Question: What exactly must a managing agent report biannually under SSMA 2015 Section 55 or CLMA 2021 Section 59, and is a document portal sufficient?
The new NSW strata legislation mentions changes to strata managers’ reporting. What information is the managing agent required to report biannually under SSMA 2015 Section 55 / CLMA 2021 Section 59?
For our owners corporation, all documents are on a portal for owners to access. Is this sufficient, or is additional information required?
Answer: As of 1 July 2025, strata managing agents in NSW must provide records of delegated functions to the owners corporation every six months instead of every twelve.
On 1 July 2025, some of the amendments to the Strata Schemes Management Act 2015 (NSW) (“SSMA”), introduced by the Strata Schemes Management Amendment Act 2025 (NSW), came into force.
One of the key changes affects section 55(2) of the SSMA: strata managing agents must now give the owners corporation a copy of the records kept under section 55(1) every six (6) months, instead of every twelve (12) months as previously required.
Section 55, found within Part 4, Division 2 of the SSMA (concerning the “functions of the strata managing agent”), outlines that when a strata managing agent has been delegated functions by the owners corporation or appointed to exercise the functions of the strata committee, they must:
- Immediately make a record whenever a delegated function is exercised;
- Provide those records to the owners corporation.
The equivalent section in the Community Land Management Act 2021 (NSW) is section 59.
Sections 52 to 54 of the SSMA, which precede section 55, explain that:
- The owners corporation may delegate any or all of its functions to the strata managing agent (sections 52 and 53);
- The strata committee may appoint a strata managing agent to exercise all functions of each office-bearer or the entire committee (section 54).
The records made under section 55 are considered part of the owners corporation’s records under sections 180(1)(i) and 182(3)(k) of the SSMA. Equivalent CLMA sections are 169(h) and 172(l).
It’s important to note that although requests for records can be made at any time, the manager’s report on use of delegated powers is only generated every six months (formerly every twelve). This means the records available at the time of inspection may not reflect every instance of delegated authority up to that date.
This post appears in Strata News #752.
Matthew Lo Kerin Benson Lawyers E: enquiries@kerinbensonlawyers.com.au P: 02 8706 7060