This is part six of a six part series discussing the strata and community title updates in 2025. This post discusses the changes to the duty to maintain and repair common property & association property and the approval of minor renovations in strata schemes

These changes will be brought about by the Strata Schemes Legislation Amendment Act 2025 when it takes effect. Some minor changes have taken effect but the changes discussed below have not yet done so. It is expected that the changes will come into effect from mid 2025.

Limitation on deferring repairs:

In a major change to a scheme’s ability to defer its repair and maintenance of common or association property obligations while taking action against a third party (for example building defect actions), schemes will not be able to defer their obligation if it affects a person’s access to or use of the common property of a lot in the scheme. This will significantly limit a scheme’s ability to defer repairs.

Time limit for damages:

This relates to the owners corporation’s (and associations) duty to maintain and repair its common property (or association property). The time from which a lot owner must take action against the scheme for their damages after they first become aware of their loss is to be extended from the current two years to six years. This is a significant change.

As it is not known when the changes will take effect lot owners suffering damages should, if they have suffered loss from a failure of their scheme to maintain and repair its common property, take action under the existing two year limitation period.

Additions & Alterations:

Special resolutions authorising changes to the common property will need to specify whether the ongoing maintenance obligation is assigned to the scheme or the relevant lot owner: s108(3) SSMA.

Minor renovations:

Strata committees that refuse applications for minor renovations under s110 of the SSMA must provide written reasons within three months of the application s110(6B).  Failure to do so results in the deemed acceptance of the works application: s110(6B).

Schemes must keep written records of minor renovations for ten years: s110(6C).

Although references are made throughout to changes to the SSMA, these changes also affect the Community Land Management Act 2021 (NSW) (“CLMA”).

This is general information and is not to be considered as legal advice. Please seek advice tailored to your situation.