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🏡 So You Bought a Duplex… 🏡

Thu, 26 Feb 2026 04:59:36 GMT

(With a Shared Wall Dividing Both Lots)

Welcome to strata living — even if it’s “just two of you.”

If your property is part of a 2-lot strata scheme (duplex) , you are automatically part of an Owners Corporation (OC) under NSW strata law.

Even if you and your neighbour get along perfectly.
Even if you’ve “always just split things 50/50.”
Even if you don’t have meetings.

The legislation still applies.

✅ OWNERS CORPORATION COMPLIANCE CHECKLIST

(NSW – Strata Schemes Management Act 2015)

�� 1. Records & Sale Compliance

Your Owners Corporation must have:

· A properly maintained strata roll

· Accurate levy records

· AGM minutes (kept for 7 years minimum)

· Up-to-date financial statements

· A current 10-year Capital Works Plan

· Insurance records available

· Section 184 Certificate issued correctly on sale

If you’re selling, levies and any special levies must be correctly disclosed.

�� 2. Capital Works Fund

Even in a 2-lot scheme, you must:

· Maintain a Capital Works Fund (unless formally exempt)

· Have a 10-year plan (reviewed every 5 years)

· Strike levies properly at an AGM

Informal arrangements are not compliant.

�� 3. Insurance (Critical in Duplexes)

The OC must:

· Insure the building for full replacement value

· Hold $20 million public liability insurance

· Obtain a building valuation at least every 5 years

· Ensure the policy is current at settlement

Important for duplexes:

· The dividing wall is usually common property

· The full building envelope must be insured

· “We each insure our half” is often unlawful

�� 4. Fire & Safety

The OC must ensure:

· Fire separation between lots is intact

· No unauthorised penetrations in the dividing wall

· Smoke alarms are compliant

· Any essential fire measures maintained

The dividing wall fire rating is critical.

�� 5. Maintenance Obligations (Section 106)

The Owners Corporation must maintain:

· The dividing wall (if common property)

· Roof structure

· External walls

· Structural elements

· Common plumbing and drainage

· Shared services

Failure to maintain exposes the OC to damages claims.

�� 6. By-Laws & Alterations

Check for:

· Registered by-laws

· No informal side agreements

· No unauthorised structural changes

· Air-conditioning penetrations

· Roof penetrations

· Decks or pergolas

· Fence responsibility clarity

�� 7. Levies

Levies must:

· Be struck at a general meeting

· Follow unit entitlements

· Be formally recorded

“No need for levies — we just split it” is not compliant.

�� 8. Boundary & Wall Clarity

In duplexes this is often misunderstood:

· Is the dividing wall common property?

· Has either lot altered structural elements?

· Are fencing arrangements lawful?

· Are boundaries clearly defined in the strata plan?

⚠ Common Risks in 2-Lot Schemes

Non-compliance commonly includes:

· No Capital Works Fund

· No building valuation

· No formal AGMs

· Underinsured buildings

· Informal cost-sharing arrangements

· Unregistered by-law changes

Even if both owners agree — these are still breaches.

�� Before You Sell (or Buy)

You should confirm:

1. Current building insurance sum insured

2. Date of last valuation

3. Capital Works Fund status

4. Any unpaid levies

5. Dividing wall classification

6. Any special levies determined pre-contract

�� Need Help?

Small strata schemes are often the most exposed — because everyone assumes “it’s only two of us.”

If you would like:

· A Duplex Compliance Audit

· Dividing Wall Advice

· A Sale Risk Memo

· A Pre-Settlement Compliance Check

Let’s make sure your “simple duplex” isn’t carrying complex risk.

Call NSW Strata Specialists today for a free and independent assessment

NSW Strata Reforms 2025 — Wrap-Up & What It Means for Your Scheme

Fri, 23 Jan 2026 00:10:39 GMT

2025 has seen one of the most significant waves of strata law reform in recent years in New South Wales. The NSW Government has progressively rolled out amendments under the Strata Schemes Legislation Amendment Act 2025 (NSW) across multiple tranches, delivering greater transparency, accountability, stronger governance, enhanced protections for owners, and clearer duties for strata professionals.

1. Early Changes: March & July 2025 — Governance, Accountability and Transparency

From early 2025, several foundational reforms took effect, strengthening strata governance and operational transparency:

Stricter reporting and disclosure requirements for strata managing agents — including enhanced transparency around commissions, related-party relationships, and reporting obligations.
Governance and committee updates , notably easier removal of committee officers (chair, secretary, treasurer) by ordinary resolution rather than special resolution. ( Moirs Law )
Expanded rights around minor renovations and committee decisions , with clearer processes and automatic approvals where committees fail to decide within statutory timeframes.
Tighter document access rules and timeframes for owners and committees, improving visibility of minutes, budgets and major documents.

These early changes laid the groundwork for improved strata scheme rigour, boosting owner confidence and oversight.

2. October 2025 Reforms — Fairness, Compliance & Financial Hardship

On 27 October 2025 , the next stage of reforms commenced, delivering some of the most impactful changes for strata schemes:

Stronger Regulatory Powers

NSW Fair Trading received enhanced investigation and enforcement powers — including the ability to demand documents, enter buildings to gather evidence, and issue compliance notices where owners corporations fail in their statutory duties.

Financial Hardship Support

Strata levy notices must now include a Financial Hardship Information Statement to assist owners experiencing financial difficulty.
Owners can request standardised 12-month payment plans for overdue levies, with committees required to assess and respond within set timeframes.
Restrictions on levy recovery actions apply while a compliant payment plan is in place.

Building Manager Duties & Definitions

Clearer definitions of who is — and is not — a building manager help reduce ambiguity in contractual roles.
Building managers must act in the best interests of the owners corporation , promptly notify of maintenance and safety issues, and disclose any benefits or financial interests.

Tribunal Powers

Owners now have expanded grounds to apply to NCAT to change or end building manager agreements or strata management agreements in cases of poor performance or unlawful conduct.

3. Looking Ahead — April 2026 & Beyond

The reform journey continues into 2026 with additional changes scheduled to commence on 1 April 2026 :

Standardised 10-year capital works fund plans to improve long-term planning consistency across all schemes.
Enhanced developer obligations at handover, including initial maintenance schedules and accurate levy estimates.
Reforms to conveyancing disclosures, such as mandatory disclosure of exclusive supply networks in off-the-plan contracts.
Mandatory strata committee training is planned for later in 2026 (commencement date to be advised).

What This Means for Your Owners Corporation

The theme of the 2025 reforms is clear: better governance, enhanced fairness, stronger compliance and more support for owners. Taken together, these reforms:

✔ Improve transparency and accountability of strata managers and building managers.
✔ Provide meaningful support for owners facing financial difficulty.
✔ Enhance the powers of regulatory bodies like NSW Fair Trading and NCAT. (
✔ Strengthen long-term planning requirements and professional standards.

NSW Strata Specialists continues to monitor these reforms closely and support owners corporations, strata committees and managing agents with practical compliance advice, documentation updates and educational resources. Stay tuned for further updates as more changes commence in 2026. And visit the NSW Government website for more information. https://www.nsw.gov.au/housing-and-construction/strata/guide-to-strata-law-changes-for-strata-committees-and-owners

Pest Inspections: Spraying VS Baiting Termites

Thu, 21 Aug 2025 04:11:54 GMT

Termite Management in Strata: Why Baiting is the Responsible Choice

Termites are one of the most destructive risks faced by buildings in Australia. They are often called silent destroyers because they can eat through timber, flooring and plasterboard for years before anyone notices. By the time they are discovered, the repair bill can be enormous. In strata living, where property is shared, a single colony can spread quickly and cause widespread structural issues that affect every owner.

Because of this risk, the Owners Corporation has a clear duty to maintain and repair common property, and pest management forms part of that duty. It is also why every Annual General Meeting agenda includes a pest inspection motion. Termite management is not an optional extra for strata, it is a core part of protecting the building and safeguarding the value of each lot.

Why Spraying Falls Short

Spraying termites may look quick and cheap, but in reality it only provides temporary relief. Sprays kill the insects they touch but do nothing to reach the hidden colony. The nest is often underground or deep inside the walls, far beyond the reach of surface chemicals. Because the colony survives, the termites return, sometimes within just a few months.

Chemical soil barriers are also unreliable. They break down over time, especially if the soil is disturbed or the chemicals degrade unevenly. Once gaps appear in the barrier, termites find a way through. Studies show that this is a common weakness, which means spraying must be repeated over and over without ever solving the core problem.

Spraying can also create new risks. The chemicals can spread into gardens, lawns, and soil, affecting residents, pets and even beneficial insects. In a strata setting where many people share courtyards and green space, this exposure is not a risk worth taking.

Why Baiting Provides Real Protection

Baiting takes a very different approach. Instead of trying to kill termites on the surface, bait stations are placed strategically around the property. Termites feed on the bait, carry it back to the nest, and share it with the colony. Over time, the entire nest is destroyed.

Research has confirmed that baiting works. A Queensland Department of Primary Industries study tested baiting systems across several countries and found that entire colonies were eliminated within weeks to months. This shows that baiting is not just a theoretical solution but a proven method for full eradication.

Another key benefit of baiting is monitoring. Bait stations are checked regularly, which means that if new termite activity starts in the future, it can be identified and dealt with before major damage occurs. This ongoing surveillance is part of what makes baiting so effective. Instead of waiting for a crisis, the system provides continuous protection.

Baiting also uses targeted, low toxicity compounds such as insect growth regulators. These are designed to interrupt termite development and reproduction while having far less impact on people, pets and the environment. For shared residential properties, that balance of effectiveness and safety is crucial.

The Long Term Value

Owners sometimes question the cost of baiting when compared to a simple spray treatment. While baiting is more expensive at the outset, the measure of value lies in the long term outcome. Sprays require constant retreatment and still fail to destroy the colony, leaving the property exposed to repeat infestations.

Baiting takes longer to deliver results but it addresses the cause of the problem. Once the colony is gone, the building is no longer at risk from that infestation. The regular monitoring then ensures new threats are caught early. The money spent on baiting ultimately saves owners from the devastating repair costs that unchecked termites can create. In large strata complexes, those repair costs can easily exceed one hundred thousand dollars.

Why the AGM Motion Matters

When the pest inspection motion appears in the AGM agenda each year, it is not routine paperwork. It is one of the most important decisions the Owners Corporation makes. It ensures that the building is inspected, that termite risk is properly managed, and that the responsibility to protect common property is being met.

The choice between spraying and baiting is not a choice between equals. One is a short term measure that looks cheap but fails to solve the problem. The other is a comprehensive system that eliminates the colony, provides ongoing monitoring, reduces environmental risk, and protects the building in the long run.

For strata living, prevention is always more affordable and responsible than repair. That is why baiting is used, why spraying is avoided, and why the pest inspection motion remains a fixture of every AGM.

Governance, Developers, and Car Parking – What Else Has Changed in 2025?

Thu, 07 Aug 2025 23:19:15 GMT

The 2025 reforms to strata and community scheme laws bring more than just minor tweaks—they reshape how schemes are governed, how costs are shared, and even how parking is managed. If you own in a strata or community title scheme, here’s what you need to know.

1. Developer Voting Rights Clarified

In the past, original owners (often developers) could wield significant influence over the early decisions in a new scheme—sometimes even on matters where they had a vested interest. This created obvious concerns about fairness and transparency for incoming owners.

The 2025 reforms now make it crystal clear: developers cannot vote on certain matters where there’s a conflict of interest . This means important decisions—like defect rectification or by-law changes—can no longer be swayed by a party who may benefit from a particular outcome. It’s a win for fairness, and it ensures that from the very first AGM, all lot owners are on more equal footing.

2. Shared Facility Agreements Are Now Supported

Many community schemes and neighbouring strata complexes have shared infrastructure—think driveways, pools, gym facilities, security gates, or even pump stations. Until now, formalising how those shared facilities are managed could be messy, expensive, or near impossible without mutual goodwill.

Under the 2025 changes, schemes can now enter into formal “shared facility agreements” . These agreements set out exactly how shared areas will be maintained, how costs will be split, and who is responsible for what. That means fewer disputes, more predictable budgeting, and a clear framework if one party isn’t meeting their obligations.

Example: If your community scheme shares an access road with a neighbouring development, you can now lock in an agreement so each pays their fair share of maintenance—no more arguing over pothole repairs or verge upkeep.

3. Parking Pressure? The Law is Clearer Now

We’ve all seen it—garages full of boxes, sports gear, or home gyms, while cars overflow onto visitor spaces or common driveways. The reforms don’t exactly rewrite the parking rulebook, but they reinforce an important point: most schemes are approved with a set number of car spaces per lot, usually including the garage, and these spaces are meant for vehicles.

If you own two spaces, one in the garage and one outside, they’re not “optional” under planning approvals. You can’t just convert the garage into a storage unit and claim visitor bays for everyday parking. The same applies to parking more cars than your approved allocation—it can breach both by-laws and local council approvals.

In short: your garage is still a garage, not a giant cupboard.

�� Takeaway:
These 2025 reforms are about more than just “rules”—they’re about creating stronger governance, fairer decision-making, and clearer boundaries for shared living. Whether it’s developers stepping back from conflicted votes, communities having formal tools to manage shared spaces, or reinforcing how parking is meant to work, the end goal is the same: better, more harmonious communities.

Renovations, By-laws & Design in Community Schemes, What owners need to know in 2025

Thu, 07 Aug 2025 23:12:04 GMT

1. Design Controls: No More Vetoing Based on Aesthetics Alone
One of the key reforms to the Community Schemes Management Act is around sustainability and accessibility infrastructure.

If a resident wants to install:

A garden shed
Rainwater tanks
Solar panels
Small paved patios
Or other minor outdoor upgrades...

The scheme cannot refuse approval purely on aesthetic grounds (e.g., “we don’t like how it looks”), unless valid planning or heritage restrictions apply.

This is a major shift that protects owners’ rights to upgrade their homes in a functional, sustainable way, while still respecting the shared nature of community schemes.

2. Sustainability Upgrades Must Be Considered
Every Annual General Meeting (AGM) must now include a standing agenda item for discussion of sustainability upgrades. This includes:

EV charging infrastructure
Solar or battery systems
Water efficiency improvements

Even if your scheme isn’t ready to act, you must still have the conversation annually. This sets a strong foundation for future planning.

3. Review Your By-Laws and Community Management Statement (CMS)
Many community schemes are still operating under outdated CMS documents that don’t reflect current legislation or owner expectations.

It’s a good time to review:

Whether your CMS allows for reasonable renovations
If there are unnecessary aesthetic restrictions
Whether sustainability provisions are covered

This is especially important if your CMS still references pre-2021 legislation or doesn’t differentiate between renovation, maintenance, and exclusive use rights.

�� Takeaway: Community schemes must now support practical, sustainable improvements and avoid excessive restrictions based solely on appearance. Make sure your CMS and by-laws are up to date with the 2025 reforms.

Future-Proofing Your Scheme

Thu, 07 Aug 2025 06:01:26 GMT

Sustainability, Accessibility & Innovation Under the 2025 CSMA Reforms

1. Sustainability Discussions Now Mandatory at AGMs
From 1 July 2025, all community schemes must include sustainability infrastructure on their AGM agenda. That includes options like:

Solar panel installation
EV charging stations
Water-saving or energy-efficient upgrades

Even if you're not installing anything just yet, schemes are now expected to discuss and consider these items regularly. This is a push toward future-proofing and responsible planning.

2. Accessibility Just Got Easier
Previously, accessibility improvements like ramps or mobility rails required a special resolution (75% approval). That hurdle has now been lowered to a simple majority vote . This change removes a major barrier to creating inclusive and age-friendly communities , and supports the rights of residents with disabilities or reduced mobility.

3. Going Digital: Easier Access to Records
The reforms also encourage schemes to modernise how they manage records . Digital formats are now the norm for:

Meeting minutes
Insurance and financial documents
By-laws

This improves transparency and makes life easier for owners needing quick access to records—no more chasing paper trails!

�� Takeaway: If your scheme hasn’t already embraced sustainability planning, accessibility upgrades, or digital systems—it’s time to get ahead.