New South Wales Strata Scheme Law: Owners Corporations and NCAT

An owners corporation must not require an owner or occupier of a lot to—(a) pay a bond or fee relating to the keeping of an animal on the lot, or (b) obtain insurance for an animal kept on the lot. Part 6 Property management Division 1 Common property

Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.nsw.gov.au

Also relied on in: Pets in Strata Schemes and Body Corporates Across Australia

(1) An owners corporation for a strata scheme must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation. (2) An owners corporation must renew or replace any fixtures or fittings comprised in the common property and any personal property vested in the owners corporation. (3) This section does not apply to a particular item of property if the owners corporation determines by special resolution that—(a) it is inappropriate to maintain, renew, replace or repair the property, and (b) its decision will not affect the safety of any building, structure or common property in the strata scheme or detract from the appearance of any property in the strata scheme.

Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.nsw.gov.au

Also relied on in: Who Repairs Common Property in a Strata Scheme in Australia

(1) Each of the following has no force or effect to the extent that it would unreasonably prohibit the keeping of an animal on a lot—(a) a by-law, (b) a decision by an owners corporation under a by-law. (2) It is taken to be reasonable to keep an animal on a lot unless the keeping of the animal unreasonably interferes with another occupant’s use and enjoyment of the occupant’s lot or the common property. (3) The regulations may specify circumstances in which the keeping of an animal unreasonably interferes with another occupant’s use and enjoyment of the occupant’s lot or the common property. (4) A by-law that prohibits the keeping of an animal on a lot is not harsh, unconscionable or oppressive if it does not unreasonably prohibit the keeping of an animal on a lot.Note. Section 150(1) provides that the Tribunal may declare a by-law to be invalid if it is harsh, unconscionable or oppressive.

Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.nsw.gov.au

Also relied on in: Strata, Owners Corporation and Body Corporate By-Laws in Australia

(1) A by-law has no force or effect to the extent it would—(a) prohibit or restrict the keeping on a lot of an assistance animal used by an owner or occupier of the lot, or (b) restrict, or impose an unreasonable burden on a person in relation to, the use of an assistance animal on a lot or common property. (2) A by-law may require a person who keeps an assistance animal on a lot to provide evidence to the owners corporation to show the animal is an assistance animal. (3) A person who keeps an assistance animal on a lot satisfies the evidentiary requirement of a by-law under subsection (2) if they provide any 1 of the following to the owners corporation—(a) evidence the animal holds an accreditation referred to in the Disability Discrimination Act 1992 of the Commonwealth, section 9(2)(a) or (b), or (b) a statutory declaration verifying the animal has received the training referred to in the Disability Discrimination Act 1992 of the Commonwealth, section 9(2)(c), or (c) any 1 form of evidence prescribed by the regulations.

Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.nsw.gov.au

(1) An owners corporation must, not later than 14 days after the constitution of the owners corporation and at each annual general meeting after that, estimate how much money it will need to credit to its administrative fund for actual and expected expenditure—(a) to maintain in good condition on a day-to-day basis the common property and any personal property vested in the owners corporation, and (b) to provide for insurance premiums, and (c) to meet other recurrent expenses. Note. Recurrent expenses would include such regular expenses as insurance, water charges, electricity charges, carpet cleaning, lawn mowing services and the like and minor expenses relating to maintenance of the common property.

Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.nsw.gov.au

Also relied on in: Strata, Owners Corporation and Body Corporate Levies in Australia

(1) A contribution, if not paid when it becomes due and payable, bears until paid simple interest at an annual rate of 10% or, if the regulations provide for another rate, that other rate. (2) Interest is not payable if the contribution is paid not later than one month after it becomes due and payable. (3) However, an owners corporation may by resolution determine (either generally or in a particular case) that a contribution is to bear no interest. (4) An owners corporation may, by resolution at a general meeting, determine (either generally or in a particular case) that a person may pay 10% less of a contribution levied if the person pays the contribution before the date on which it becomes due and payable. (5) An owners corporation and an owner may agree to enter into a payment plan for the payment of overdue contributions. (5A) A request by an owner to enter into a payment plan (the request) may be reasonably refused by the owners corporation. (5B) The regulations may prescribe what constitutes a reasonable refusal in relation to payment plans. (5AA) A payment plan is limited to a period of 12 months but a further plan may be agreed to.

Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.nsw.gov.au

(1) The Tribunal may order the owner of a lot in the strata scheme, or other person, to pay a contribution that is payable by the owner or other person under this Act that is not paid at the end of 1 month after it becomes due and payable, together with any interest payable on that unpaid contribution and the reasonable expenses of the owners corporation incurred in recovering those amounts. (2) The Tribunal may make an order under subsection (1) only—(a) on the application of the owners corporation, and (b) if proceedings between the owners corporation and the owner of a lot in the strata scheme or other person are pending before the Tribunal. (2A) An owners corporation may, without obtaining an order under this section, recover as a debt in a court of competent jurisdiction, a contribution not paid at the end of 1 month after it becomes due and payable, together with any interest payable on that unpaid contribution and the reasonable expenses of the owners corporation incurred in recovering those amounts.Note.

Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.nsw.gov.au