Wednesday, June 18, 2014

The NSW Strata Law Reform Mirage

It seems that the anxiously awaited and much reported NSW strata law reforms are being delayed (again) because the new amendment bill has ‘overlaps and inconsistencies’ that need be addressed first and the government wants to wait until after the next election in March 2015.   
So, our new strata laws are now not planned to start until January 2016.  And, at least to me, they're looking more like a strata title mirage than reality.

The history of the latest NSW strata law reform programme goes something like this - 


April 2011 - Anthony Roberts appointed Minister for Fair Trading 
July 2011 - Government announces that will undertake major reform of NSW strata title laws
December 2011 - Global Access Partners conducts online forum and consultation programme for 3 months
September 2012 - OFT Dicussion Paper released for submissions over 3 months
Early 2013 - Roundtable meeting with industry stakeholder groups
November 2013 - OFT Position Paper released with reform proposals
December 2013 - Stuart Ayres appointed Minister for Fair Trading 
January 2014 - Draft bill circulated to industry stakeholders for comments
March 2014 - Industry stakeholders advised strata reform bill would be introduced to parliament in June-July 2014
April 2014 - Matthew Mason-Cox appointed Minister for Fair Trading
June 2014 - Industry stakeholders advised strata reform bill needs revision and would not be introduced to parliament until May-June 2015

That's a lot of of time for changes that are universally agreed as necessary.  

It seems to be a bit like trying to get something major approved and done in a strata corporation - where there's always another good reason to delay things, suggestions to make more enquiries, proposals to change, widen or narrow the issues covered and a tendency to have a bit more consultation.  Fortunately, there's no special levy associated with the law reforms that needs approval or it might never happen. 


You can find out more about strata law reforms direct from OFT here

Assuming this latest reform timetable is met, then it will have taken almost half a decade to get these changes finalised.  By that time the strata and community title sector probably need a few more reforms.

The good news is that we’re now going to also have NSW community title law reforms and they will only take another 18 months.
  After all it's only 25 years since the community title laws were introduced.

So, I'm not going to rush to prepare for the new strata or community title laws quite yet. 






Francesco 
  

No comments:

Post a Comment