Tenant participation in strata matters

What are tenant rights and obligations?

In New South Wales, depending on the circumstances, under the new strata laws, tenants may be able to attend strata meetings. 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 tenant or a strata property owner with tenants, it is important to understand the rights and obligations for tenants when it comes to various strata matters:

1. The importance of being on the strata roll
2. Attending meetings of the owners corporation
3. Attending meetings of the strata committee
4. Providing tenants with notice of general meetings
5. What circumstances can a tenant be on a strata committee
6. Electing a tenant representative to a strata committee
7. Restrictions on the role of a tenant representative
8. Restrictions on information at a meeting of the owners corporation
9. Minutes of meetings

The importance of being on the strata roll

You must be on the strata roll to be able to attend meetings, be communicated with, and be counted in the lots that are tenanted.

The landlord or property manager is responsible for completing a tenancy notice (within 14 days of the lease being signed) and providing the tenant’s information to the committee or strata manager.

Attending meetings of the owners corporation

If a notice of the tenancy has been provided, the tenant can attend meetings. They must get permission before they can speak at the meeting and might be excluded from meetings where financial matters are discussed. A tenant cannot vote unless they are an authorised proxy.

Attending meetings of the strata committee

A committee is not required to give notice of its meetings to tenants, other than the tenant representative on the committee if one has been selected. Tenants do not have the right to attend strata committee meetings unless they are the appointed tenant representative.

Providing tenants with notice of general meetings

A committee is not required to give notice of its meetings to tenants, other than the tenant representative on the committee if one has been selected. Tenants do not have the right to attend strata committee meetings unless they are the appointed tenant representative.

What circumstances can a tenant be on a strata committee

In a strata property where at least half of the lots are tenanted, the tenants can nominate a tenant representative to the strata committee. A committee is not required to give notice of its meetings to tenants, other than the tenant representative on the committee if one has been selected. Tenants do not have the right to attend strata committee meetings unless they are the appointed tenant representative.

Electing a tenant representative to a strata committee

A committee is not required to give notice of its meetings to tenants, other than the tenant representative on the committee if one has been selected.

Tenants do not have the right to attend strata committee meetings unless they are the appointed tenant representative.

Restrictions on the role of a 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.

Restrictions on information at a meeting of the owners corporation

The strata committee may determine that a tenant representative is 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.

Minutes of meetings

The owners corporation is not required to provide copies of the minutes of either a general or strata committee meeting to tenants.

In Queensland and Victoria

Only lot-owners or their authorised representatives have a right to attend so unless a tenant has been appointed proxy of an owner, they do not have a right to attend meetings of the committee.

Guests are generally confined to those who may be able to provide information to the corporation on a certain matter, such as a contractor, lawyer, engineer, etc.

A tenant could potentially be invited to attend a strata meeting on this basis, however, that would be at the discretion of the committee. If they agreed a tenant could attend a meeting, the tenant would have no voting rights and would not form part of the quorum unless the tenant was appointed as a proxy for the AGM.