This article details NSW strata law changes regarding accessibility infrastructure.
This is part two of a series of six bite sized blogs on the changes to our NSW strata and community title legislation this year and deals with the changes relating to Accessibility Infrastructure.
Part 1: commissions and disclosures
These changes will be brought about by the Strata Schemes Legislation Amendment Act 2025 when it takes effect. Some minor changes have taken effect but the changes discussed below have not yet done so. It is expected that the changes will come into effect from mid 2025.
A new definition of ‘accessibility infrastructure’ and ‘accessibility infrastructure resolution’ has been inserted into the Act: section 4(1) SSMA. Effectively they are:
“accessibility infrastructure”: changes to any part of the common property to facilitate a person with a disability having access to the common property or the lot in which they reside
Critically, accessibility infrastructure relates to a change to any part of the common property to facilitate a person with a disability having access to the common property or the lot in which they reside. For instance, if a person lived on the ground floor and had mobility issues they may not need changes to access their lot however, to access the rooftop gardens they may require changes. Similarly, accessibility could well require changes to common property gardens (to allow access) and recreational facilities for those with mobility issues.
and
“accessibility infrastructure resolutions” : a motion to finance accessibility infrastructure, to add or alter the common property for accessibility infrastructure or to change the by-laws for the scheme in respect of accessibility infrastructure are
Motions to finance accessibility infrastructure, to add or alter the common property or to change the by-laws for the scheme in respect of accessibility infrastructure are “accessibility infrastructure resolutions”. These changes mirror those enacted for sustainability infrastructure resolutions including a change to the definition of special resolution meaning a simple majority would be required for this type of resolution. This makes it much, much easier for those with a disability to have changes passed to alter, add to or erect a structure on the common property to alleviate any access issues caused by their disability.
Although references are made throughout to changes to the SSMA, these changes also affect the Community Land Management Act 2021 (NSW) (“CLMA”).
Allison Benson
Kerin Benson Lawyers
E: allison@kerinbensonlawyers.com.au
P: 02 4032 7990
This is general information and should not be considered to be legal advice. You should obtain legal advice specific to your individual situation.
This post appears in Strata News #738.
This article has been republished with permission from the author and first appeared on the Thoughts from a Strata Lawyer… website.
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Read next:
- NSW: Strata & Community Title Update 2025 – Part 1 – commissions and disclosures
- NSW: New strata laws ensure fairer rules for fees and charges
- NSW: Q&A Older Building Safety and Maintenance Requirements
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