This article provides information about where you can access your Strata Plan.
Table of Contents:
- QUESTION: What is the process involved to determine the percentages allocated to shared facilities in a Strata Management Statement (NSW). Is there an Act or document that outlines how the percentages are obtained and inserted into the SMS?
- QUESTION: How do I get a copy of my Strata Plan and how can I find out when my strata plan was registered?
Question: What is the process involved to determine the percentages allocated to shared facilities in a Strata Management Statement (NSW). Is there an Act or document that outlines how the percentages are obtained and inserted into the SMS?
Answer: It is very important that a specialist a Strata Consultant/advisor who has had extensive experience is involved with the initial setup and ongoing running.
A Strata Management Statement (SMS) is an individually drafted document used to regulate the relationship between the different components making up a Building Management Committee (BMC). These components can be lots in a deposited plan, separate strata plans, commercial and retail developments etc.
The SMS must set out the structure and function of the BMC and the activities needed to manage and maintain the complex. The management and up-keep of shared facilities is a major part of any SMS.
Shared facilities are areas, services and equipment within the building and its site that are shared by two or more of the component use areas These facilities are usually set out in a detailed strata management schedule or as part of the SMS.
The only shared service/facility defined in the legislation is for insurance premiums, under the Strata Schemes Management Act 2015, Section 162 (2), otherwise no guidance is given. So it is very important that a specialist a Strata Consultant/advisor who has had extensive experience is involved with the initial setup and ongoing running.
It is in my experience it is likely that the initial setup will need to be adjusted as the complexities of the property is understood and the Strata Schemes Development Act 2015 (NSW) recognises this need and under Schedule 4 – Strata Management Statements, clause 2(1)(f), copied below, it specifies that a review of the allocation of costs remain fair and if any there are changes to facilities or services this needs to be reviewed and that at a minimum a review must take place every 5 years.
- a review process to ensure that the allocation of those costs remains fair with any such review taking place as soon as practicable after any change in the shared facilities or services (including any change in the use of those shared facilities or services), with at least one such review occurring every 5 years even if no such change has occurred, and
Robert Fothergill
Strata Life
E: [email protected]
P: 02 9456 9917
This post appears in the August 2021 edition of The NSW Strata Magazine.
Question: How do I get a copy of my Strata Plan and how can I find out when my strata plan was registered?
Answer: An owner can request a copy of their strata plan from their Strata Manager or from a provider like InfoTrackgo.
An owner can request a copy of their strata plan from their Strata Manager. If this is not possible or you are a self managed scheme, for a fee you can use a provider like InfoTrackgo. The year of registration should be on the Strata Plan. It is usually in the top right-hand corner of the document.
For more information on Strata Plans, read below.
Paula Byrne
Founder
Strata Gophers
P: 1300 405 605
E: [email protected]
This post appears in Strata News #270.
Read next
For more information on strata plans or NSW strata title, visit our Strata Plan / Strata Inspection Report or NSW Strata Legislation
Looking for strata information concerning your state? For state-specific strata information, take a look here.
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My bloc of units in Sydney, was registrar on 12 August 1965, with name “Strata Plan No XXXX”, and contain 17 units.
On 6 March 1968, was registrar a subdivision of one unit into two units, with name “Strata Plan No YYYY”.
My question is: after 6 March 1968, the name of my building, who have now 18 units, must be “Strata Plan No XXXX & YYYY”, or “Strata Plan No XXXX” only?
The Schedule of unit entitlement, from Title Search, who are basic for calculation of levies contributions, are unreasonable, don’t was make by a valuer’s certificate. Conform Strata Schemes Development Act 2015 No 51 Part 5 Division 6 Section 90, point 1: “the owners corporation may lodge a revised schedule of unit entitlement”. But when they refused, this is a crimes, under the law!?
Hi ilie
The following response has been provided by Leane Habib, Premium Strata:
You may purchase a copy of your strata plan from NSW Land Registry Services for a fee.
The original strata plan no. says the same even though there was a subsequent subdivision and the creation of an “additional lot”.
It is not compulsory to revise the schedule as the Owners Corporation may have considered that the subdivision created no additional common property nor increased use of the common property nor imposed any extra cost on the Owners Corporation in terms of repair and maintenance responsibilities.
You may want to update the fact that unit of entitlements, effective after 1 November 2016 from memory, must now be assessed by a qualified valuer.
Please also note that valuers in NSW are no longer “registered valuers” following withdrawal of the Valuers Registration Act, but they must be qualified which requires membership of the A.P.I. (Aust Property Institute).
Hi Bruce
Thanks for your comments. We have received the following in reply from Leanne Habib:
Correct, however, a registered valuer was defined as a qualified valuer under Section 183(5) of the 1996 legislation.
The current definition of a qualified valuer is a person who:
* has membership of the Australian Valuers Institute (other than associate or student membership), or
* has membership of the Australian Property Institute (other than student or provisional membership), acquired in connection with his or her occupation as a valuer, or
* has membership of the Royal Institution of Chartered Surveyors as a chartered valuer, or
is of a class prescribed by the regulations.