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Standard fact sheet.
Large print fact sheet.

Tenant participation 

In a strata scheme 

To find out what’s happening where they live, tenants may attend meetings of the owners corporation.

In some circumstances, tenants may also be able to elect a tenant representative to sit on the strata committee, which looks after the day-to-day running of the strata scheme.

Tenants should also be aware of tenancy laws that apply. For details visit the Renting a home section of the Fair Trading website.

Check you are registered on the strata roll 

The landlord, or property manager acting on their behalf, is responsible for completing a tenancy notice within 14 days of a new lease being signed. This information includes an address at which the tenant can be contacted. The landlord must give this to the owners corporation to allow a new tenant to be registered on the strata roll.

You need to be registered on the strata roll to:

  • exercise your right to attend meetings of the owners corporation
  • be communicated with (for example, receiving 7 days’ notice of meetings, which you may wish to attend)
  • be counted in the lots that are tenanted. This lets your strata management determine if your strata block is eligible to have a tenant representative on the strata committee.

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Attending meetings of the owners corporation 

Tenants (whose landlords have given notice of the tenancy to the owners corporation) can attend meetings of the owners corporation. A tenant cannot vote unless they are an authorised proxy, allowing them to vote on someone else’s behalf.

Tenants may be excluded from meetings where financial matters are discussed. They also must gain the owners corporation’s permission before they can speak at the meeting.

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Option to have a tenant representative 

In strata schemes where at least half of the lots are tenanted, the tenants have the right to nominate a tenant representative to the strata committee.

The tenant representative is entitled to:

  • receive a copy of the agenda and any minutes of meetings held
  • attend and speak at strata committee meetings. However, they can be asked to leave the meeting if financial issues are to be discussed.

The tenant representative does not have a vote. They cannot make up the quorum of a meeting (that is, the minimum number of people needed for a vote to be valid).

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Nominating a tenant representative 

The strata committee determines if at least half of the schemes are tenanted. A person entitled to convene an annual general meeting (AGM) must advise eligible tenants (those who appear on the strata roll) of the meeting to select their representative.

The meeting to elect a tenant representative can be held at any time before the AGM but must be called at least 14 days beforehand.

Tenants must receive notice of the meeting at least 7 days in advance of it being held, which can be:

  • sent to tenants’ address on the strata roll
  • posted on the scheme’s noticeboard (if one is provided).

The meeting can be chaired by the chairperson of the strata scheme or a tenant nominated by the eligible tenants present at the meeting.

An eligible tenant may nominate themselves, or another eligible tenant. The tenant representative is then to be determined by a majority vote of the tenants present at the meeting.

The quorum for the meeting is one person.

Landlords cannot prevent their tenant from nominating as a tenant representative. 

At the coming AGM, the chairperson announces the name of the tenant representative who was elected. At the end of the AGM, the tenant representative’s appointment officially begins.

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Period of appointment 

A person’s term ends as a tenant representative when:

  1. the person stops renting a property  in the scheme
  2. they resign in writing to the owners corporation
  3. the following AGM (after the one at which the tenant representative is announced) ends. 

If a tenant representative’s appointment ends early, the secretary of the owners corporation must convene a meeting of eligible tenants to elect a replacement for the rest of the term.

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Each strata scheme has its own by-laws, which are a set of rules that cover things such as the behaviour of residents and the use of the property. The by-laws apply to all owners and residents of a strata scheme, including tenants.

Landlords or the property manager for the tenancy must give their tenants a copy of the current by-laws within 14 days of the tenancy agreement being signed.

If a tenant breaches a by-law, the owners corporation or managing agent (if their agency agreement gives them the authority) can serve a 'Notice to Comply with a By-Law' on the person who is breaching it. A continued breach may result in a penalty. For more details, visit the By-laws in a strata scheme page on the Fair Trading website.

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