NSW: Do NSW strata law changes require updating managing agency agreements?

Question: With the new NSW strata laws, are strata managers required to update current managing agency agreements?

1. With the new NSW strata laws, are strata managers required to update current managing agency agreements by 3 February 2025, or will the disclosure laws only apply to new agreements?


2. If the new laws apply retrospectively, will strata managers be required to include an annexure that can be attached to any current managing agency agreement?

Answer: Any provisions of an agency agreement that are inconsistent with the amendments will be void in the light of the amendments.

1. The disclosure laws apply to all strata managers from the date of commencement of the amendments, no matter when the agency agreement was entered. From memory, I do not believe that the agency agreements need updating (although there might be some agency agreements which might – strata managers will need to check the provisions of each agreement). Having said that, any provisions of an agency agreement that are inconsistent with the amendments will be void in the light of the amendments.


2. See above. The notice provisions are separate to the agency agreement and place additional obligations on strata managers to those already in any agency agreement.

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

Christopher Kerin Kerin Benson Lawyers E: enquiries@kerinbensonlawyers.com.au P: 02 8706 7060