This is the final article part of a series by Allison Benson from Kerin Benson Lawyers detailing the upcoming NSW strata law changes in 2025.
This post discusses the changes to the duty to maintain and repair common property and association property and the approval of minor renovations in strata schemes.
Catch up on the previous editions here:
- Part 1: commissions and disclosures
- Part 2: Accessibility Infrastructure
- Part 3: Strata & Association Committees
- Part 4: Building & Facilities Manager’s Duties
- Part 5: Finances & Levy Recovery Process
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.
Limitation on deferring repairs
In a major change to a scheme’s ability to defer its repair and maintenance of common or association property obligations while taking action against a third party (for example building defect actions), schemes will not be able to defer their obligation if it affects a person’s access to or use of the common property of a lot in the scheme. This will significantly limit a scheme’s ability to defer repairs.
Time limit for damages
This relates to the owners corporation’s (and associations) duty to maintain and repair its common property (or association property). The time from which a lot owner must take action against the scheme for their damages after they first become aware of their loss is to be extended from the current two years to six years. This is a significant change.
As it is not known when the changes will take effect lot owners suffering damages should, if they have suffered loss from a failure of their scheme to maintain and repair its common property, take action under the existing two year limitation period.
Additions & Alterations
Special resolutions authorising changes to the common property will need to specify whether the ongoing maintenance obligation is assigned to the scheme or the relevant lot owner: s108(3) SSMA.
Minor renovations
Strata committees that refuse applications for minor renovations under s110 of the SSMA must provide written reasons within three months of the application s110(6B). Failure to do so results in the deemed acceptance of the works application: s110(6B).
Schemes must keep written records of minor renovations for ten years: s110(6C).
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 #742.
This article has been republished with permission from the author and first appeared on the Thoughts from a Strata Lawyer… website.
Have a question or something to add to the article? Leave a comment below.
Read next:
- NSW: Q&A How do we Deal with Strata Manager Complaints and Bullying?
- NSW: Cost Recovery By-Laws And Strata Schemes: Are They Valid?
- NSW: Strata & Community Title Update 2025 – Part 1 – commissions and disclosures
- NSW: Strata & Community Title Update 2025 – Part 2 – Accessibility Infrastructure
- NSW: Strata & Community Title Update 2025 – Part 3 – Strata & Association Committees
- NSW: Strata & Community Title Update 2025 – Part 4 – Building & Facilities Manager’s Duties
- NSW: Strata & Community Title Update 2025 – Part 5 – Finances & Levy Recovery Process
Visit our Your Strata Levies 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.
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