Strata and owners corporation by state: NSW SSMA 2015, Vic OCA 2006 and Qld BCCM

Statutes and regulators

The legislative frameworks governing strata and owners corporations vary by state. In New South Wales, the Strata Schemes Management Act 2015 (SSMA) and Strata Schemes Development Act 2015 are the key statutes, and these are administered by NSW Fair Trading. Disputes are typically resolved through the NSW Civil and Administrative Tribunal (NCAT). Unfair contract terms 2026 penalties may apply.

Victoria’s legislation is primarily the Owners Corporations Act 2006 (Vic), which underwent substantial amendment by the Owners Corporations and Other Acts Amendment Act 2021, taking effect from 1 December 2021. Consumer Affairs Victoria is responsible for administering this legislation. Queensland’s framework consists of the Body Corporate and Community Management Act 1997 (BCCM Act) alongside module regulations, which are tailored to different types of schemes (Standard, Accommodation, Commercial, Small Schemes, Specified Two-Lot).

Western Australia’s legislation is the Strata Titles Act 1985 (WA), which was substantially amended in 2020. South Australia’s legislation comprises the Strata Titles Act 1988 and the Community Titles Act 1996.

NSW SSMA 2015: funds and AGM rules

NSW owners corporations are required to establish and maintain both an administrative fund, covering day-to-day costs, and a capital works fund for long-term capital expenses. This obligation is outlined in sections 73 and 74 of the Strata Schemes Management Act 2015 (SSMA 2015). The SSMA 2015 also mandates the preparation of a 10-year capital works fund plan, which must be reviewed at least once every 5 years.

At each annual general meeting (AGM), the owners corporation must set contributions to both the administrative and capital works funds. These contributions are determined based on estimated expenses. Failure to act honestly and fairly in these matters could potentially lead to liability under ACL misleading and deceptive conduct (s18, s29).

The SSMA 2015 places a duty on the owners corporation to maintain and repair common property (section 106). Furthermore, section 16 requires the original owner to provide certain documents and records to the owners corporation at its first AGM.

Victorian Owners Corporations Act 2006 (as amended 2021)

The *Owners Corporations Act 2006* governs owners corporations in Victoria. Amendments in 2021 introduced a tiered system for prescribed obligations, classifying owners corporations based on the number of occupiable lots and the services they provide. This system results in a five-tier classification, with higher tiers facing more stringent requirements.

Tier 1 owners corporations (those with 51 or more occupiable lots) and Tier 2 (10-50 lots) are subject to stronger requirements for maintenance plans and audited financial statements. All owners corporations must hold an annual general meeting (AGM) each financial year and present annual financial statements, which may be audited or reviewed depending on the size of the owners corporation. ACL consumer guarantees may also be relevant.

Owners corporation managers are required to be registered with the Business Licensing Authority and maintain professional indemnity insurance. Disputes arising within owners corporations are typically resolved through the Victorian Civil and Administrative Tribunal (VCAT) under the framework established by the *Owners Corporations Act 2006*.

Queensland BCCM Act and module regulations

Queensland’s body corporates are regulated by the Body Corporate and Community Management Act 1997. This legislation operates in conjunction with one of five module regulations: Standard, Accommodation, Commercial, Small Schemes, or Specified Two-Lot. The specific module regulation applicable to a scheme is determined by the community management statement (CMS) registered for that scheme. Franchising Code of Conduct 2024 update

Body corporates in Queensland have specific obligations under the BCCM Act. These include holding an annual general meeting (AGM) within three months after the end of the financial year, and preparing an annual budget covering both administrative and sinking funds.

Dispute resolution processes are managed through the Commissioner for Body Corporate and Community Management. Body corporates are also required to maintain sinking funds, which are funded by contributions levied on lot owners in accordance with the BCCM regulations.