COVID-19 update: Relief for Owners Corporations and Community Associations in NSW

Last week, the NSW Government announced its latest COVID-19 reforms – this time focusing on addressing issues that had arisen for strata schemes and community schemes during the pandemic.

Strata Schemes Management Amendment (COVID-19) Regulation 2020

On 5 June 2020, the NSW Government published the Strata Schemes Management Amendment (COVID-19) Regulation 2020 (Strata COVID-19 Regulation).

The Strata COVID-19 Regulation amends the current regulations to allow:

• an Owners Corporation or a Strata Committee to vote by email, teleconference, video conference or by other electronic means – notwithstanding the fact that the relevant Owners Corporation may not have passed the relevant motions to adopt this form of voting
• instruments and dealings to be signed by an Owners Corporation without having to affix the common seal
• the First Annual General Meeting to be held up to six months after the end of the initial period (previously this had to be held within two months).

Community Land Management Amendment (COVID-19) Regulation 2020

On 5 June 2020, the Government also published the Community Land Management Amendment (COVID-19) Regulation 2020 (Community COVID-19 Regulation).

The Community COVID-19 Regulation amends the regulations to allow:

• instruments and dealings to be signed by a Community Association, Precinct Association or Neighbourhood Association without having to affix the common seal
• the First Annual General Meeting to be held up to six months after the end of the initial period (previously this had to be held within two months).

The Community COVID-19 Regulations also inserted into the community title regulations provisions to deal with electronic meetings including:

• allowing voting to occur by email, teleconference, video conference or by other electronic means
• allowing pre-meeting electronic voting.

From 5 June 2020, Community Association, Precinct Association and Neighbourhood Association can utilise the new electronic and pre-meeting electronic voting provisions regardless of whether they have passed the relevant motions to adopt this form of voting.

Author: Elly Ashley

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.

Published by:

Elly Ashley

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