COVID-19 and strata reforms

As the Covid-19 pandemic continues, it is important to understand the impact it has on strata legislation to ensure you stay abreast of the latest developments.

The Strata Schemes Management Amendment (Covid-19) Regulation (No 2) 2021 and the Community Land Management Amendment (Covid-19) Regulation (No 2) 2021 came into effect on 21 July 2021 in response to the Public Health Orders. A number of changes have been implemented to facilitate the efficient ongoing management and operation of strata schemes whilst much of the State continues to be in lockdown.

Meetings and voting

Owners corporations and community associations can currently meet and vote electronically, even where they have not previously adopted a resolution to meet and vote electronically.

Strata and community schemes are able to serve notice of meetings and any other documents in relation to the meeting to an email address that a person has specified for the service of notices.

Execution of documents

Owners corporations and community associations are permitted to sign documents without affixing the common seal. Instead, representatives of schemes can execute documents to give formal approval instead of affixing the common seal.

If the person signing is the managing agent for the owners corporation or association, they will need to provide their name and licence number.

If the managing agent is a corporation, the law enables an officer of that corporation to sign on behalf of the owners corporation or association.

Officers who are permitted to sign include:

• the president,

• chairperson or other principal officer of the corporation, or

• any member of staff authorised by the president, chairperson or other principal officer.

Authorised representatives who sign documents instead of affixing the common seal need to do so in each other’s presence. This witnessing of signatures can be done by audio-visual link.

What does the future hold?

It is intended that these are temporary measures and will be repealed on 20 January 2022 (if not repealed earlier).

If you are a strata property owner, a strata manager or a developer setting up a strata scheme and would like assistance with any legislative changes in this area law, please contact Andrew Grima or Melissa Potter.

Authors: Irene Horan & Craig Munter