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NSW isn’t the only place reviewing strata legislation. Granted, the NSW review is essentially completed, and the political will to implement it just isn’t there.
Northern Territory has introduced legislation to allow scheme termination with less than unanimous support and to provide for forced sales.
https://www.nt.gov.au/justice/policycoord/lawmake/documents/Bllt058.pdf
West Australia is also considering a large number of changes to the strata laws, including scheme termination similar to the NT proposal.
https://www.landgate.wa.gov.au/corporate.nsf/web/Strata+Titles+Act+Reform
Queensland is also looking at body corporate legislation as part of the review of property laws announced in August 2013.
Will 2015 be the year of the Strata?
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The ACT had some major changes that finally came in 2012 (the Unit Titles (Management) Act 2011). Some useful fact sheets are here:
https://www.justice.act.gov.au/review/view/17/title/unit-titles
Changes include s.23 which enables sustainability infrastructure to be installed on common property (eg. a solar array or community garden) with a single proposal and ordinary resolution so long as various things are contained in the proposal. To boast for a moment: This came out of my submission to the review of the legislation. Our OC had twice tried to install a solar electric system on the roof of a shared common property carport roof that would cover the costs of all our common property lighting and match our consumption with as much renewable generation. Both times we did not get it passed even though a majority approved each time. A minority successfully blocked it. Our story got the legislation changed.
Another change renders invalid any by-law that prevents the installation of sustainability measures. So, for example, you can’t be told you can’t install double glazing or that you can’t have a clothes line and must use an electric drier or can’t put solar equipment on the roof of your townhouse.
Another change made it more explicit that the sinking fund can be used to anticipate and fund infrastructure upgrades and additions, not just purely maintenance.
What I really think should be implemented if it hasn’t already is clearance of moving boxes from common areas. Especially when new people move into the area. I’m pretty sure that it’s a major fire hazard and also that it’s an inconvenience to new neighbours. At the end of the day I think it’s good that at least strata laws are revised on a regular basis – all in the good interest of the residents anyway right?
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