Who’s Been Naughty or Nice in Aussie Strata?
So, who’s getting some strata law Christmas presents …
Each Christmas Santa checks his naughty or nice list to decide on where to deliver presents and who gets them. So, which Australian states are getting strata law Christmas presents this year? And, how much will they enjoy them over the holidays and in 2022 …
[4:30 minutes estimated reading time, 861 words]
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Introduction
Has your state been [strata] naughty or nice this year? Well, there’s bad news, bad news and some good news.
The first set of bad news is that not every Australian state is getting a strata law Christmas present this year.
The second set of bad news is that some Australian states are getting a strata law Christmas present this year.
The good news is that some Australian states are not getting a strata law Christmas present this year.
So, how’s getting what this Christmas and how much will they enjoy it?
Victoria
Victoria got an early present when their new strata laws came into effect on 1 December 2021.
Those new Victorian strata laws are contained in the latest version of the Owners Corporation Act 2006 and cover a range of welcome and unwelcomed changes to the ways Victorian strata buildings will operate.
So, strata stakeholders there get to enjoy knowing they have new strata laws that most people don’t know about, understand, and/or, have implemented yet.
Here’s an overview published by Consumer Affairs Victoria to get you started.
But, I’ll also be writing a few articles about the new Victorian strata laws next year explaining the more unusual changes and commenting on some of the others.
Queensland
Queensland got a late 2020 present when a new strata law management module for their strata buildings came into effect on 1 March 2020.
Those new Queensland strata laws are contained in the Body Corporate and Community Management (Standard Module) Regulation 2020 that replaced the Standard Module regulation from 2008 and cover a range of changes to the way most normal [I mean typical] Queensland strata buildings will operate.
There’s been plenty of coverage of the changes by Queensland strata lawyers, managers, and, other experts; so they’re all over it by now. Plus, here’s a quick overview published by the Queensland government.
So, strata stakeholders there will rest comfortably over the holiday period.
New South Wales
They must have been very nice [or is that very naughty] in New South Wales because they’ve been getting strata law presents all year long.
I’ve written about a few of them in the following articles:
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But, in the last 8 weeks, there have been a few more strata law presents.
Firstly, a draft regulation for the new strata laws creating the Strata Hub contained in Strata Schemes Management Amendment (Information) Regulation 2021 was introduced and it’s planned to start on 1 May 2022. It creates the first government-managed information platform for strata buildings in Australia so is a pretty major change.
Secondly, on 29 November 2021, the Report on the statutory review of the Strata Schemes Development Act 2015 and Strata Schemes Management Act 2015 summarising the outcomes of the 2020-2021 submission process and the government’s analysis was tabled into parliament.
It covers 112 pages and includes 139 recommendations for strata law changes. It doesn’t invite feedback but there’s undoubtedly going to be opportunities to comment on the report and, eventually, the draft laws that are prepared off the back of the report.
So, for New South Wales strata stakeholders, there’s plenty to read, think about, and, comment on in relation to their strata laws over the holidays and probably for most of 2022.
I’ll be writing a series of articles next year commenting and critiquing the proposed and actual changes in the New South Wales strata laws … exciting, isn’t it?
So, buckle up and get ready for some busyness.
Australian Capital Territory
The Australian Capital Territory didn’t get a present this Christmas, but did get a strata law present during 2020.
That was in the form of new strata laws contained in the updated Unit Titles (Management) Act (2011) which evolved the existing strata laws in a relatively progressive way.
As you’d expect of the nation’s capital, there’s been plenty of coverage of the new strata laws since then and most strata stakeholders were comfortable with the changes well before Christmas 2020.
Interestingly, though the ACT Government’s information guide to strata buildings is only current to 2018.
Nevertheless, strata stakeholders there will rest comfortably over the holiday period.
Western Australia, South Australia, Northern Territory & Tasmania
All the strata stakeholders in Western Australia, South Australia, Northern Territory, and Tasmania can enjoy a restful holiday and 2022 since nothing has changed in their strata laws for a few years now.
So, they can enjoy some strata stability, feel confident in what they know and do, and, keep practicing and refining the way they run and manage their strata buildings.
Sounds blissful, doesn’t it?
Conclusions
I’m not really sure what constitutes strata naughtiness or niceness from Santa’s perspective.
But, if being strata nice gets you one of these kinds of strata law Christmas presents, maybe it’s better to be naughty in Australian strata so you don’t spoil your holidays.
Please enjoy the strata festive season wherever you are in Strataland.
December 20, 2021
Francesco ...