NSW: Q&A What information is required to update details on the strata roll?

This article provides guidance on navigating the sensitive process of what documents are need to update a strata roll after a death.

Question: Can a death certificate be used to remove a significant other from the strata roll? Can the strata roll be updated with a title search or transfer document?

Answer: Changes to the strata roll come in the form of a “strata interest notice”.

Changes to the strata roll come in the form of a “strata interest notice”.

Section 22 of the Strata Schemes Management Act 2015 (NSW) details the requirements for giving a strata interest notice.

To summarise:

1. It must be given by a person who has an interest in a lot. For example, if someone has passed away, an executor of the estate could give notice.
2. To be considered a strata interest notice, the notice must contain:
   
   1. the person’s full name and an address for service of notices (a postal or email address),
   2. the lot number concerned, and the exact nature of the person’s interest in it (for example, that they are now the owner),
   3. the date on which the person acquired the interest (i.e. when did the transfer of ownership occur),
   4. if the voting entitlement conferred by the interest is one that, according to this Act, is to be exercised by a nominee, the nominee’s full name and address for service of notices. In other words, if the lot is owned in the name of a company, the company must nominate a person and their address for service of notices, to attend meetings and vote.

Section 22(3)(a) specifically requires that if the interest arose through “the executor or administrator of the state of a deceased person”, then the strata interest notice must be accompanied and verified by a statutory declaration.

Tim Sara
Sara Strata
E: tim@sarastrata.com.au
P: 04 8500 7960

This post appears in the September 2024 edition of The NSW Strata Magazine.

Have a question or something to add to the article? Leave a comment below.

Read next:

• NSW: Q&A Improving Strata Committee Communications
• NAT: Not covered for Flood? Here are some things you need to know

Visit Strata By-Laws and Legislation OR NSW Strata Legislation pages.

Looking for strata information concerning your state? For state-specific strata information, take a look here.

Are you not sure about some of the strata terms used in this article? Take a look at our NSW Strata Glossary to help with your understanding.

After a free PDF of this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.