Strata schemes

What can I do if I have financial hardship and can't pay my strata levies on time?

If you are experiencing financial hardship, you should inform your strata manager and apply for a payment plan. A payment plan can be made for up to 12 months. 

You can get help from a free financial counsellor from the National Debt Helpline.  For more information, see Strata Levies on the National Debt Helpline website. 

What happens if I do not pay my strat​​a levies?

As an owner, you are legally responsible for paying your strata levies, sometimes called owners contributions. If you do not pay your levies, the owners corporation can:

• charge 10% simple interest on the unpaid amount if more than one month has passed from the due date, and
  
• start a case in court against you to recover the amount you owe.
  

If the owners corporation has started court action against you to recover strata levies, you may be ordered to pay their legal costs if a judgment is made against you. These costs are not capped, even for small claims (matters under $20,000). This means that you will have to pay all of the legal costs of the owners corporation.​

If the owners corporation are taking action against you to recover strata levies, you must be given at least 21 days notice of the action. The notice must set out:

• the amount to be recovered, and
• the recovery action proposed (Local Court or NSW Civil and Administrative Tribunal (NCAT)).​

For more information on how to respond if the owners corporation is chasing you for money and the amount of the claim is less than $20,000, see Responding to a claim on the My problem is about section of our website.

For further information about dealing with a debt, see Responding to a claim on the My problem is about section of our website.

What is the difference between an administrative fund and a capital works fund?

The administrative fund is used for everyday expenses of the strata scheme. It includes things like maintaining the common property and cleaning.

The capital works fund is used for capital expenses. For example, painting, restoring the roof and replacing fixtures on the common property.

Strata schemes must have a 10 year plan of expected major work that will be paid out of the capital works fund.

The owners corporation can transfer money between funds. To do this, they must hold a general meeting within three months and make a decision by resolution. This means at least 50% of the owners corporation must agree to the transfer.

What is a special levy and do I have to pay it?

A special levy is an amount of money sought from the owners in a strata scheme to cover unforeseen expenses or repairs associated with the scheme. A special levy must pass an ordinary resolution to be set by the owners corporation. This means that more than 50% of the owners corporation at the meeting must agree to the resolution.

For emergency repairs to the common property, the owners corporation must give at least 14 days written notice to pay. Otherwise, the date in the notice must be at least 30 days after the notice is given.

All owners have to pay the special levy. If you do not pay, the owners corporation can take legal action to recover the money from you, just like they can for your general strata levies.

What are by-laws?

By-laws are a set of rules that you must follow if you live in a strata scheme. The rules cover things like:

• safety and security measures
  
• details of any common property you are not allowed to use or allowed to use in a restricted way
  
• keeping pets
  
• parking
  
• floor coverings 
  
• garbage disposal
  
• behaviour of occupants and visitors
  
• architectural and landscaping guidelines
  
• any other matters about your specific strata scheme. 
  

Your strata scheme may have its own set of rules or it may have the model rules.

Wha​t are the model by-laws?

The model by-laws are a sample set of by-laws set out in the Strata Schemes Management Regulation 2016 (NSW). They can be adopted by strata schemes, but are not compulsory, so they may not apply to your scheme. 

For more information, see Strata by-laws on the NSW Government website.

How can I get copies of the by-laws that apply to my unit?

You can ask the owners corporation or managing agent for a copy of the by-laws. They must keep copies of the by-laws with the records of the strata scheme. By-laws are also usually displayed on the noticeboard in your building, if you have one.

If you are a tenant, your landlord or managing agent must give you a copy of the by-laws and strata management statement within 14 days of entering the residential tenancy agreement. They must also give you a copy of any changes to the by-law within 14 days of the change starting.

For more information, see Strata by-laws on the NSW Government website.

If you are unable to get a copy from the owners corporation or managing agent, you can obtain copies from the NSW Land Registry Services, but you will have to pay a fee. 

For more information, see Where can I find the by laws? on the NSW Land Registry Services website.

Can a by-law be added?

It is possible to add, remove or change a by-law. The suggested by-law will need to be written as a motion with an explanatory note explaining what you are proposing and sent to the secretary of the owners corporation. The secretary can then add it to the agenda of the next general meeting.

In most cases, the owners corporation will need to pass a special resolution at the meeting. This means that no more than 25% of votes can be against the proposed by-law. 

If approved, the by-law must be registered with NSW Land Registry Services within six months.

For more information, see Strata by-laws on the NSW Government website.

What can the owner​s corporation do if I do not follow a by-law?

If the owners corporation or strata manager believe that you are not complying with a by-law they will usually give you a warning. If the behaviour continues, they can serve (give) you with a Notice to Comply with a By-Law. 

The Notice will set out:

• what by-law has been breached
  
• what you must do to comply with the by-law, or to prevent the by-law from being breached.
  

If you continue to breach the by-law after the notice is issued, the owners corporation may then contact NSW Fair Trading for mediation.

If the issue is not resolved at mediation, an application can be made to the NSW Civil and Administrative Tribunal (NCAT) for a financial penalty to be imposed on you. The maximum amount of the penalty that NCAT may impose is $1,100. The owners corporation have 12 months to make this application from the issuing of the notice.

If a second breach of the same by-law occurs within 12 months after NCAT has imposed a penalty, the owners corporation will be able to automatically apply for a penalty without issuing a notice to comply. NCAT will have the power to issue a fine of up to $2,200 for each offence. 

Contravening an NCAT order may also lead to the owners corporation applying to NCAT for a penalty of up to $5,500.

Penalties will be payable to the owners corporation, unless NCAT otherwise orders.​

If you have received a notice to comply with a by-law, you should get legal advice.

What can I do if another ow​ner or occupier is breaching a by-law?

If you believe an owner or occupier in your strata scheme is breaching a by-law, you can:

• discuss your concerns with the owner or occupier or their landlord directly unless an Apprehended Violence Order (AVO) prevents you from doing this. It may be helpful to keep a record of any contact you have with them, for example, dates, times, witnesses and a record of what was said. You could also write to them or email them if you have their details.
• consider mediation to resolve the dispute. You could contact a Community Justice Centre to arrange mediation or arrange strata m​ediation through NSW Fair Trading​.
• report the matter to your managing agent or executive committee. You should do this in writing and keep a record of any letter or email you send.

You may also be able to take legal action. You should get legal advice. 

For more information about mediation, see:

• How it works on the Community Justice Centres website
  
• Resolving disputes and mediation on the NSW Fair Trading website.

How are strata committee meetings called?

The secretary or strata agent must notify every owner at least three days before the meeting date is scheduled.  The notice must include the meeting date, time, place and an agenda.

At least half of the strata committee must be at the meeting for it to go ahead.

Can notice of a strata committee meeting be given by email?

Notice of a strata committee meeting may be given to a person by email to an email address they have specified for service of documents. Any other document relating to the strata committee meeting may also be sent by email.

Do I have to be present in person to vote at strata committee meetings?

You don't need to be physically present in person to vote at strata committee meetings. You may vote in another way, including by phone, videoconference, email or using another electronic method. 

Pre-meeting electronic voting is not allowed for an election.

For more information, see Who's who in strata on the NSW Government website.

What if the strata committee member has a financial interest in a matter?

If the strata committee member has a financial interest, they must disclose the nature of the financial interest as soon as possible as this will create a conflict of interest. The strata committee member is not allowed to participate or vote about the matter.

Can a strata committee member be removed from serving on the committee?

The owners corporation can remove a member of the strata committee for a period of 12 months by passing a majority resolution.

For more information, see How to run a strata meeting on the NSW Government website.

How many proxy votes can I hold for a strata committee meeting?

For schemes with less than 20 lots (units), you are allowed one proxy vote only. For schemes with more than 20 lots (units), you can hold proxy votes for a maximum of 5% of the strata units.

I am a tenant. Can I nominate a tenant representative to attend strata committee meetings?

If tenants occupy more than half the lots in a building they can elect a representative to attend meetings of the strata committee and speak on their behalf.

The meeting to elect a tenant representative must be called at least 14 days' before the Annual General Meeting (AGM). Tenants must receive notice of the meeting at least 14 days in advance of it being held, which can be sent to a tenant's address on the strata roll.

Notice can be given by displaying it on the notice board or in writing.

A tenant representative can be excluded from a meeting of the strata committee if financial statements and levying of contributions are to be discussed. A tenant representative can't vote on any decisions affecting the strata scheme.

Who needs to submit the strata scheme annual report?

Strata schemes must register for the online strata portal and complete their reporting. 

Only the secretary, chairperson or strata manager need to register.

Owners and residents will be able to look up information about their strata scheme on the Strata Hub after it is reported. 

For more information, see Strata annual reporting on the NSW Government website.

When does the strata scheme annual report need to be submitted?

Strata annual reporting must be completed every year within three months of the annual general meeting. 

For more information, see Strata annual reporting on the NSW Government website. 

What are the strata record keeping requirements?

The strata roll must be up to date. Financial records and communications sent and received by the owners corporation and strata committee must be kept for seven years.

From 11 June 2024, strata records must be kept electronically.

For more information, see Record keeping requirements on the NSW Government website. 

Who is responsible for fixing problems on common property?

Common property is the property owned jointly by all of the lot owners. It is different to the 'lots' - the parts of the property that are owned exclusively by a person.

The owners corporation is responsible for fixing problems with common property, for example, repairs to foyer doors, maintenance of communal gardens and repairs to entry/exit car park garage doors.

If you want to report a problem to common property you can:

• contact the managing agent for your strata scheme, or
• report the matter to the Secretary of the owners corporation or the executive committee.

In some situations you may be asked to complete a maintenance or repair form to submit to the agent or committee.​

For more information, see Strata repairs and maintenance on the NSW Government website.

What are the requirements for works in excess of $30,000?

You must obtain at least two quotes if the proposed works are more than $30,000 regardless of scheme size. If two quotes are not obtained, the owners corporation need to add an item for the next general meeting to note why they could not do so.

This does not apply to expenses for emergency purposes. For example, a burst or blocked water pipe.  

​Who ​is respon​​sible for fixing thin​gs in my lot (unit)?

You are responsible for fixing most things inside your lot (unit).

If the issues in your lot were caused by a common property issue which was not addressed by the owners corporation, you should get  legal advice. 

For more information about what things are inside your lot, see Strata repairs and maintenance on the NSW Government website.

Can I make alterations to my lot without approval?

Owners may make cosmetic changes to their lot without the approval of the owners corporation in certain cases. Cosmetic changes can be things like:

• installing or replacing hooks, nails or screws for hanging paintings and other things on walls
  
• installing or replacing handrails
  
• painting
  
• filling minor holes and cracks in internal walls
  
• laying carpet
  
• installing or replacing built-in wardrobes
  
• installing or replacing internal blinds and curtains.
  

The by-laws can also specify additional work which can be considered cosmetic.

Cosmetic work may fall into the category of major renovations. For example, if your work involves structural changes or changes the external appearance of a lot.

If you make cosmetic changes to your lot, you must make sure that the work is carried out properly and competently and that you fix any damage to common property caused by your work.

You will need to get the permission of the owners corporation to do any other work on your lot involving common property. Certain works are considered minor renovations and others are considered major renovations requiring different forms of approvals.

If you are not sure whether you will need to seek permission for the alterations or if common property is involved in the alterations, you should get legal advice or check first with the owners corporation before carrying out the renovation work.

For more information, see Strata renovation rules on the NSW Government website. 

Do I need the permission of the owners corporation to install floor boards in my lot (unit)?

To install floorboards in your lot, you will generally need to get approval from the owners corporation. You can get approval by general resolution. This means you only need 50% of the vote of the owners corporation.​

You should check your by-laws in relation to installing floorboards in your scheme. Some schemes have specific by-laws about acoustic ratings.

For more information, see Strata renovation rules on the NSW Government website.

If you have problems getting approval from the owners corporation or have a dispute with your neighbour about the floorboard installations, you should get legal advice.

​Do I need permission to install cable TV, solar panels or skylights?

You need the permission of the owners corporation to make any alterations to common property, including installation of solar panels or skylights.

If you want to have cable TV, for example, Foxtel or Austar, in your unit and there already is a connection in the building, then you do not need the permission of the owners corporation to get it to your unit. The Foxtel technician will simply install an individual connection from the central point.

If there is no Foxtel connection to the building, you will likely need the permission of the owners corporation to:

• install a common connection in the building
• get access from a connection on the street, if the cable will pass over common property
• install a satellite dish on common property. 

What is sustainability infrastructure?

Sustainability infrastructure involves any changes to the common property including installation, removal, modification or replacement of anything on or forming part of the property for the purpose of:

• increasing the efficiency of the consumption of energy or water
• reducing or preventing pollution
• reducing the amount of waste sent to landfill
• increasing the recovery or recycling of materials
• reducing greenhouse gas emissions
• facilitating the use of sustainable forms of transport, for example, the installation of electric vehicle charging stations.

How does the owners corporation approve a sustainability infrastructure?

The owners corporation can authorise the installation of sustainability infrastructure on common property by passing a sustainability infrastructure resolution. 

A sustainability infrastructure resolution requires a majority (50% or more) of persons who are present and eligible to vote at the general meeting at which the motion is considered.

For more information, see Strata repairs and maintenance on the NSW Government website.

What must the owners corporation consider before approving a sustainability infrastructure resolution? 

The owners corporation must consider:

• the cost of the works, including the expected running and maintenance costs
• who will own, install and maintain the infrastructure
• if the infrastructure will be available to all or some of the lots in the strata scheme.

Can I have a pet in my​ lot (unit)?

Any by-laws or decisions about keeping a pet on a lot which is considered unreasonable has no force or effect. You can keep a pet as long as your pet does not cause unreasonable interference with another occupant's use and enjoyment of their lot or common property.

The owners corporation can’t charge a fee, bond or require insurance for keeping a pet.

If your animal is a nuisance, a hazard or interferes with another occupiers' use and enjoyment of their lot or common property, the NSW Civil and Administrative Tribunal (NCAT) can order you to remove the animal or take other actions to stop the unwanted behaviour.

You should speak to the owners corporation if your strata scheme has a blanket ban on keeping pets without exception as they may be in breach of the Strata Schemes Management Act 2015.

If you are renting, you must also get the permission of your landlord first if you want to keep a pet in your unit.

Assistance animals are always allowed in a strata scheme.

For more information, see Pets in strata on the NSW Government website.

What circumstances are considered as unreasonable interference?

An animal causes unreasonable interference with another occupant’s use and enjoyment of their lot or the common property if:

• the animal makes a noise that is persistent
• the animal repeatedly runs at or chases another occupant, a visitor or an animal kept by another occupant
• the animal attacks or menaces another occupant, visitor, or animal kept by another occupant
• the animal repeatedly causes damage to the common property or another lot
• the animal endangers the health of another occupant through infection or infestation
• the animal causes persistent offence odour that penetrates another lot or the common property
• the owner of a cat fails to comply with a nuisance order issued under the Companion Animals Act 1998
• the owner of a dog fails to comply with a nuisance order, or if the dog is a restricted dog or declared to be dangerous or menacing under the Companion Animals Act 1998.

What action can the owners corporation take against me if my pet is causing unreasonable interference?

If your pet causes unreasonable interference with another occupant’s use and enjoyment of their lot or the common property, the owners corporation may:

• issue a notice to comply with a by-law in the approved form
• apply to the Local Council for a nuisance order under the Companion Animals Act 1998
• apply to the NSW Civil and Administrative Tribunal (NCAT) for an order to remove the animal.

 If you receive a notice or order, you should get legal advice.

Another owner or occupier may also take action against you for issues related to your pet. If this happens, you should get legal advice.

What if I am refused permission to have a pet?

If the owner's corporation refuse to allow you to keep a pet, you may apply to the NSW Administrative and Civil Tribunal (NCAT) and ask for that by-law to be declared invalid. If it is declared invalid, this means that the by-law banning pets is harsh, unconscionable or oppressive and it no longer applies.

Before considering applying to NCAT, you must try mediation. You can apply for mediation at NSW Fair Trading. NSW Fair Trading can only mediate a pet approval matter when the by-laws allow for pets in the strata scheme and the owners corporation has refused permission.

For more information, see Strata disputes on the NSW Government website.

If you are not able to resolve the dispute through mediation before you apply to NCAT, you should get legal advice.

Can I have an assistance animal in my unit even if pets are not allowed?

Assistance animals are always allowed in a strata scheme, even if the by-laws restrict what other types of pets you can keep.

Assistance animals include guide dogs, hearing dogs and dogs or other animals that provide other assistances such as for those with a psychiatric disability. 

The owners corporation may ask you for information to show that your pet is an assistance animal. This includes:

• evidence to show that the assistance animal holds an accreditation
• a statutory declaration that the assistance animal has been trained to assist a person with disability. 

The owners corporation can’t request private medical records.

If you have a disability and permission to keep a guide dog, hearing dog or assistance animal was refused, you should get legal advice about your situation.

What if I have a strata ​dispute?

If you are involved in a strata dispute, you can:

• check what legislation or rules apply to your situation, including any by-laws for your strata scheme
• discuss your concerns with the managing agent or owners corporation directly (you can do this in writing, via email or by speaking to them)
• apply to NSW Fair Trading to mediate the dispute
• apply to the NSW Civil and Administrative Tribunal (NCAT).

What types of problems can be mediated at NSW Fair Trading?​​

Most problems about living in a strata scheme, such as keeping pets, renovations, parking and repairs to common property can be mediated by NSW Fair Trading. 

You can't apply for mediation if:

• you have a problem with the appointment of a strata management agent. This type of problem has to be dealt with in a meeting of the owners corporation.
• your dispute is about the payment of strata levies.

​For more information on what types of problems can be mediated, see Resolving disputes and mediation on the NSW Fair Trading website.

​How do I apply for mediation?

To apply for mediation, you need to complete an online Application for mediation form. There is no fee for this service.

For more information, see Applying for strata mediation and Fees for July 2022-June 2023 on the NSW Fair Trading website.     

​What if mediation do​​es not resolve the dispute?

If you can't resolve your dispute with the owners corporation through mediation, you can apply to the NSW Civil and Administrative Tribunal (NCAT). 

Do I have to​​​ apply f​​or mediation befor​e I apply to the NSW Civil and Administrative Tribunal?

You usually have to try mediation before applying to the NSW Civil and Administrative Tribunal (NCAT). 

NCAT generally can't make a decision about a dispute unless you have first tried mediation. You can contact the NCAT Registry and ask if mediation is required for a specific order first.

How do I apply to the NSW Civil and Administrative Tribunal?​

You can apply: 

• using NCAT Online Services, or 
• by completing the Strata and community schemes application form and lodging it at any NCAT Registry.

You will also need to pay a fee.

If you need an urgent hearing, you must also complete a Strata schemes interim application form. You can't apply for interim orders on their own.

The NSW Civil and Administrative Tribunal will send a copy of the application to the owners corporation. The owners corporation will then need to serve a copy of the application to each owner of the lot. 

For more information, see Strata schemes on the NSW Civil and Administrative Tribunal website.

How do I register to NCAT Online Services?

To make an application online using NCAT Online Services, you will need to set up an account and register your details on the NSW Online Registry website.  

You will also need to specify the order you are seeking from the Tribunal. 

For more information, see NCAT Online Services Help on the NCAT website.

Can I appear at the NSW Civil and Administrative Tribunal by telephone or video?

Yes, you can attend by telephone or video, if you get permission from the NSW Civil and Administrative Tribunal (NCAT). 

If you want to attend a hearing by telephone or video, you can:

• ask the Tribunal member during the initial hearing, or
• complete the application form as soon as possible.

You will need to tell NCAT the reasons for your application and can attach any documents that support your argument.

It will be up to NCAT to decide whether to it is appropriate for you to appear by telephone or video. NCAT will consider:

• the type of proceeding
• the nature and complexity of your case
• the views of the other parties
• your reasons for the request, and
• whether any party might suffer a disadvantage.

If your application is approved, NCAT will send you information about how to join the hearing. If your application is not approved, you should attend the hearing in person.

For more information, and for a copy of the application form, see Attending a hearing by telephone or video on the NCAT website.

What orders can the NSW Civil and Administrative Tribunal make?

The NSW Civil and Administrative Tribunal (NCAT) can make certain orders to resolve a dispute or complaint about the management and administration of a strata scheme, by-laws and the functions of an owners corporation, including orders relating to: 

• alterations and repairs to common property and other property
  
• changes to owners contributions
  
• keeping of animals
  
• meetings, decisions and records of the owners corporation
  
• by-laws.
  

If an urgent order is required, NCAT can also make an interim order at the time of making a Strata schemes application. An additional fee is payable for an interim order.

For more information, see Strata schemes on the NCAT website.

What is an interim order?

An interim order is an urgent order that the NSW Civil and Administrative Tribunal (NCAT) can make before the final hearing.

Interim orders can be made in the presence or absence of all parties depending on the urgency of the situation.

Interim orders that are made in the absence of all parties are usually in the nature of an injunction and are only for short period of time, for example:

• to prevent unauthorised work on common areas
• to prevent damage to common areas
• to address an imminent danger to the health and safety of lot owners or tenants, such as a gas leak, or the absence of running water or electricity.
  

A person applying for an interim order must have supporting evidence to show that an urgent order is necessary.

An interim order can remain in force for up to three months, renewed for up to six months or revoked. Before you lodge an interim order, you should get legal advice. In some cases, NCAT may make a costs order.

For more information, see the factsheet Strata schemes on the NCAT website. 

What if I do not agree wit​h an order made by the NSW Civil and Administrative Tribunal?

​If you disagree with the decision you may appeal to the appeals panel of the NSW Civil and Administrative Tribunal (NCAT). Any appeal must be lodged with NCAT within 28 days of the date on which you were notified of the decision or given reasons for the decision, which ever comes later.

Appeals can only be made in limited circumstances and can be difficult.

Before appealing a decision, you should get legal advice.

What can I do if I missed my hearing date and my matter was dismissed?

If you applied to the NSW Civil and Administrative Tribunal (NCAT) and your matter was dismissed because you didn't go to the hearing, you may be able to make a reinstatement application if you have a reasonable excuse, for example, you were in hospital or you didn't receive the notice telling you when you had to attend.

You will need to complete an Application to reinstate proceedings.

You must attach any documents that support your explanation such as:

• medical certificates
• travel documents
• emails or other communications.

The application needs to be lodged with NCAT within seven days from the date of the decision to dismiss the proceedings. This time frame may only be extended in special circumstances. 

You will need to pay a further application fee.  

For a copy of the form, see Consumer and Commercial Division forms on the NCAT website. 

Before making a reinstatement application, you should get urgent legal advice. 

What can I do if I am unhappy with the decision made by the NSW Civil and Administrative Tribunal?

If you are unhappy with the decision made by the NSW Civil and Administrative Tribunal (NCAT) you may be able to:

• apply for the order to be set aside or varied if you were absent, for example, if you missed the tribunal date because you were in hospital, or if you didn't receive the notice telling you when you had to attend. You have seven days from the date of the decision to make this type of application, although the tribunal may grant an extension on this time limit in certain circumstances. You also need to pay a fee to make this type of application.
• seek leave (permission) to appeal to the NCAT Appeal Panel. An appeal may be an option if you have suffered a substantial miscarriage of justice because the decision was not fair or equitable, or the decision was against the weight of evidence, or new evidence has arisen that couldn't reasonably be put to the tribunal at the time of the hearing. You have 28 days from the date you were notified of the decision or you were given reasons for the decision, verbally or in writing, whichever is later, to apply for an internal appeal.
  

If you are unhappy with a decision of the Appeal Panel, you may seek leave (permission) to appeal the decision to the Supreme Court on a point of law. You have 28 days to appeal the decision to the Supreme Court.

Before filing an internal appeal to NCAT or before appealing to the Supreme Court, you should get legal advice. 

What happens if an order made by the NSW Civil and Administrative Tribunal is breached?

An application can be made to NCAT to ask for a monetary penalty for breaching an NCAT order. An application can be made by:

• the original applicant of the order, or
  
• a party with an interest in the lot, for example another owner in the lot or the owner’s corporation.
  

If an order was made against you, you should get legal advice.