New advice line 1300 366 424 for unit owners January 2014

advice line

LAUNCH OF STRATA AND COMMUNITY ADVICE HELPLINE SERVICE - 1300 366 424

Following the changes in South Australia to Strata Title and Community Title law the Legal Services Commission is currently responsible for providing the public with advice and information regarding these amendments. A new advertising campaign across South Australia was recently launched promoting the Strata and Community Advice Service provided by the Commission.

Information packs have been posted across South Australia to over 18,000 strata and community organisations informing them of the changes to Strata & Community Title as well as the information resources available.

The relevant updates regarding Strata and Community Titles can now be found online in the Law Handbook Online: http://www.lawhandbook.sa.gov.au/ch23s08.php .

STRATA AND COMMUNITY ADVICE LINE

The public who have a specific query regarding recent changes to Strata & Community Title can now do so by simply calling 1300 366 424 Monday to Friday.

FURTHER INFORMATION

For resources and fact sheets provided by the Office of the Attorney General of South Australia detailing the changes to Strata Title and Community Title law in South Australia - click HERE.
See more at: http://www.lsc.sa.gov.au/cb_pages/news/Strata_Title_Amends_2013.php

 

Strata & Community Title Reforms - in force from Oct 28 2013

Attorney Generals Release & Summary of Reforms July 2013

Reforms to the Strata & Community Titles Actswill come into force from October 28th 2013.

We have attached a copy of the Attorney General's letter to all strata managers, along with the new regulations and amendments to the Strata & Community Titles Acts..

 

Attorney General's letter to strata managers July 2013

reforms july 2013

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Gazetted Regulations

reforms july 2013

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Amendments to Acts of Parliament

reforms july 2013

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Proposed changes

Legislation passed by S.A. Parliament April 2012

Links at the bottom of the page are to the Attorney General's summary to Parliament and the Bill now passed by the House.

Summary of the Bill: (now amended & passed by Parliament)

Strata & Community Title reforms passed by Parliament (view the legislation in full)

Reforms to the Strata & Community Titles Acts have passed through Parliament. The legislation is at the time of going to press yet to be proclaimed and as such is not yet in force. We understand that this will occur when the regulations are complete.
We have canvassed the need for reforms and legislation over the past 20 years. We have reviewed the legislation for what the Attorney General put to the Parliament and what the Parliament passed. We understand that some managers heavily lobbied the upper house to protect their management rights.

A tick indicates the Attorney General won his case, a cross indicates what we consider to be a weakening of efforts to improve consumer protection....

an advisory service provided by the Legal Services Commission
enabling strata corporation's to impose fines for breaches of their Articles - up to $500 for residential groups and $2000 for commercial groups
A penalty notice system for by-law and article breaches.
requiring deposits for off-the-plan purchases to be held in trust
requiring quarterly financial reporting - $500 fine for breach. Only applies to self managed groups
that each member of the corporation has the right at any time in business hours to inspect the records of the corporation in the possession or control of the manager, and how inspection can be arranged. The manager has10 days to comply - was 3 days.
limiting body corporate management contracts to a maximum of two years enabling a corporation to terminate a contract with a strata manager at any time. However managers no longer can force 3 month termination penalties, now 1 month.
requiring managers to maintain professional indemnity insurance throughout the life of the contract
enabling strata corporation's to impose fines for breaches of their Articles - up to $500 for residential groups and $2000 for commercial groups
forcing body corporates and their managers to provide a list of owners and contact details upon request by an owner
relaxed requirements to pass special and unanimous resolutions for strata corporations
Compulsory fidelity guarantee insurance for corporations to cover theft or fraud of corporation funds. Penalty $15,000
Participation in meetings remotely provided corporation not required to provide facilities.
Court power to convene strata corporation meetings.
Rights to revoke a proxy at any time as well as limiting proxies to no more than 12 months, and requiring disclosure of proxy documents.
Improved disclosure of conflicts of interest. Fines apply.
Search documents must be supplied within 5 days of application. Some managers have required incentives to supply promptly.
Streamline timing of meetings of secondary and tertiary community corporations.
Extend the right to apply for help to the Magistrates Court where a by-law is made that reduces the value of a unit or unfairly discriminates against the owner to strata unit owners and persons who have contracted to purchase a community lot or strata unit.
Provision to agree (by by-law) to insure some or all of the buildings in a community scheme through the agency of the corporation.
Requirement to keep and make available a register of owners’ contact details.
Enhanced requirements to provide information and access to records, including for lot or unit purchasers.
Requirements to prepare sinking fund budgets (or plans).
Audit exemption for small community corporations and other minor audit changes. Managers must send audit report to Secretary not just file it.
Enhanced Court powers to resolve disputes.
Making it clear that the developer and an associate of the developer are not ‘different persons’ for the purposes of a first general meeting.
Making it easier to enforce development contracts.
Applications to cancel or amend plans to be heard in the Environment, Resources & Development Court.

We have been advised that national licensing for managers will now be later in 2013, not this year as promised. .

Attorney General's Report to Parliament

draft bill
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Bill Passed by Parliament 2012

draft bill

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