Strata Documents Needed Before First AGM

There are a range of documents which must be provided at least 48 hours before the first annual general meeting held on or after the new strata reforms begin on 30 November 2016.

The documents which must be provided by the original owner (as prescribed under S16 of the Strata Schemes Management Act 2015 and clauses 6 and 29 of the Strata Schemes Management Regulation) are:

  • all plans, specifications, occupation certificates or other certificates (except title for lots), diagrams, depreciation schedules and other documents (including policies of insurance) relating to the parcel or any building on the parcel;
  • without limiting paragraph (a), all planning approvals, complying development certificates and related endorsed plans, approvals, “as built” drawings, compliance certificates (within the meaning of the Environmental Planning and Assessment Act 1979), fire safety certificates and warranties relating to the parcel or any building, plant or equipment on the parcel;
  • the certificate of title for the common property, the strata roll and any notices or other records relating to the strata scheme.

The initial maintenance schedule must also be provided, and must include maintenance and inspection schedules for: 

  • exterior walls, guttering, downpipes and roof;
  • pools and surrounds, including fencing and gates;
  • air conditioning, heating and ventilation systems;
  • fire protection equipment, including sprinkler systems, alarms and smoke detectors;
  • security access systems;
  • embedded networks and micro-grids.

These items also must be attached to the maintenance schedule:

  • all warranties for systems, equipment or any other things referred to in the schedule;
  • any manuals or maintenance requirements provided by manufacturers;
  • the name and contact details of the manufacturer and installer;
  • any interim report or final report of a building inspector prepared under Part 11 and relating to any building on the parcel;
  • any other document or item relating to the parcel or any building, plant or equipment on the parcel that is prescribed by the regulations for the purposes of this section;
  • if a building is required to be insured under Division 1 of Part 9 of the Act, any valuation of the building;
  • maintenance and service manuals;
  • all service agreements relating to the supply of gas, electricity or other utilities to the parcel;
  • copies of building contracts for the parcel, including any variations to those contracts;
  • the most recent BASIX certificate (issued under the Environmental Planning and Assessment Act 1979) for each building on the parcel. 

If the above documents are not provided, the original owner faces a potential penalty of up to $11,000 and/or orders to produce those records. 
 

Obligation of an orignal owner to create a document

Is there an obligation to ‘create’ a document if it is not in existence? 

S16 (2) of the SSMA 2015 requires an original owner to deliver a thing ‘if that thing is in the possession or control of the original owner or lessor, or may be obtained by the lessor by taking reasonable steps to do so’. 

S16 (3) of the SSMA 2015 provides that an original owner is not required to deliver any documents that ‘exclusively evidence rights or obligations of the original owner or lessor and that are not capable of being used for the benefit of the owners corporation or any of the other owners’.

If the document can be created ‘by taking reasonable steps’, the original owner should do so. In the case of a depreciation schedule, a cautionary approach would be to create the schedule with regards to both lot and common property. 
 

What is the impact of the Initial Maintenance Schedule on a Owners Corporation?

Some further interesting points which arise about the Initial Maintenance Schedule, are: 
 

  • s115 (3) of the SSMA 2015 states an ‘owners corporation is not required to comply with the initial maintenance schedule for the maintenance of common property vested in it’;
  • However, s115 (4) of the SSMA 2015 provides that the ‘initial maintenance schedule may be considered in any proceedings for the purpose of determining whether or not a defect in or damage to a building could have been avoided by the taking of specified action’.

 

***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.

 

Author: David Bannerman and Helen Kowal
Date: 22/11/2016
 

   

 

   

Publication: Real Estate Institute NSW
Section: Online News

 

For more information on this topic or any legal enquiries please contact your Strata Team.

 

 

Quick Contact US