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State moves on further strata reforms

The NSW government has introduced more strata legislation into parliament, with the latest reforms flowing from a 2021 statutory review.

Minister for Better Regulation and Fair Trading Anoulack Chanthivong says the changes include protection from unfair contract terms for owners’ corporations.

“Owners’ corporations or associations are run by volunteers who may be vulnerable to unfair contract terms,” he told parliament. “Owners are not legal experts and may not understand the implications of certain contract terms until they are in operation.” 

The bill amends the Fair Trading Act 1987 so that prohibited unfair terms and associated remedies under the Australian Consumer Law apply to contracts. 

Other changes include supporting the uptake of infrastructure such as solar panels and electric vehicle charging, giving property owners more options for paying levies when facing financial stress, and additional duties and obligations on owners’ committee members.

The latest bill follows legislation passed in September to boost regulatory oversight and set out disclosure requirements for insurance fees and commissions.

“These reforms build on the government’s reforms to disclosure requirements that will commence in February 2025 by ensuring that owners have confidence in their strata manager and building manager,” Mr Chanthivong said last week.