Strata Laws in NSW vs. Queensland – Understand the Differences

Strata laws in New South Wales and Queensland are quite different, so it’s important to understand the key differences before buying or selling a property in either state.

In New South Wales, strata schemes are governed by the Strata Schemes Management Act 2015. This Act sets out the rules and regulations for strata schemes, including things like levies, insurance, repairs and maintenance.

In Queensland, strata schemes are governed by the Body Corporate and Community Management Act 1997. This Act sets out the rules and regulations for strata schemes, including things like levies, insurance, repairs, strata management services, and maintenance.

In this article, we will examine the unique difference between each legislation and what it means for owners or renters in NSW and QLD covered by these differing strata laws.

Strata Laws in New South Wales (NSW)

Strata schemes in New South Wales are governed by the Strata Schemes Management Act 2015, which came into effect on 30 November 2016. The Act replaced the previous Strata Schemes Management Act 1996.

The new Act makes substantial changes to the way strata schemes are managed and operated in NSW, including:

• Imposing a duty on strata committees to act reasonably
• Enhancing owners’ rights to information and participation in strata affairs
• Making it easier for owners to resolve disputes without going to court
• Introducing a new framework for the election of strata committee members
• Giving the NSW Civil and Administrative Tribunal (NCAT) greater power to deal with strata disputes
• Creating a new strata managing agent registration scheme

Under the Act, strata schemes must have a strata committee, which is responsible for the management of the scheme. The strata committee must act reasonably in the performance of its functions and must act in the best interests of the owners corporation as a whole.

The Act also gives owners the right to request information from their strata committee and to participate in strata affairs. Owners are entitled to attend and speak at strata committee meetings, and to vote on matters that come before the strata committee.

If an owner has a dispute with their strata committee or another owner in their scheme, they can take the matter to NCAT for resolution. NCAT can make orders to resolve the dispute, including ordering the strata committee to take certain actions or refrain from taking certain actions.

The Act also establishes a new strata managing agent registration scheme, which will come into effect on 1 July 2018. The scheme will require strata managing agents to be registered with NSW Fair Trading and to comply with a code of conduct.

Strata Laws in Queensland

Strata schemes in Queensland are governed by the Body Corporate and Community Management Act 1997 (the Act), which came into effect on 1 July 1998.

The Act sets out the rights and responsibilities of strata scheme owners, strata committees and strata managing agents. It also establishes a framework for the election of strata committee members and for the resolution of disputes between owners and strata committees.

Under the Act, all strata schemes must have a strata committee, which is responsible for the management of the scheme. The strata committee must act reasonably in the performance of its functions and must act in the best interests of the owners corporation as a whole.

The Act also gives owners the right to request information from their strata committee and to participate in strata affairs. Owners are entitled to attend and speak at strata committee meetings, and to vote on matters that come before the strata committee.

If an owner has a dispute with their strata committee or another owner in their scheme, they can take the matter to the Queensland Civil and Administrative Tribunal (QCAT) for resolution. QCAT can make orders to resolve the dispute, including ordering the strata committee to take certain actions or refrain from taking certain actions.

Final Thoughts

The major difference between strata laws in New South Wales and Queensland is that the former provides more protection to unit owners when it comes to disputes, while the latter gives more power to the strata committee.

In New South Wales, the Strata Schemes Management Act 2015 requires that all strata schemes have a disputes resolution process in place. This means that if a unit owner has a problem with another owner or the strata committee, they can take their complaint to an independent mediator or arbitrator who will make a ruling on the matter.

In Queensland, there is no such requirement. However, many strata schemes do have dispute resolution processes in place, and most of them are similar to those used in New South Wales.