Changes to ACT Strata Law

A number of changes to ACT strata law commenced on 1 November, with others changes providing a transition period before commencement.

Decision making will change with amending rules, changing levy contributions methods and granting special use of common property all now possible by special resolutions. There are also limits on the number of proxy votes that can be held.

Owners corporations and executive committees can now meet and vote electronically on ordinary or special resolutions. Owners corporations’ executive committees can also form subcommittees to manage specific issues within unit plans.

Owners corporations need to prepare a maintenance schedule to identify any regular maintenance or servicing required for common property and buildings, such as painting, cleaning, window washing etc.

All existing special privileges will lapse on 1 July 2021. Owners corporations now need to create a rule for the granting of a special privilege to use common property for a period of 3 months or more.

Owners corporations can impose reasonable conditions on the special privilege. As it is a rule, the special privilege needs to be registered so other unit owners or buyers can find out what special privileges exist within a units plan and so the owners corporation can enforce them and any conditions that may apply.

Owners corporations can now determine levy contributions via the new special resolution process, rather than an unopposed resolution. This can allow for more accurate allocation of costs.

More details of the changes can be found on the ACT Planning directorate website here.

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