New regulations for NSW now in effect

New regulations for NSW now in effect

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From May 13, the Strata Schemes Management Amendment (Covid-19) Regulation 2021 and the Community Land Management Amendment (Covid-19) Regulation 2021 will come into effect.

Strata Community Australia, SCA (NSW), advises the major change under the new regulations is to roll back the popular and effective changes to committee and general meetings, which saw electronic meetings and voting enabled as a response to COVID-19 and social distancing. The provision for signatures and witnesses is retained.

The extension to 6 months for holding the first AGM or reinstating money transferred from one fund to the other will be rolled back to their original 2 months and 3 months positions respectively.

The procedure to establish the ability to conduct electronic meetings will in effect revert back to the default position of being in-person, unless a motion has been passed to allow attendance at meetings by alternate means. However, if a notice of a meeting was issued prior to 12 May 2021, then the new amendments do not apply to that meeting.

SCA (NSW) made consistent representations to the NSW Government not to revert back the changes, arguing that the measures were popular with managers and committee members alike, promoted efficiency and participation, and would just need to be reinstated in the event of another superspreading event, among other reasons.

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The information provided is a general guide only and is not intended as a substitute for legal advice. The company disclaims all responsibility and liability for any expenses, losses, damages, and costs which might be incurred as a result of the information provided by the company.

Information provided by SCA (NSW).

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