As of May 15, COVID-19 Public Health Orders regarding what we can do in strata environments have changed. This page provides information for people living and working in strata schemes.
- Easing of restrictions
- Owners corporation responsibilities
- Socialising in the complex
- Common areas and shared facilities
- Levies and contributions
- Short-term accommodation
- Repairs, maintenance, fire and rental inspections
- Meetings and voting
Easing of restrictions
The NSW Government is gradually easing COVID-19 restrictions.
From 15 May the following easing of restrictions are permitted and may have impacts on strata schemes:
- outdoor gatherings of up to 10 people
- cafes and restaurants can seat 10 patrons at any one time
- up to 5 visitors to a home
- weddings can have 10 guests
- indoor funerals can have up to 20 mourners, outdoor funerals up to 30
- religious gatherings/places of worship can have up to 10 worshippers
- use of outdoor equipment with caution
- outdoor pools open with restrictions
Owners corporation responsibilities
An owners corporation must take appropriate steps to ensure the safety of owners and residents.
Owners corporations and community associations should make their own risk assessment to determine if facilities should remain open. If the measures above cannot be implemented, public health advice would be to close the facilities for the safety of residents and staff.
Failure to do so puts owners corporations at risk of legal liability claims.
An owners corporation and/or community association must develop communication strategies to meet the needs of diverse communities.
Particular attention should be given to more vulnerable residents such as the elderly, disabled, and anyone who may not use the internet.
Socialising in the complex
Social gatherings outside the home are limited to 10 people under the Public Health Orders.
Social gatherings inside the home are limited to 5 people under the Public Health Orders.
There are some exceptions, such as a wedding, funeral or legal obligation.
If you need to leave your home, stay at least 1.5 metres away from others.
This includes strata and community areas such as lifts, communal laundries, stairwells and car parks.
People who arrive in Australia by aircraft from overseas or by vessel from another port outside of NSW must enter into a quarantine arrangement for 14 days as directed by NSW Police.
You must still self-isolate according to the NSW Health guidelines if you:
- have or are suspected to have COVID-19
- are living with someone suspected to have COVID-19
- have been in close contact with a confirmed case of COVID-19
Affected residents and anyone living with them must stay within their lot except in the event of an emergency or need for medical care.
In those limited circumstances, if you must leave, you should wear a surgical mask, and stay at least 1.5 metres away from others.
More information on self-isolation is available at nsw.gov.au.
Frequently asked questions about self-isolation
Do I have to inform the owners corporation if I have COVID-19?
There are mandatory reporting requirements to health authorities but there is no requirement for a resident to disclose their condition to the owners corporation.
Residents and owners corporations must consider the welfare of other residents, visitors and contractors visiting the scheme.
Many owners corporations encourage residents to disclose this information so precautions can be taken including providing additional hygiene measures, issuing advice to other residents to comply with precautionary measures and to manage and protect contractors.
If a person discloses their condition, an owners corporation must respect the person’s privacy and not disclose the individual’s identity.
What should the owners corporation do if they suspect a self-isolating resident is seriously ill?
If you’ve attempted to make direct contact with a resident who is self-isolating, they haven’t responded and you suspect they may be seriously ill, call Emergency Services on 000.
You can have up to 5 visitors to a household at any one time.
If you are feeling unwell you should not visit other people at home, even if your symptoms are mild.
Depending on your scheme, additional or new measures may be taken to help reduce risks to other residents.
For example, the owners corporation could set up a central point for receiving deliveries or implement preventative measures for tradespeople.
Residents must be informed of any new or changed procedures and information about them should be displayed on the scheme’s noticeboard.
Personal trainers can visit as long as they follow Public Health Orders and social distancing rules.
Common areas and shared facilities
Use of common areas should generally be limited to:
- access to and from your home (including moving in or out)
- avoiding injury or illness or to escape risk of harm
- emergencies or emergency assistance
Shared facilities can now open so long as restrictions are in place to prevent the spread of COVID-19 including physical distancing and hygiene measures – most importantly that no more than one person per four square metres in each space.
These facilities can include:
- swimming pools , saunas and spas
- rooftop gardens
- indoor recreation rooms (for example, games rooms)
- outdoor or indoor playgrounds
These facilities can be open for residents (as it is not a facility open to members of the public), however facilities need to operate safely and comply with physical distancing and hygiene measures.
If an owners corporation temporarily closes facilities on the common property, a notice of closure must be posted so all residents are aware.
Owners corporations must consider cleaning common areas more frequently.
In particular, frequent points of contact such as door handles, handrails, light switches, lift buttons, and garbage chutes and rooms must be disinfected more regularly.
Strata managers, committees and contract cleaners must have procedures in place to ensure cleaning practices conform with the Department of Health’s environmental cleaning and disinfection-principles for COVID-19.
Speak with the strata managing agent or strata committee if you’re concerned about common area hygiene.
Owners corporations must take reasonable steps to ensure hygiene in communal laundry facilities.
Facilities may require more cleaning and guidance provided to residents to encourage improved hygiene and social distancing practices.
More information on environmental cleaning is available at environmental cleaning and disinfection-principles for COVID-19.
Frequently asked questions about common areas and shared facilities
Can residents suspected or confirmed of having COVID-19 be restricted from using a lift?
No. They are however required to follow self-isolation rules. The NSW Police are responsible for enforcing those rules.
Visitors, carers and residents should ensure they enter a lift with only their immediate family or on their own.
Who can I complain to if increased noise or smoke drift becomes a nuisance?
Inform your strata committee or strata manager. These matters are covered by existing by-laws.
Can a community golf course or tennis court be used?
If these are outdoor facilities, they can remain open, provided Public Health Orders are followed.
Levies and contributions
Some owners are experiencing financial hardship as a result of COVID -19 and non-payment of levy contributions impacts the ability of owners corporations to manage and maintain the property.
The financial impact on schemes will vary depending on the proportion of affected owners and the financial position of the scheme.
Individual schemes must determine the most appropriate response to arrears and hardship requests.
Schemes should have regard to their individual circumstances and the current economic spirit of supporting temporary arrangements without causing long-term financial detriment or insolvency.
Current legislation enables schemes to enter into instalment plans, to apply discounts or to waive interest. The following summarises options currently available to schemes.
Payment of contributions
Owners corporations by resolution at a general meeting can enter into a payment plan for overdue contributions. The payment plan is limited to a 12 month period.
Subject to a resolution at a general meeting, the scheme can also agree to reduce contributions by 10% if they are paid before their due date.
Interest on arrears
Levy contributions in arrears accrue interest at a rate of 10%. The interest is payable if the contribution is not paid within one month of the contribution being due and payable.
Owners corporations can decide, by resolution at a general meeting, that no interest applies to individual lot owners or across all lot owners.
Currently, there is no provision available to reduce the interest rate.
Transfer of money between the Administrative and Capital Works funds
Strata schemes with more than two lots can transfer or use the money of one fund for the purposes of the other fund.
Within three months of transferring or using the money, the owners corporation must determine how to reimburse the funds transferred or used.
This does not mean the money transferred must be repaid within three months.
Rather the owners corporation must decide on the levy required to reimburse the fund.
Other financial options
The strata manager or committee treasurer can review potential costs in the budget that might be deferred or lowered that are non-essential and can lower running costs temporarily.
- deferring special levies unless they relate directly to health and safety work
- deferring non-essential works to free up funds for increased cleaning and waste management
Owners corporations can also consider taking out a strata loan to cover shortfalls if needed.
Frequently asked questions about levies and contributions
What can I do if I can’t pay my levies on time?
Contact your strata committee and advise them of your situation. You may be able to negotiate a payment plan.
Owners corporations can decide by resolution at a general meeting to provide a payment plan or waive interest charges on arrears for owners who can’t meet levy contributions.
Payment plans are limited to a maximum of 12 months.
If you’re unable to agree to an arrangement, you can apply for mediation with Fair Trading.
If we can’t help you reach an agreement, you can then apply to the NSW Civil and Administrative Tribunal for a decision.
Short-term rental accommodation
On Friday, 10 April 2020, strata laws changed to help owners corporations manage short-term rental accommodation.
Owners corporations can adopt by-laws banning short-term rentals in lots which are not the host’s principal place of residence.
This means owner-occupiers can still rent out a room while they are there as host, or the whole property while they are away temporarily.
This is the first stage of the NSW Government’s new regulations on short-term rental accommodation.
A Code of Conduct for short-term rental has been deferred until later in 2020.
Travel restrictions are currently in place, which means much lower demand for short term rental accommodation.
The Federal Government has mandated all international arrivals must complete 14 days of quarantine at pre-booked hotels.
Repairs, maintenance, fire and rental inspections
Repairs and maintenance
Schemes may approve essential repairs and maintenance but must consider the welfare of residents if they engage tradespeople or other contractors to work within the scheme:
- residents should be advised of the date, time and timeframe for work being done
- schemes must ensure contractors follow hygiene practices
- interact with contractors outside, where possible
- residents need to maintain social distancing of 1.5 metres between themselves and workers
Renovations and non-essential work
It makes sense for owners corporations and lot owners to delay renovations or non-essential work where it is possible to do so.
Most residents are now at home, and renovations can impact other residents more than usual.
Owners who have already started renovations must consider the welfare of other residents by limiting noise or other disturbances and ensuring contractors follow hygiene practices.
By-laws and new COVID-19 measures introduced by a scheme may restrict when people can access the property for renovation purposes.
If disputes arise and an agreement cannot be reached, you can apply for mediation with Fair Trading.
Owners corporations should consider the impact of more residents being at home for longer periods and the impact on waste management.
Where appropriate, arrangements should be made to increase the frequency of waste disposal services.
Owners corporations still have legal obligations to ensure an annual fire safety inspection is completed.
If a person has COVID-19, a fire safety inspection of their lot must be deferred until the resident has obtained medical clearance.
Owners corporations can only access a lot with the occupier’s consent or under an order from NCAT, unless it is an emergency.
Owners corporations should plan ahead for fire safety inspections to ensure adequate time in case there is a delay in obtaining access.
Increased deliveries and concierge services
With people staying home, there will be more deliveries to many buildings.
Large buildings may require additional concierge services.
All residents, including those who may not have access to the internet, must be advised of any restrictions placed on usual access and delivery times.
Be mindful of the needs of self-isolated, disabled or vulnerable residents who are unable to access deliveries made to communal areas such as foyers.
Frequently asked questions about repairs, maintenance, fire and rental inspections
Can a landlord or managing agent still do inspections?
Yes. Inspections conducted in-person for the purposes of sale, lease and at display homes may now legally be conducted, but landlords and agents should use digital inspections wherever possible and only conduct in-person inspections if absolutely necessary.
Agents and landlords should defer routine property management inspections if possible.
Should maintenance workers be wearing a mask?
Workers at strata schemes don’t need to wear a mask if they are well.
Workers may need to wear a mask if they are near an elderly or unwell resident.
NSW Health provides advice on masks.
If I am a tenant in self-isolation and I don’t want the annual fire inspection to proceed. Can I say no?
The answer will depend on the reasons for self-isolation.
If a resident is in self-isolation because they’ve been diagnosed with COVID-19, the Public Health Order prevents anyone entering their residence except in case of an emergency.
If a resident has a medical condition or is particularly vulnerable to COVID-19, they should advise their strata committee or manager so appropriate precautions can be implemented.
Meetings and voting
Owners corporations are still required to conduct meetings as required by the Act and Regulations.
These meetings ensure strata can continue to effectively manage properties.
Meetings must be held in person unless the owners corporation has previously passed a resolution allowing for alternative means of voting.
In-person voting presents a problem under the current social distancing requirements. As time goes on, the inability to vote by alternative means may prevent a strata scheme from meeting its legal obligations.
If alternative means of voting have already been agreed, voting may be done electronically.
Large strata schemes that haven’t approved alternative voting will need to:
- arrange for a brief general meeting to consider alternative means of voting
- conduct the meeting on common property, as this won’t breach Public Health Orders
- minimise the number of people needed through:
- the use of proxies, noting the usual restrictions on proxies apply
- ensuring the minimum number of people are present to ensure a quorum
- company nominees
- holding the meeting in a large open space to allow for social distancing such as a basement garage, or yard.
If all reasonable efforts have been made to hold a general meeting under the above guidelines and the meeting is unable to achieve a quorum, the Chair can use the no quorum procedure to hold a valid meeting and pass the resolution.
For small schemes, face to face voting may continue where social distancing rules are observed.
Execution and lodgement of documents
Owners corporations and conveyancers may face difficulties during COVID-19 executing and lodging documents under common seal, as required by the NSW Land Registry Services.
Check the NSW Office of the Registrar General for COVID-19 related information.
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