anyway, so I will get that sent off.

 

I can see from that link that LPI will reissue a new certificate of title, however I assume this will go to the bank.  Do you know what triggers a notice to the strata to update the roll?

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[Whale]

Smyth – I believe that the new Certificate of Title will be sent back to whoever it is that submits the Application for a change to the names shown on it, so it may be up to you to provide that document to whoever it is that now holds that as security.

So whether directly from L&PI or via yourself, the Certificate of Title as amended needs to be held by your lender, and in addition you need to attach a copy of that or an extract purchased from the L&PI’s on-line shop to a Notification provided to the Secretary of your Executive Committee (or to your Strata Manager if they hold that position under delegation) under Sect.118 of the NSW Strata Schemes Management Act so that your Plan’s Strata Roll may be similarly amended.

So it’s you that provides the S118 in this instance, and there are a number of proformas available by download from the internet.

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[Author]

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