Strata property tenants: your rights and responsibilities when it comes to strata matters
Though strata property tenants cannot be as involved in strata matters as owners, they do sometimes have the right to be represented at strata meetings
Under current strata laws in New South Wales, tenants may be able to attend strata meetings depending on the circumstances. In strata properties where at least half of the lots are tenanted, tenants can also elect a representative to sit on the strata committee.Whether you’re a strata property tenant or a strata property owner with tenants, it is important to understand the following when it comes to strata property tenants:
1. Tenants can and should be on the strata roll
The landlord or property manager is responsible for completing a tenancy notice within 14 days of a new lease being signed and providing details regarding strata property tenants to the committee or strata manager.
Importantly, strata property tenants must be on the strata roll to attend meetings, receive strata communication and be counted in the tenanted lots.
2. Tenants can attend some strata meetings
If a strata property tenant has provided their notice of tenancy, then they can attend general meetings of the owners corporation. However, they must get permission before speaking at the meeting, and they cannot vote unless they are an authorised proxy.
The owners corporation is not required to provide strata property tenants with copies of general meeting minutes, and tenants attending general meetings may be excluded when financial matters are being discussed.
3. A tenant representative may be able to join the strata committee and attend its meetings
In a strata property where at least half of the lots are tenanted, the strata property tenants can nominate a tenant representative to the strata committee. The committee is not required to give notice of its meetings to tenants, other than to the tenant representative on the committee if one has been selected. Strata property tenants do not have the right to attend committee meetings unless they are the appointed tenant representative.
The tenant representative on a strata committee is:
- Is not entitled to vote on decisions of the committee or to put a motion or nominate a person for office
- Is not entitled to act as an officer of the owners corporation for committee purposes
- Cannot be counted in determining whether there is a quorum of the committee.
The strata committee may determine that tenants are not entitled to be present when the following matters are being discussed or determined:
- Financial statements and auditor’s reports
- Levying of contributions
- Recovery of unpaid contributions
- A strata renewal proposal or any related matter
- Any other financial matter specified by the regulations.
While strata property tenants in New South Wales can’t attend all strata meetings, there are some meeting types they can attend in some circumstances, and a tenant representative may be able to join the strata committee and attend its meetings too.
Having set up the very first strata scheme in Australia back in 1948, we’ve come a long way in our knowledge and experience across a variety of property types. Whether you are new to strata management or an active committee member, we have developed an extensive library of resources to assist you. Click here to download our FREE Community Living guide on committee management. For a consultation to review your current by-laws with the Kemp Peterson team, click here. To find out more about the services we offer, click here for a free strata assessment.
