Thanks to the Strata Schemes Management Amendment (COVID-19) Regulation 2020, the new section 271A of Strata Schemes Management Act 2020, the Community Lands Amendment (COVID-19) Regulations 20202 and the new section 122A of the Community Lands Management Act 1989, it has become easier for strata schemes and community title schemes to hold meetings and to sign documents. The key provisions are:
Meetings & notices
- Notices can be sent electronically for both strata and community title schemes.
- Electronic voting now applies to owners corporation’s regardless of whether owners corporation resolved to adopt it and to community title schemes but secretary must take reasonable steps to ensure each member can participate and vote at the relevant meeting
- The scheme cannot use pre-meeting electronic voting for an election
- First Annual General Meetings can now be held up to six months after the expiry of the initial period.
Signing documents:
- Video conferencing can be used to witness affixing of the seal or, as an alternative to affixing the seal, witnesses can sign and date the agreement instead.
Loans between funds
- A scheme can borrow monies from one of its funds, for instance from the capital works fund, for the purposes of another fund, for instance its administrative fund for a longer period. Previously, the loan could be for 3 months, now it may be for 6 months.
The regulations are limited in time. To ensure that they are properly used we recommend you seek legal advice.
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