With the new NSW strata laws, are strata managers required to update current managing agency agreements?
- 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?
- 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?
Any provisions of an agency agreement that are inconsistent with the amendments will be void in the light of the amendments.
- 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.
- 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.
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Christopher worked for many years in leading commercial construction law practices acting for government, developers and contractors in the building, transport infrastructure and resources sectors. He has been involved in all forms of dispute resolution including litigation, arbitration and alternative dispute resolution in a range of jurisdictions in Australia. Christopher also has a number of years’ experience in contract drafting, risk analysis and providing general construction advice having been involved in a whole range of construction projects, from minor works to projects worth billions of dollars. Christopher holds a Masters of Laws, is a Law Society of NSW accredited specialist in commercial litigation and is a member of the National Editorial Panel of the Australian Construction Law Newsletter. He has published in a range of law journals and associated publications. In the last few years, he has brought his specialist construction industry knowledge to the strata sector and now only acts for owners corporations in a range of jurisdictions. Christopher has also developed a specialization in ACT strata law, acting for ACT owners corporations in a range of matters. He has provided training to most ACT strata managers and is the author of the Kerin Benson Lawyers Guide to ACT Strata Law which is intended to become the standard reference for strata law in the ACT.
Christopher is a regular contributor to LookUpStrata.
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