This Regulation gives practical rules for how community land associations, their committees and managing agents run meetings (including electronic voting), manage finances (levies, budgets, payment plans), keep records, insure common property, limit certain by‑laws (occupancy, animals), and regulate facilities managers’ disclosures. It affects lot owners, committees, managing agents and suppliers by changing operational procedures, transparency and compliance costs and by allocating financial and governance risks through prescribed thresholds, reporting and penalty notices.
This Regulation prescribes detailed procedural, record-keeping, disclosure and financial rules to give effect to various provisions of the Community Land Management Act 2021 (the Act). Mechanically, it:
Commences 1 December 2021 (s 2).
Provides definitions used throughout the Regulation and cross-refers to definitions in the Act and the Interpretation Act (s 3).
Specifies who counts as a connected person for the Act’s conflict and related-party provisions (s 4).
Limits certain association functions so they may be delegated only to an association committee member or a managing agent, and identifies those functions (s 5).
Prescribes agenda and document requirements for the first annual general meeting of a neighbourhood association, including specific documents the original owner or lessor must supply (ss 6-7).
Regulates tenant representative nomination and vacation of office for neighbourhood committees, including convenor duties, notice timing and quorum (ss 8-9).
Sets out detailed rules for nominations, ballots and electronic voting for elections of association committees and committee officers, including pre-meeting electronic voting procedures, ballot paper content, storage and counting (ss 9A-17, 14-17).
Regulates electronic affixing of an association seal and requirements when a managing agent attests to an electronically affixed seal (ss 17A-17B).
Introduces a Part dedicated to facilities managers (Pt 3A) and imposes duties of disclosure, due diligence and pre-contract disclosure for persons who are, or seek to be, facilities managers (ss 17C-17H).
Prescribes rules about payment plans for unpaid contributions, including the form to be used, mandatory contents of a payment plan, prohibitions on fees for entering payment plans and response timings for associations (ss 17I-18B, 17J).
Current sections
Direct links to the current provisions in Community Land Management Regulation 2021.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
s 3: Am 2022 (557), Sch 1[1]; 2025 (505), Sch 2[1].
4
Connected persons—the Act, s 6(1)(f)
4 Connected persons—the Act, s 6(1)(f)
4 Connected persons—the Act, s 6(1)(f)
(1) A person that is a corporation (the principal person) is connected with another person if the other person—
(a) is a related body corporate or an associated entity of the principal person, or
(b) holds an executive position in a related body corporate or an associated entity of the principal person, or
(c) holds or will hold a relevant financial interest in the principal person and, because of that interest, is or will be able to exercise significant influence over or in relation to the management or operation of the principal person, or
(d) is or will be—
(i) entitled to exercise a relevant power, whether in the person’s own right or on behalf of another person, in the business of the principal person, and
(ii) because of that power—able to exercise significant influence over or in relation to the management or operation of the principal person.
(1A) A person (the principal person) is connected with another person if the other person is—
(a) the trustee of a trust of which the principal person is a beneficiary, or
(b) one or more of the following in relation to a trust of which the principal person is, or has at any time been, a trustee—
(i) a beneficiary,
(ii) a child, spouse or de facto partner of a beneficiary.
(2) In this section—
associated entity has the same meaning as in the Corporations Act 2001 of the Commonwealth.
relevant financial interest, in relation to a principal person, means—
(a) shares in the capital of the principal person, or
(b) an entitlement, whether arising at law, in equity or otherwise, to receive—
(i) income derived from a business carried on by the principal person, or
(ii) another financial benefit or financial advantage from the carrying on of the business.
relevant power means a power to participate in, or to elect or appoint a person to, a directorial, managerial or an executive position in the principal person, whether the power is exercisable—
(a) by voting or otherwise, and
(b) alone or in association with other powers.
s 4: Am 2024 No 65, Sch 4[1].
Part 2
Management of schemes
Part 2 Management of schemes
Part 2 Management of schemes
5
Functions that may only be delegated to association committee member or managing agent—the Act, s 11(1)(h)
5 Functions that may only be delegated to association committee member or managing agent—the Act, s 11(1)(h)
5 Functions that may only be delegated to association committee member or managing agent—the Act, s 11(1)(h)
The following functions of an association may be delegated to or conferred only on a member of the association committee or a managing agent—
(b) entering into contracts relating to the maintenance of association property or the provision of services to the association property, other than contracts relating to a parcel,
(c) arranging for inspections of records and other documents under the Act, section 173,
(d) giving certificates under the Act, section 174.
6
Agenda for first AGM—the Act, s 13(2)(o)
6 Agenda for first AGM—the Act, s 13(2)(o)
6 Agenda for first AGM—the Act, s 13(2)(o)
The agenda for the first annual general meeting of a neighbourhood association must, if a tenant representative has been nominated for the neighbourhood committee in accordance with the Act, section 36, include an item to receive the nomination.
s 6: Am 2025 No 14, Sch 3.1[1].
7
Documents and records to be provided to association at first AGM—the Act, s 14(1)(f)
7 Documents and records to be provided to association at first AGM—the Act, s 14(1)(f)
7 Documents and records to be provided to association at first AGM—the Act, s 14(1)(f)
(1) The following documents obtained or received by the original owner or lessor and relating to the scheme parcel, or to a building, plant or equipment on the parcel, are prescribed—
(a) if a building is required to be insured under the Act, Part 9, Division 1—a valuation of the building,
(b) maintenance and service manuals,
(c) all service agreements relating to the supply of gas, electricity or other utilities to the scheme parcel,
(d) copies of building contracts for the scheme parcel, including variations to the contracts,
(e) the most recent BASIX certificate for each building on the scheme parcel.
Tenant representatives on neighbourhood committees—the Act, s 36(5)
8 Tenant representatives on neighbourhood committees—the Act, s 36(5)
8 Tenant representatives on neighbourhood committees—the Act, s 36(5)
(1) A person (the convenor) who is entitled to convene an annual general meeting of a neighbourhood scheme that has tenants in at least half of the number of lots in the scheme must convene a meeting of eligible tenants (a tenants meeting) to nominate a person for the position of tenant representative on the neighbourhood committee.
(2) The convenor must, at least 14 days before the annual general meeting, give notice of the tenants meeting to each eligible tenant.
(3) The tenants meeting may be held before the annual general meeting, but may not be held earlier than 7 days after notice of the tenants meeting is given.
(4) Notice may be given—
(a) by causing a copy of the notice to be prominently displayed on a notice board required to be maintained by or under the by-laws on the association property, or
(b) by written notice given to each eligible tenant.
(5) The convenor, or a tenant elected by the eligible tenants present at the meeting, must chair the tenants meeting.
(6) An eligible tenant may, at the tenants meeting, propose themselves or propose another eligible tenant for nomination as the tenant representative.
(7) The tenant representative must be determined by majority vote of eligible tenants present at the tenants meeting.
(8) The quorum for the tenants meeting is 1 eligible tenant.
(9) The term of a tenant representative commences at the end of the annual general meeting at which the nomination is received.
(10) In this Part—
eligible tenant means a tenant notified in a tenancy notice given in accordance with the Act.
9
Vacation of office by tenant representatives of neighbourhood committees
9 Vacation of office by tenant representatives of neighbourhood committees
9 Vacation of office by tenant representatives of neighbourhood committees
(1) A tenant representative ceases to be a tenant representative—
(a) if the person ceases to be an eligible tenant, or
(b) on receipt by the secretary of the neighbourhood association from the person of written notice of the person’s resignation as the tenant representative, or
(c) at the end of the next meeting at which a new neighbourhood committee is elected by the neighbourhood association, or
(d) if the person dies.
(2) If a tenant representative ceases to be a tenant representative before the next meeting at which a new neighbourhood committee is elected, a further tenants meeting must be held under section 8 to nominate a tenant representative.
(3) The term of a replacement tenant representative is for the remainder of the term of the representative that the person replaces.
Division 2
Elections and voting
Division 2 Elections and voting
Division 2 Elections and voting
pt 3, div 2, hdg: Ins 2022 (557), Sch 1[3].
9A
Definition
9A Definition
9A Definition
In this Division—
pre-meeting electronic voting means voting on a matter by electronic means before the meeting at which the matter will be determined.
s 9A: Ins 2022 (557), Sch 1[3].
10
Election of association committees
10 Election of association committees
10 Election of association committees
(1) At a meeting of an association at which its association committee is elected, the chairperson must—
(a) announce the names of the candidates already nominated in writing for election to the association committee, and
(b) call for oral nominations of candidates eligible for election to the association committee.
(2) A written or oral nomination made for the purposes of the election is ineffective unless it is made by the nominee or supported by the consent of the nominee given—
(a) in writing, if the nominee is not present at the meeting, or
(b) orally, if the nominee is present at the meeting.
(3) After the chairperson declares that nominations have closed, the association must decide, in accordance with the Act, the number of members of its association committee.
(4) If the number of candidates is—
(a) the same as, or fewer than, the number of members—the candidates must be declared by the chairperson to be, and are taken to have been, elected as the association committee, or
(b) greater than the number of members—a ballot must be held.
11
Ballot for association committees
11 Ballot for association committees
11 Ballot for association committees
(1) If a ballot for membership of the association committee of an association is required, the person presiding at the meeting of the association must—
(a) announce to the meeting the name of each candidate, and
(b) provide each person present and entitled to vote at the meeting with a blank ballot paper for each vote the person is entitled to cast.
(2) For a vote to be valid, a ballot paper must be signed by the voter and completed by the voter’s writing on it—
(a) the names of the candidates, without repeating a name, for whom the voter desires to vote, the number of names written being no more than the number determined by the association as the number of members of its association committee, and
(b) the capacity in which the voter is exercising a right to vote, whether—
(i) as owner, first mortgagee or covenant chargee of a specified lot, or
(ii) as a company nominee, or
(iii) by proxy, and
(c) if the vote is being cast by proxy—the name and capacity of the person who gave the proxy.
(3) The completed ballot paper must be returned to the chairperson.
(3A) For the Act, section 233(2)(i), the ballot paper—
(a) may be provided or delivered by electronic means specified in the notice given under section 14(a) in relation to the meeting, and
(b) if the ballot paper is provided or delivered by electronic means—must be returned to the chairperson in a way specified in the notice given under section 14(a) in relation to the meeting.
Note—
See the Act, Schedules 1 and 2, and this Regulation, section 14, in relation to notices for meetings.
(4) Until all places for membership of the association committee have been filled, the chairperson must declare elected successively each candidate who has a greater number of votes than all other candidates who have not been elected.
(5) If only 1 place remains to be filled and there are 2 or more eligible candidates with an equal number of votes, the candidate to fill the place must be decided by a show of hands of the persons present and entitled to vote.
(6) For subsection (5), a person is taken to vote by a show of hands on a matter at a meeting if—
(a) the notice for the meeting specified voting by electronic means while participating in the meeting as a way of voting at the meeting, and
Note—
See the Act, Schedule 1, clause 27(3) and this Regulation, section 14(a).
(b) the person uses the electronic means to indicate the voter’s choice on the matter while participating in the meeting.
s 11: Am 2022 (557), Sch 1[4]—[6].
12
Nominations for officers of association committees
12 Nominations for officers of association committees
12 Nominations for officers of association committees
(1) The written notice of the first meeting of an association committee after the appointment of the committee must include a call for nominations for chairperson, secretary and treasurer of the committee.
(2) A person who is a member of the association committee may nominate another member for election as any or all of chairperson, secretary or treasurer of the committee.
(2A) A nomination must be made by written notice or orally at the meeting in accordance with this section, or the nomination is ineffective.
(3) A nomination made by written notice must be given to the person convening the meeting, stating the name of—
(a) the person nominated, and
(b) the person making the nomination and that the person nominated consents to the nomination.
(4) The person convening the meeting must—
(a) include, in the notice of the meeting at which the election will take place, nominations, if any, received before the notice is given, and
(b) give notice at the meeting of nominations, if any, received by the convenor after the notice is given.
(5) A nomination may be made at any time before the election is held and may be made at the meeting.
(5A) For an oral nomination—
(a) the nomination must be made at the meeting, and
(b) the person nominated must—
(i) be present at the meeting, and
(ii) consent to the nomination.
(6) If a ballot for the election of a person as chairperson, secretary or treasurer of the committee is required, the election must be conducted by a show of hands of the persons present at the meeting and entitled to vote.
(7) For subsection (6), a person is taken to vote by a show of hands on a matter at a meeting if—
(a) the notice for the meeting specified voting by electronic means while participating in the meeting as a way of voting at the meeting, and
Note—
See the Act, Schedule 2, clause 8(3) and this Regulation, section 14(a).
(b) the person uses the electronic means to indicate the voter’s choice on the matter while participating in the meeting.
s 12: Am 2022 (557), Sch 1[7]—[11].
13
Priority votes in relation to associations—the Act, Schedule 1, clause 23(2)(b)
13 Priority votes in relation to associations—the Act, Schedule 1, clause 23(2)(b)
13 Priority votes in relation to associations—the Act, Schedule 1, clause 23(2)(b)
A priority vote may be cast on a motion if the motion would require expenditure that is more than an amount calculated by multiplying $1,000 by the number of lots in the scheme.
14
Ways of voting
14 Ways of voting
14 Ways of voting
For the Act, Schedule 1, clause 27(3) and Schedule 2, clause 8(3), a notice for a meeting of an association or association committee may specify one or more of the following ways of voting—
(a) voting by electronic means while participating in the meeting,
(b) if the association has, by resolution, adopted pre-meeting electronic voting as a way of voting—pre-meeting electronic voting for a meeting of the association,
(c) if the association committee has, by resolution, adopted pre-meeting electronic voting as a way of voting—pre-meeting electronic voting for a meeting of the association committee.
s 14: Subst 2022 (557), Sch 1[12].
14A
Pre-meeting electronic voting
14A Pre-meeting electronic voting
14A Pre-meeting electronic voting
For the Act, Schedule 1, clause 27(3) and Schedule 2, clause 8(3), the following applies in relation to voting by pre-meeting electronic voting—
(a) an election must not be determined by pre-meeting electronic voting,
(b) for a matter that may be determined partly by pre-meeting electronic voting, the notice of the meeting must include a statement that—
(i) the relevant motion may be amended by a further motion given at the meeting after the pre-meeting electronic voting takes place, and
(ii) consequently, the pre-meeting vote may have no effect,
(c) a motion that is to be determined wholly by pre-meeting electronic voting must not be amended at the meeting for which the pre-meeting electronic voting was conducted,
(d) a motion that is to be determined partly by pre-meeting electronic voting may be amended at the meeting for which the pre-meeting electronic voting was conducted but only if the amendment does not change the subject matter of the motion,
(e) if a motion that is to be determined partly by pre-meeting electronic voting is amended at the meeting for which the pre-meeting electronic voting has been conducted, the minutes of the meeting distributed to members must be accompanied by—
(i) notice of the change, and
(ii) a statement setting out the power to make a qualified request for a further meeting under the Act, section 17.
s 14A: Ins 2022 (557), Sch 1[12].
14B
Reasonable steps
14B Reasonable steps
14B Reasonable steps
For the Act, Schedule 1, clause 27(3)(e) and Schedule 2, clause 8(3)(e), the following may constitute reasonable steps—
(a) providing clear and accessible instructions about how to participate in and vote at a meeting,
(b) providing multiple ways for a person entitled to vote at a meeting to participate in and vote at the meeting, including ways that do not require the person to access the internet or incur unreasonable expenses,
(c) using technology that is reasonably accessible to a person entitled to vote at a meeting, including technology that does not require unreasonable costs to be paid by the person.
s 14B: Ins 2022 (557), Sch 1[12].
15
Electronic ballot paper for pre-meeting electronic voting
15 Electronic ballot paper for pre-meeting electronic voting
15 Electronic ballot paper for pre-meeting electronic voting
(1) This section applies to a ballot for determination of a matter by an association or association committee that will be conducted by pre-meeting electronic voting.
(2) The secretary of the association must ensure that the form for the electronic ballot paper contains—
(a) instructions for completing the ballot paper, and
(b) the question to be determined, and
(c) the means of indicating the voter’s choice on the question to be determined.
(3) The secretary of the association must, at least 7 days before the meeting at which the matter will be determined, give each person entitled to vote—
(a) access to an electronic ballot paper that complies with this section, and
(b) access to information about—
(i) how the ballot paper must be completed, and
(ii) the closing date of the ballot, and
(iii) if voting is by email, the address where the ballot paper must be returned, and
(iv) if voting is by other electronic means, the means of accessing the electronic voting system and how the completed electronic ballot paper must be sent to the secretary, and
(c) access to an electronic form of declaration requiring the voter to state—
(i) the voter’s name, and
(ii) the capacity in which the voter is entitled to vote, and
(iii) for a matter that requires a special resolution, the voter’s unit entitlement, and
(iv) if the vote is a proxy vote, the name and capacity of the person who gave the proxy.
(4) Each person entitled to vote must vote in accordance with the instructions contained in the information.
(5) If the ballot is a secret ballot, the secretary of the association must ensure that—
(a) the identity of the voter cannot be ascertained from the form of the electronic ballot paper, and
(b) the declaration by the voter is dealt with so that it is not capable of being used to identify the voter.
(6) An electronic ballot paper and the form of declaration must be sent to the secretary of the association no later than the close of the ballot.
(7) The secretary of the association must ensure that all electronic ballot papers are stored securely until the counting of the votes begins.
(8) In this section, close of the ballot means—
(a) for a matter determined by the association—the time that is 24 hours before the commencement of the meeting at which the matter will be determined, or
(b) for a matter determined by an association committee—immediately before the commencement of the meeting at which the matter will be determined.
16
Informal votes in pre-meeting electronic voting
16 Informal votes in pre-meeting electronic voting
16 Informal votes in pre-meeting electronic voting
(1) A ballot paper of a voter who votes by pre-meeting electronic voting is informal if the voter has failed to record a vote in accordance with the information provided by the secretary of the association.
(2) If voting is carried out by pre-meeting electronic voting using a voting website or other electronic application, the website or application must provide a warning message to a person casting an informal vote that the proposed vote is informal.
s 16: Am 2022 (557), Sch 1[13].
17
Ascertaining result of pre-meeting electronic voting
17 Ascertaining result of pre-meeting electronic voting
17 Ascertaining result of pre-meeting electronic voting
(1) As soon as practicable after the close of a ballot conducted by pre-meeting electronic voting, the secretary of the association must—
(a) review all information and reports about the electronic ballot, and
(b) reject as informal the votes, if any, that do not comply with the requirements of this Regulation, and
(c) ascertain the result of the electronic ballot.
(2) The secretary of the association must, at the meeting to consider the matter for which the pre-meeting electronic voting was held, inform the persons present of the result of the ballot.
17A
Electronic affixing of seal of association
17A Electronic affixing of seal of association
17A Electronic affixing of seal of association
(1) For the Act, section 235(7), if an association has only 1 member, the association’s seal must not be affixed electronically to an instrument except in the presence of—
(a) the member, or
(b) if there is a managing agent of the association—the managing agent.
(2) If an association has only 2 members, the association’s seal must not be affixed electronically to an instrument except in the presence of—
(a) both members, or
(b) if there is a managing agent of the association—the managing agent.
(3) If an association has more than 2 members, the association’s seal must not be affixed electronically to an instrument except in the presence of—
(a) if, for the purposes of this subsection, the association has nominated 2 members of the association or association committee—the nominated members, or
(b) if the association has not made a nomination referred to in paragraph (a)—
(i) the association’s secretary, and
(ii) another member of the association committee, or
(c) if there is a managing agent of the association—the managing agent.
(4) In this section—
instrument includes a document.
s 17A: Ins 2022 (557), Sch 1[14].
17B
Requirements for managing agent for seal affixed electronically
17B Requirements for managing agent for seal affixed electronically
17B Requirements for managing agent for seal affixed electronically
(1) For the Act, section 235(7), if the association’s seal is affixed electronically in the presence of a managing agent under section 17A, the managing agent must attest to the fact and date of the affixing of the seal—
(a) by the managing agent’s signature, or
(b) if the managing agent is a corporation—by the signature of—
(i) the president, chairperson or other principal officer of the corporation, or
(ii) a staff member of the corporation who is authorised by the president, chairperson or other principal officer to attest to the fact and date of the affixing of the seal.
(2) The requirement for a signature under subsection (1) is taken to have been met in relation to an electronic communication if—
(a) a method is used to identify the person and to indicate the person’s intention in respect of the information communicated, and
(b) the method used was either—
(i) as reliable as appropriate for the purpose for which the electronic communication was generated or communicated, in the light of all the circumstances, including any relevant agreement, or
(ii) proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence, and
(c) the person to whom the signature is required to be given consents to that requirement being met by way of the use of the method mentioned in paragraph (a).
(3) In this section—
consent includes consent that can reasonably be inferred from the conduct of the person concerned, but does not include consent given subject to conditions unless the conditions are complied with.
electronic communication means—
(a) a communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both, or
(b) a communication of information in the form of sound by means of guided or unguided electromagnetic energy, or both, where the sound is processed at its destination by an automated voice recognition system.
information means information in the form of data, text, images or sound.
s 17B: Ins 2022 (557), Sch 1[14].
Part 3A
Facilities managers
Part 3A Facilities managers
Part 3A Facilities managers
pt 3A: Ins 2025 (505), Sch 2[2].
17C
Definition
17C Definition
17C Definition
In this part—
benefit includes a referral fee, commission or a direct or indirect benefit.
s 17C: Ins 2025 (505), Sch 2[2].
17D
Persons who are not facilities managers—the Act, s 70(2)(b)
17D Persons who are not facilities managers—the Act, s 70(2)(b)
17D Persons who are not facilities managers—the Act, s 70(2)(b)
A person who meets all of the following criteria is not a facilities manager for a scheme—
(a) the person is engaged solely to carry out one or more repair or maintenance services in relation to the association property of the scheme,
(b) the terms of the person’s engagement are solely limited to carrying out the repair or maintenance service or services and do not include duties relating to—
(i) managing the association property, or
(ii) controlling the use of the association property by persons other than the owners and occupiers of lots, or
(iii) managing the overall maintenance and repair of association property,
(c) the person has not been appointed as a facilities manager under a facilities manager agreement.
Examples of repair or maintenance services—
plumbing services, electrical services, elevator maintenance, cleaning and gardening
s 17D: Ins 2025 (505), Sch 2[2].
17E
Duty—maintenance, repair or safety problem—the Act, s 74A(3)
17E Duty—maintenance, repair or safety problem—the Act, s 74A(3)
17E Duty—maintenance, repair or safety problem—the Act, s 74A(3)
A facilities manager for a scheme must act with due diligence and promptly—
(a) bring to the attention of the association any maintenance, repair or safety problem with the association property of which the facilities manager is aware, and
(b) propose how the problem should be addressed.
s 17E: Ins 2025 (505), Sch 2[2].
17F
Duty—disclosures about contracts—the Act, s 74A(3)
17F Duty—disclosures about contracts—the Act, s 74A(3)
17F Duty—disclosures about contracts—the Act, s 74A(3)
A facilities manager for a scheme, when proposing a contract for the purchase of goods or services to the association, must give written notice to the association about—
(a) if the facilities manager may receive a benefit in relation to the proposed contract—
(i) the person who will provide the benefit, and
(ii) the monetary value of the benefit or the method of calculating the monetary value, and
(b) if the person seeking to enter into the contract with the association is connected with the facilities manager—the nature of the relationship between the facilities manager and the person.
s 17F: Ins 2025 (505), Sch 2[2].
17G
Duty—disclosure about relationships and pecuniary interests—the Act, s 74A(3)
17G Duty—disclosure about relationships and pecuniary interests—the Act, s 74A(3)
17G Duty—disclosure about relationships and pecuniary interests—the Act, s 74A(3)
A facilities manager for a scheme must, as soon as practicable, give written notice to the association about the following—
(a) if a supplier of goods or services for the scheme is connected with the facilities manager—
(i) the goods and services provided by the supplier, and
(ii) the nature of the relationship between the facilities manager and the supplier,
(b) if the original owner of the scheme is connected with the facilities manager—the nature of the relationship between the facilities manager and the original owner,
(c) if the facilities manager has a direct or indirect pecuniary interest in the scheme—the nature of the pecuniary interest.
s 17G: Ins 2025 (505), Sch 2[2].
17H
Disclosure by potential facilities managers—the Act, s 75(2)(e)
17H Disclosure by potential facilities managers—the Act, s 75(2)(e)
17H Disclosure by potential facilities managers—the Act, s 75(2)(e)
A person must give written notice to an association for a scheme if—
(a) the association is considering a facilities manager agreement under which the person may be appointed as the facilities manager, and
(b) the person may receive a benefit in relation to the fees charged under the agreement.
s 17H: Ins 2025 (505), Sch 2[2].
Part 4
Financial management
Part 4 Financial management
Part 4 Financial management
17I
Reasonable refusal of payment plan for overdue contributions—the Act, s 90(5B)
17I Reasonable refusal of payment plan for overdue contributions—the Act, s 90(5B)
17I Reasonable refusal of payment plan for overdue contributions—the Act, s 90(5B)
(1) A refusal by an association of a request for a payment plan is reasonable if entering into the proposed payment plan would cause insufficient funds to be in—
(a) the capital works fund, or
(b) the administrative fund.
(2) In this section—
insufficient funds, for a fund, means—
(a) the fund would be in deficit, or
(b) there would be insufficient funds in the fund to comply with—
(i) an undertaking accepted by the Secretary under the Act, section 177T(3), or
(ii) a compliance notice given by the Secretary under the Act, section 177(1), or
(iii) an order made under the Act or another Act, or
(c) for the capital works fund—there would be insufficient funds to enable the owners corporation to comply with its duty under the Act, section 109 to maintain and repair association property and any personal property vested in the association, or
(d) for the administrative fund—there would be insufficient funds to pay expenses.
s 17I: Ins 2025 (505), Sch 2[3].
17J
Request for payment plan for overdue contributions—the Act, s 90(7)
17J Request for payment plan for overdue contributions—the Act, s 90(7)
17J Request for payment plan for overdue contributions—the Act, s 90(7)
(1) The document entitled Request for payment plan for overdue contributions published in Government Gazette No 351 of 29 August 2025 is prescribed as the form for a request by an owner to an association for a payment plan for the payment of overdue contributions.
(2) The association must not ask the owner to give information or evidence in support of a request other than the information set out in the prescribed form.
s 17J: Ins 2025 (505), Sch 2[3].
18
Payment plans for unpaid contributions—the Act, s 90(7)
18 Payment plans for unpaid contributions—the Act, s 90(7)
18 Payment plans for unpaid contributions—the Act, s 90(7)
(1) A payment plan for the payment of overdue contributions must be in writing and must contain the following—
(a) the name of the member of the association and the title details of the lot,
(b) the address for service of the member,
(c) the amount of the overdue contributions,
(d) the amount of the interest payable for the overdue contributions and the way in which it is calculated,
(e) the schedule of payments for the amounts owing and the period for which the plan applies,
(f) the way in which the payments must be made,
(g) contact details for a member of the association committee or a managing agent who is to be responsible for matters arising in relation to the payment plan,
(h) a statement that a further plan may be agreed to by the association by resolution,
(i) the date the payment plan was agreed to.
(2) The association committee must, at the request of a member of the association who has entered into a payment plan, give the member a written statement of the plan—
(a) for each calendar month, or a longer period specified by the member, and
(b) setting out the payments made during the month or period and the amount of unpaid contributions, including the interest owing.
s 18: Am 2025 (505), Sch 2[4].
18A
Payment plan fee prohibited—the Act, s 90(7)
18A Payment plan fee prohibited—the Act, s 90(7)
18A Payment plan fee prohibited—the Act, s 90(7)
An association must not require an owner to pay a fee or other charge relating to the following—
(a) making a request to enter into a payment plan,
(b) entering into a payment plan,
(c) participating in a payment plan.
s 18A: Ins 2025 (505), Sch 2[5].
18B
Response to request for payment plan—the Act, s 90(7)
18B Response to request for payment plan—the Act, s 90(7)
18B Response to request for payment plan—the Act, s 90(7)
(1) An association must, within 28 days after receiving a completed request form from an owner for a payment plan for unpaid contributions, give a written response to an owner.
(2) If the request is refused, the response must include the reasons for the refusal, including an explanation of how the reasons apply in the particular case.
s 18B: Ins 2025 (505), Sch 2[5].
19
Notice of recovery action for unpaid contributions, interest or expenses—the Act, s 91(6)(c)
19 Notice of recovery action for unpaid contributions, interest or expenses—the Act, s 91(6)(c)
19 Notice of recovery action for unpaid contributions, interest or expenses—the Act, s 91(6)(c)
A notice of proposed action to recover an amount of contributions, interest or expenses must include the following—
(a) the date the amount was due to be paid,
(b) the way in which the amount may be paid,
(c) whether a payment plan may be entered into,
(d) other action that may be taken to arrange for payment of the amount.
20
Calculation of annual budget—the Act, s 99(4)
20 Calculation of annual budget—the Act, s 99(4)
20 Calculation of annual budget—the Act, s 99(4)
The amount of the annual budget must be the sum of the following—
(a) the amount of contributions levied for the relevant year, whether or not they have been paid,
(b) income of the association from other sources,
(c) other amounts held by the association for the association.
21
Accounting records—the Act, s 100(4)
21 Accounting records—the Act, s 100(4)
21 Accounting records—the Act, s 100(4)
The following accounting records are required to be kept—
(a) receipts consecutively numbered,
(b) a statement of deposits and withdrawals for the account of the association,
(c) a cash record,
(d) a levy register.
22
Levy register
22 Levy register
22 Levy register
(1) The levy register for a fund must include a separate section—
(a) for a register kept by a community association—for each development lot and former development lot, if any, in the community scheme, or
(b) for a register kept by a precinct association—for each development lot and former development lot, if any, in the precinct scheme, or
(c) for a register kept by a neighbourhood association—for each neighbourhood lot in the neighbourhood scheme.
(2) Each section must specify, by appropriate entries, the following matters in relation to each contribution levied by the association and must indicate whether the entries are debits or credits and the balances for the entries—
(a) the date on which the contribution is due and payable,
(b) the type of contribution and the period in relation to which it is to be made,
(c) the amount of the contribution levied shown as a debit,
(d) the amount of each payment shown as a credit,
(e) the date on which each payment is made,
(f) whether a payment was made in cash, by cheque or in another specified way,
(g) whether an amount paid comprised full or part payment,
(h) the balance of the account,
(i) details of a discount given, if any, for early payment.
23
Receipts—the Act, s 101(2)
23 Receipts—the Act, s 101(2)
23 Receipts—the Act, s 101(2)
Each receipt issued by the treasurer of the association must include the following—
(a) the date of issue of the receipt,
(b) the amount of money received,
(c) the form, being cash, cheque, postal order or other, in which the money was received,
(d) the name of the person on whose behalf the payment was made,
(e) if the payment is for a contribution to the administrative or capital works fund—
(i) a statement that the payment was made for that contribution, and
(ii) the lot number for which the contribution was made, and
(iii) the period for which the payment is made, if relevant, and
(iv) details of the discount given, if any, for early payment,
(f) if the payment is not a payment referred to in paragraph (e)—particulars of the transaction for which the payment is received,
(g) if the payment is received for more than 1 transaction—the way in which the payment is apportioned between transactions.
23A
Limits on spending by associations
23A Limits on spending by associations
23A Limits on spending by associations
For the Act, section 105A(1), the prescribed amount is $30,000.
s 23A: Ins 2023 No 45, Sch 5.2[1].
24
Approval for legal services costs—the Act, s 106
24 Approval for legal services costs—the Act, s 106
24 Approval for legal services costs—the Act, s 106
(1) For the purposes of the Act, section 106(2)(b), the prescribed amount is $15,000.
(2) For the purposes of the Act, section 106(3)(c), approval is not required to take other legal action if—
(a) the matter is not urgent, and
(b) the cost of the legal services is not more than $3,000.
Part 5
Property management
Part 5 Property management
Part 5 Property management
25
Initial maintenance schedule—the Act, s 115(2)
25 Initial maintenance schedule—the Act, s 115(2)
25 Initial maintenance schedule—the Act, s 115(2)
The document entitled Initial maintenance schedule published in Government Gazette No 351 of 29 August 2025 is prescribed as the form for an initial maintenance schedule.
s 25: Subst 2025 (505), Sch 2[6].
Part 6
Management statements and by-laws for associations
Part 6 Management statements and by-laws for associations
Part 6 Management statements and by-laws for associations
26
Exception to occupancy limits—the Act, s 129(3)(b)
26 Exception to occupancy limits—the Act, s 129(3)(b)
26 Exception to occupancy limits—the Act, s 129(3)(b)
(1) A by-law that limits the number of adults who may reside in a lot has no effect if all of the adults who reside in the lot are related to each other.
(2) In this section, a person is related to another person who resides in a lot if—
(a) the person is a relative of the other person, or
(b) the person is a relative of the other person’s spouse or de facto partner or former spouse or de facto partner, or
(c) the person is the spouse or de facto partner of the other person, or
(d) the person is the carer of, or is cared for by, the other person, or
(e) if the person is an Aboriginal person or a Torres Strait Islander—the person is, or has been, part of the extended family or kin of the other person according to the indigenous kinship system of the person’s culture.
(3) In this section—
relative means a parent, guardian, grandparent, son, daughter, grandchild, brother, sister, uncle, aunt, niece, nephew or cousin.
26A
Keeping of animals—circumstances of unreasonable interference—the Act, s 129A(3)
26A Keeping of animals—circumstances of unreasonable interference—the Act, s 129A(3)
26A Keeping of animals—circumstances of unreasonable interference—the Act, s 129A(3)
The following are specified as circumstances in which the keeping of an animal unreasonably interferes with another occupant’s use and enjoyment of the occupant’s lot or association property—
(a) the animal makes a noise that persistently occurs to the degree that the noise unreasonably interferes with the peace, comfort or convenience of another occupant,
(b) the animal repeatedly runs at or chases another occupant, a visitor of another occupant or an animal kept by another occupant,
(c) the animal attacks or otherwise menaces another occupant, a visitor of another occupant or an animal kept by another occupant,
(d) the animal repeatedly causes damage to association property or another lot,
(e) the animal endangers the health of another occupant through infection or infestation,
(f) the animal causes a persistent offensive odour that penetrates association property or another lot,
(g) for a cat kept on a lot—the owner of the animal fails to comply with an order that is in force under the Companion Animals Act 1998, section 31,
(h) for a dog kept on a lot—
(i) the owner of the animal fails to comply with an order that is in force under the Companion Animals Act 1998, section 32A, or
(ii) the animal is declared to be a dangerous dog or a menacing dog under the Companion Animals Act 1998, section 34, or
(iii) the animal is a restricted dog within the meaning of the Companion Animals Act 1998, section 55(1).
s 26A: Ins 2024 (543), Sch 1.
26B
Restrictions on by-laws—evidence animal is assistance animal
26B Restrictions on by-laws—evidence animal is assistance animal
26B Restrictions on by-laws—evidence animal is assistance animal
For the Act, section 130A(2A)(c), the forms of evidence are the following—
(a) an assistance animal identity card, pass or permit from an assistance animal training organisation,
(b) a document as evidence that the animal has completed a training program that meets the standards of Assistance Dogs International,
(c) a document as evidence that the animal has been accepted as an assistance animal by a government agency in Australia,
Examples of documents—
a government-issued access card, transport pass or permit
(d) a document issued by a local council recognising the animal as an assistance animal,
(e) an assistance dog badge, medallion, harness, cape, coat or vest supplied for the animal by an assistance dog training organisation,
(f) a written statement that the animal is an assistance animal from a registered health practitioner, within the meaning of the Health Practitioner Regulation National Law (NSW), but only if the health practitioner is registered under that Law, Part 7, Division 1 or 2.
s 26B: Ins 2025 No 14, Sch 3.1[2].
Part 7
Insurance
Part 7 Insurance
Part 7 Insurance
27
Approved insurers
27 Approved insurers
27 Approved insurers
(1) For the purposes of the Act, Dictionary, definition of approved insurer, paragraph (b), a Lloyd’s underwriter authorised to carry on insurance business, or exempted from authorisation, under the Insurance Act 1973 of the Commonwealth is an approved insurer.
(2) In this section—
Lloyd’s underwriter has the same meaning as in the Insurance Act 1973 of the Commonwealth.
28
Calculating insurance limit under damage policy—the Act, s 149(a)
28 Calculating insurance limit under damage policy—the Act, s 149(a)
28 Calculating insurance limit under damage policy—the Act, s 149(a)
(1) The minimum amount for which a building must be insured is an amount not less than the sum of the following amounts—
(a) the estimated cost, as at the date of commencement of the damage policy, of—
(i) carrying out the work that a damage policy is required to provide for under the Act, section 149, and
(ii) making the payments that a damage policy is required to provide for under the Act, section 149,
(b) the estimated amount by which the estimated cost may increase during the period of 24 months following the date of commencement of the damage policy.
(2) The amounts referred to in subsection (1)(a) and (b) must include taxes, fees and charges, including taxes, fees and charges of the Commonwealth, if any.
29
Qualifications of person making valuations—the Act, s 150(2)
29 Qualifications of person making valuations—the Act, s 150(2)
29 Qualifications of person making valuations—the Act, s 150(2)
The qualifications referred to in the Community Land Development Act 2021, Dictionary, definition of qualified valuer, paragraphs (a)–(d) are prescribed.
30
Insurance amount—the Act, s 152(2)
30 Insurance amount—the Act, s 152(2)
30 Insurance amount—the Act, s 152(2)
The insurance amount is—
(a) for the Act, section 152(1)(b)—at least $20,000,000 for each event for which a claim may be made, or
(b) otherwise—the amount determined by resolution of the association.
Part 8
Records and information about association schemes
Part 8 Records and information about association schemes
Part 8 Records and information about association schemes
31
Electronic voting records—the Act, s 169
31 Electronic voting records—the Act, s 169
31 Electronic voting records—the Act, s 169
(1) The period for which an association is required to keep voting papers, records and other documents referred to in the Act, section 169(a)–(j), is 13 months if the voting papers or records relate to secret ballots.
(2) For the purposes of the Act, section 169(j), records relating to electronic voting for motions for resolutions by an association must be kept by the association.
32
Inspection of records—the Act, s 172(l)
32 Inspection of records—the Act, s 172(l)
32 Inspection of records—the Act, s 172(l)
The association must make available for inspection the accounting records and other records relating to the association scheme that are kept by the managing agent.
Part 9
Alternative dispute resolution—the Act, s 180
Part 9 Alternative dispute resolution—the Act, s 180
Part 9 Alternative dispute resolution—the Act, s 180
33
Application of Part
33 Application of Part
33 Application of Part
This Part applies to a mediation conducted under the Act, section 180.
34
Directions of Secretary
34 Directions of Secretary
34 Directions of Secretary
Subject to this Regulation, the Secretary may give written directions for regulating and prescribing the practice and procedure to be followed in connection with a mediation session, including the preparation and service of documents.
35
Attendance and representation
35 Attendance and representation
35 Attendance and representation
(1) A mediation session must be attended by each party or a representative of the party if all other parties consent to the representation.
(2) Other persons may attend a mediation session with the leave of the mediator.
36
Costs
36 Costs
36 Costs
The parties to a mediation must pay their own costs associated with the mediation.
37
Termination
37 Termination
37 Termination
(1) A mediator may terminate a mediation at any time.
(2) A party may terminate a mediation at any time by giving notice of the termination to the mediator and each other party.
Part 10
Miscellaneous
Part 10 Miscellaneous
Part 10 Miscellaneous
38
Limit for gifts to managing agents—the Act, s 61
38 Limit for gifts to managing agents—the Act, s 61
38 Limit for gifts to managing agents—the Act, s 61
For the purposes of the Act, section 61(3)(c), the prescribed amount is $60.
39
Fees—the Act, s 171(2)
39 Fees—the Act, s 171(2)
39 Fees—the Act, s 171(2)
For the purposes of the Act, section 171(2), the fees payable are set out in Schedule 1.
40
Penalty notice offences and penalties—the Act, s 210
40 Penalty notice offences and penalties—the Act, s 210
40 Penalty notice offences and penalties—the Act, s 210
(1) For the purposes of the Act, section 210—
(a) each offence created by a provision specified in Schedule 2, Column 1 is an offence for which a penalty notice may be served, and
(b) the penalty prescribed for each offence is the amount specified opposite the provision in—
(i) for an individual—Schedule 2, Column 2, or
(ii) for a corporation—Schedule 2, Column 3.
(2) If the reference to a provision in Schedule 2, Column 1 is qualified by words that restrict its operation to specified kinds of offences, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or committed in the circumstances so specified.
41
Seals of associations—savings provision
41 Seals of associations—savings provision
41 Seals of associations—savings provision
The seal of an association in existence before the commencement of this section may continue to be used as its seal for the purposes of the Act or another purpose, unless replaced by the association.
42
Time within which first AGM must be held—transitional arrangement
42 Time within which first AGM must be held—transitional arrangement
42 Time within which first AGM must be held—transitional arrangement
(1) This section applies to an original owner if the relevant initial period expires during the transition period.
(2) An original owner is not required to comply with the Act, section 12(1) during the transition period, and does not commit an offence against the Act or this Regulation because of the non-compliance, if the original owner instead complies with subclause (3).
(3) The original owner must convene and hold a general meeting of the association, in accordance with the Act and this Regulation, by 1 June 2022.
(4) In this section—
transition period means the period commencing on 1 December 2021 and ending on 1 April 2022.
(a) before 30 September 2022, the secretary of an association or association committee complied with the requirements under section 15(3) in relation to a ballot for determination of a matter by the association or association committee that will be conducted by pre-meeting electronic voting, and
(b) the meeting at which the matter is to be determined has not been held before that date.
(2) Despite section 14(b) and (c), the requirement that the association or association committee adopt, by resolution, pre-meeting electronic voting as a way of voting does not apply to the meeting at which the matter is to be determined.
s 43: Ins 2021 (718), Sch 1. Rep 2021 (601), sec 46. Ins 2022 (263), Sch 1. Rep 2021 (601), sec 45.
s 44: Ins 2021 (718), Sch 1. Rep 2021 (601), sec 46. Ins 2022 (263), Sch 1. Rep 2021 (601), sec 45.
s 45: Ins 2021 (718), Sch 1. Rep 2021 (601), sec 46. Ins 2022 (263), Sch 1. Rep 2021 (601), sec 45.
s 46: Ins 2021 (718), Sch 1. Rep 2021 (601), sec 46.
Schedule 1
Fees
Schedule 1 Fees
Schedule 1 Fees
section 39
| Item | Type of fee | Fee |
| | Fees payable to association |
| 1 | For making records available for inspection under the Act, section 171, including GST— | |
| | (a) to an owner or mortgagee of a lot or the association or strata corporation constituted under the subsidiary scheme for a subsidiary scheme— | |
| | (i) for the first hour, | $31 |
| | (ii) for each half-hour or part of half-hour after the first hour | $16 |
| | (b) to a person authorised by an owner or mortgagee of a lot or to a person authorised by the association or strata corporation constituted under the subsidiary scheme for a subsidiary scheme— | |
| | (i) for the first hour, | $60 |
| | (ii) for each half-hour or part of half-hour after the first hour | $30 |
| 2 | For giving a certificate under the Act, section 171— | |
| | (a) if the request is an initial request or request made more than 3 months after a previous request by the same person for the same lot | $109 |
| | (b) if the request is made not more than 3 months after a previous request by the same person for the same lot | $94 |
sch 2: Am 2023 No 45, Sch 5.2[2]; 2024 No 65, Sch 4[2] [3]; 2025 No 14, Sch 3.1[4]; 2025 (505), Sch 2[7].
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Regulation
1 Name of Regulation
1 Name of Regulation
This Regulation is the Community Land Management Regulation 2021.
2 Commencement
2 Commencement
2 Commencement
This Regulation commences on 1 December 2021.
3 Definitions
3 Definitions
3 Definitions
In this Regulation—
benefit, for Part 3A—see section 17C.
close of the ballot—see section 15(8).
eligible tenant, for Part 3—see section 8(10).
pre-meeting electronic voting, for Part 3, Division 2—see section 9A.
the Act means the Community Land Management Act 2021.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
s 3: Am 2022 (557), Sch 1[1]; 2025 (505), Sch 2[1].
4 Connected persons—the Act, s 6(1)(f)
4 Connected persons—the Act, s 6(1)(f)
4 Connected persons—the Act, s 6(1)(f)
(1) A person that is a corporation (the principal person) is connected with another person if the other person—
(a) is a related body corporate or an associated entity of the principal person, or
(b) holds an executive position in a related body corporate or an associated entity of the principal person, or
(c) holds or will hold a relevant financial interest in the principal person and, because of that interest, is or will be able to exercise significant influence over or in relation to the management or operation of the principal person, or
(d) is or will be—
(i) entitled to exercise a relevant power, whether in the person’s own right or on behalf of another person, in the business of the principal person, and
(ii) because of that power—able to exercise significant influence over or in relation to the management or operation of the principal person.
Prescribes notice content for recovery action for unpaid contributions (s 19); the method for calculating the annual budget (s 20); required accounting records and mandatory contents of levy registers and receipts (ss 21-23); spending and legal cost approval thresholds (ss 23A-24).
Prescribes by-law limits and exceptions, including occupancy limits where all adults in a lot are related, and specified circumstances in which keeping an animal is an unreasonable interference, together with permitted evidence that an animal is an assistance animal (ss 26, 26A-26B).
Prescribes minimum insurance valuation methodology and amounts for buildings and other insurance amounts (ss 27-30).
Sets retention periods for electronic voting records and requires the managing agent’s records to be made available for inspection (ss 31-32).
Regulates mediation practice and attendance, and the parties’ costs in mediations under the Act (ss 33-37).
Prescribes a monetary limit for gifts to managing agents ($60) and fees payable to associations for inspection and certificates (s 38; Schedule 1).
Declares which offences may be the subject of a penalty notice and the monetary amounts for individuals and corporations (s 40; Schedule 2).
Creates several transitional provisions including a transitional timing allowance for original owners to hold their first AGM and an interim rule for pre-meeting electronic voting (ss 42-42A).
The Regulation therefore operationalises a substantial amount of the Act by setting processes, forms and quantums that determine how associations, committees, managers, facilities managers, owners and tenants must act and what records and disclosures are required. Where the Regulation uses terms such as “must” and prescribes timeframes and forms, it converts the Act’s higher level obligations into specific procedural and documentary duties (examples: electronic ballot form particulars s 15; contents and timeframe for payment plans s 18 and s 18B; storage and retention of electronic ballots s 15(7) and s 31). The Regulation also assigns fixed monetary thresholds and fees (ss 23A, 24; Sch 1; Sch 2), which directly constrain association decision-making and set administrative cost boundaries.
Main concepts
This Regulation develops and applies a set of operational concepts that feed directly into how community associations are governed under the Act. Key concepts and how the Regulation uses them include:
Definitions and cross-reference to the Act: the Regulation defines terms used within it and points back to the Act and the Interpretation Act for other definitions governing operation and interpretation (s 3). It adds narrowly tailored definitions for use in specific Parts, for example pre-meeting electronic voting (s 9A) and benefit for the facilities manager Part (s 17C).
Connected persons: the Regulation provides an expanded test of when a person is “connected” to a corporate principal for the Act’s conflicts and related-party rules. This includes related bodies corporate, associated entities, persons holding executive positions in related entities, and persons able to exercise significant influence through financial interests or powers (s 4). The section also reaches certain trust relationships (s 4(1A)). The concept is used to trigger disclosure obligations (see facilities managers ss 17F-17G).
Delegation limits for specific functions: the Regulation specifies functions that may only be delegated to an association committee member or to a managing agent (s 5). These are concrete operational responsibilities such as ensuring compliance with the Work Health and Safety Act and entering into contracts for maintenance of association property other than parcel-related contracts.
Voting modalities and electronic voting: the Regulation sets out permitted voting methods that may be specified in meeting notices (s 14) and detailed requirements for pre-meeting electronic voting (ss 14A, 14B, 15-17). It makes an explicit policy choice to exclude determinations of elections from being decided by pre-meeting electronic voting (s 14A(a)). It also defines what constitutes reasonable steps to facilitate participation (s 14B) and sets form and storage requirements for electronic ballots, declarations and close-of-ballot timing (s 15(2)-(7); s 15(8); s 17).
Tenant representation: for neighbourhood committees, the Regulation operationalises the Act’s tenant-representation concept by requiring a convenor to call a tenants meeting, setting notice periods, specifying methods of notice, establishing nomination rules and quorums, and describing the commencement and vacation of tenant representatives’ terms (ss 8-9).
Facilities manager duties and disclosure: the Regulation creates a discrete Part for facilities managers (Pt 3A). It defines “benefit” to include referral fees and commissions (s 17C), excludes persons engaged only in repair or maintenance services from being treated as facilities managers (s 17D), and imposes duties to act with due diligence and promptly report maintenance/repair/safety problems (s 17E). It requires written disclosures about proposed contracts where the facilities manager may receive a benefit, and disclosure of connected suppliers, relationships with original owners and any direct or indirect pecuniary interest (ss 17F-17G). It also requires a prospective facilities manager to give written notice if a benefit may be received under the proposed agreement (s 17H).
Financial management and owner protections: the Regulation prescribes the content of payment plans for overdue contributions (s 18(1)), prohibits charging fees in connection with payment-plan requests or participation (s 18A), requires associations to respond within 28 days to completed requests and to give reasons for refusals (s 18B), and establishes the prescribed form for requesting a payment plan (s 17J). It defines “insufficient funds” for the purpose of reasonable refusal (s 17I).
Records, registers and receipts: the Regulation prescribes accounting records required (s 21), the structure and contents of a levy register (s 22), the particulars required in receipts (s 23), and retention periods for electronic voting records where secret ballots are involved (s 31).
Spending and legal cost thresholds: the Regulation specifies a spending threshold relevant to the Act’s approval requirements ($30,000) (s 23A), and sets the prescribed amount for legal services approval ($15,000) with an exception for non-urgent legal action costing not more than $3,000 (s 24).
By-law limits: the Regulation lists specific exceptions and limits on by-laws, including that an occupancy limit by-law has no effect if all adults in a lot are related (s 26), sets out specified circumstances where keeping an animal constitutes unreasonable interference (s 26A), and identifies acceptable forms of evidence that an animal is an assistance animal (s 26B).
Penalty notices and fees: the Regulation identifies which statutory offences may be the subject of penalty notices and the monetary amounts (s 40; Sch 2). It also prescribes fees payable to associations for inspection and certificates (s 39; Sch 1).
These concepts are instantiated by procedural obligations and quantums. For example, the pre-meeting ballot close is defined as 24 hours before the meeting for association matters, and “immediately before” the committee meeting for committee matters (s 15(8)). The defined mechanisms determine operational timing, evidence required, disclosure content and remuneration limits, thereby shaping incentives, record burdens and administrative costs for associations, managers and owners.
Who it affects
The Regulation identifies multiple classes of persons and organisations who are affected by its prescriptions. Primary actors and the direction of obligations include:
Associations and association committees: the Regulation places a wide range of obligations on associations including how meetings and ballots are conducted (ss 9A-17), record-keeping (ss 21-23, 31), notice content for proposed recovery actions (s 19), budget calculation (s 20), spending limits (s 23A), legal cost approvals (s 24), and obligations to make managing-agent records available for inspection (s 32). Associations are decision-makers and payers in many contexts: they decide whether to adopt pre-meeting electronic voting by resolution (s 14(b), s 14A(2)), and their committee must ensure required records and procedural steps occur (s 15(3)).
Owners and members of associations: owners are the parties who pay levies and contributions, who may request payment plans and who may be subject to recovery actions. The Regulation prescribes the contents and form of payment plans an owner may request (ss 17J, 18). Owners also have rights to inspect certain records and to be provided documents at the first AGM (s 7). In neighbourhood schemes where tenants are present in at least half the lots, owners who are convenors have a duty to convene a tenants meeting to nominate tenant representatives (s 8).
Tenants and eligible tenants: tenants notified in tenancy notices (eligible tenants, s 8(10)) are given a specific, procedural route to nominate tenant representatives on neighbourhood committees. The convenor must notify eligible tenants at least 14 days before the AGM and hold a tenants meeting not earlier than 7 days after notice (s 8(1)-(3)). Tenants also can propose nominees and vote to determine the tenant representative (s 8(6)-(7)).
Managing agents: the Regulation both grants specific delegable functions to managing agents (s 5) and imposes operational obligations when they act for the association. Managing agents must attest to the electronic affixing of seals when acting in that capacity (s 17B). Associations must make records kept by managing agents available for inspection (s 32). Managing agents can be present for an electronically affixed seal in some circumstances (s 17A).
Facilities managers and potential facilities managers: the Regulation sets a tailored regime for facilities managers (Pt 3A). Persons who are facilities managers must act with due diligence and promptly report maintenance or safety problems and must provide specified disclosures about benefits and connected relationships when proposing contracts (ss 17E-17G). Those proposing to be facilities managers must disclose in writing if they may receive a benefit from fees under the proposed agreement (s 17H). Persons engaged solely to carry out repair or maintenance services and not appointed as a facilities manager are expressly excluded from the facilities manager definition (s 17D). The rules therefore affect both those who perform facilities management services and traditional trade contractors.
Original owners and lessors: original owners who convene the first AGM in neighbourhood schemes must include tenant representative nominations on the agenda if such a nomination has been made (s 6). Original owners must supply specified documents at the first AGM, including building valuations, maintenance manuals, service agreements and BASIX certificates where applicable (s 7).
Suppliers and connected entities: the facilities manager disclosure rules require disclosure where suppliers are connected with the facilities manager and where the original owner is connected with the facilities manager (s 17G), potentially affecting suppliers that have relationships with facilities managers and associations.
Mediators and parties to mediation: the Regulation governs mediations under the Act, allowing parties or their representatives to attend with consent, permitting mediators to regulate practice and procedure (s 34), and stating that parties bear their own mediation costs (s 36).
Persons seeking certificates or records: Schedule 1 sets fees for inspection and certificates (Sch 1), affecting the costs to persons including owners, mortgagees or authorised persons when using records inspection rights.
Associations, committees and corporations facing penalty notices: Schedule 2 lists offences under the Act (by reference) for which penalty notices may be served and specifies amounts for individuals and corporations (Sch 2; s 40).
Who pays and who decides: the Regulation repeatedly places duties on associations or their committees to act, to adopt resolutions (e.g. whether to adopt pre-meeting electronic voting at s 14), to provide documents and to respond to requests (e.g. s 18B). Owners and tenants bear payment obligations and may request payment plans. Facilities managers must disclose benefits and relationships; where the facilities manager is a corporation or connected with suppliers, the disclosure obligations reach third parties. Penalty amounts apply to individuals and corporations differently under Schedule 2.
Behavioural impacts are therefore multi-sided: associations must create procedures, finance storage and record-keeping, and make decisions within prescribed thresholds; owners and tenants receive protections around payment arrangements and tenant representation; facilities managers face disclosure requirements that affect contracting and transparency; and parties to meetings and elections must adapt to electronic voting rules and procedural timeframes.
Key duties and rights
This section collates primary statutory duties and rights created or elaborated by the Regulation, referenced to the specific provisions.
Association and committee duties
Adoptable voting methods and reasonable steps: a notice of meeting may specify voting by electronic means, and adoption by resolution is required to use pre-meeting electronic voting for association or committee meetings (s 14). Where electronic methods are used, associations must take “reasonable steps” as described in s 14B, including providing clear instructions, multiple participation methods that do not require internet access or unreasonable expense, and reasonably accessible technology.
Ballot procedures and stewardship: the secretary must ensure electronic ballot forms contain instructions, the question to be determined and the means of indicating the voter’s choice, and must provide access to the ballot and associated information at least 7 days before the meeting (s 15(2)-(3)). Secret ballots must protect voter identity (s 15(5)). The secretary must store electronic ballot papers securely until counting begins and review, reject informal votes and ascertain results as soon as practicable after close of the ballot (ss 15(7); 16; 17).
Meeting agendas and first AGM documents: for a neighbourhood association, the first AGM agenda must include tenant representative nominations if one has been nominated (s 6). The original owner or lessor must provide specified documents at the first AGM, including building valuations where insurance is required, maintenance and service manuals, service agreements for utilities, building contracts and BASIX certificates (s 7(1)).
Financial record-keeping: associations are required to keep specific accounting records, including consecutively numbered receipts, statements of deposits and withdrawals, a cash record and a levy register (s 21). The levy register must contain detailed, per-lot entries for each contribution levied and its treatment as debit/credit and balance (s 22). Receipts issued by the treasurer must include specific particulars, including lot numbers and periods when contributions are for funds (s 23).
Payment plan handling and payment-plan refusals: associations must accept payment plans that meet prescribed form requirements (s 18), must not charge fees for requesting, entering or participating in payment plans (s 18A), and must respond in writing to a completed request within 28 days, giving reasons for refusal and explanation of their application to the particular case (s 18B). Associations may reasonably refuse where entering the plan would create “insufficient funds” in the capital or administrative funds, with “insufficient funds” defined to include the fund being in deficit or unable to meet an undertaking, compliance notice or order, or insufficient funds to enable maintenance and repair duties or to pay expenses (s 17I).
Spending and legal approvals: associations are constrained by a prescribed spending amount relevant to decision-making (the Regulation prescribes $30,000) (s 23A). For legal services costs, the Regulation prescribes $15,000 as the amount requiring approval under the Act and allows unspecified approval exceptions for non-urgent legal action costing not more than $3,000 (s 24(1)-(2)).
Facilities managers’ duties and prospective facilities managers
Due diligence and reporting: a facilities manager must act with due diligence and promptly bring maintenance, repair or safety problems to the association’s attention and propose how those problems should be addressed (s 17E).
Disclosure of benefits and relationships: before proposing a contract for supply of goods or services, a facilities manager must give written notice if they may receive a benefit related to the proposed contract, specifying who will provide the benefit and its monetary value or calculation method; if the contracting party is connected to the facilities manager, the nature of the relationship must also be disclosed (s 17F). More broadly, a facilities manager must promptly give written notice of connected suppliers, relationships with original owners, and any direct or indirect pecuniary interest in the scheme (s 17G).
Prospective facilities manager disclosure: a person being considered for appointment as a facilities manager must give written notice to the association if they may receive a benefit in relation to fees under the proposed facilities manager agreement (s 17H).
Rights and procedural protections for owners and tenants
Tenant representation process: eligible tenants have a right to a tenants meeting to nominate a tenant representative for neighbourhood committees and to vote to determine the tenant representative by majority vote; the convenor must give at least 14 days’ notice and the tenants meeting may not be held earlier than 7 days after notice (s 8). The law sets a low quorum (one eligible tenant) (s 8(8)) and clarifies term commencement timing (s 8(9)).
Payment-plan procedural protections: owners have the right to use a prescribed Request for payment plan form (published in Gazette No 351 of 29 August 2025) and associations are limited to asking only for the information on that form (s 17J(1)-(2)). Owners have the right to a written statement of the agreed payment plan on request (s 18(2)).
Voting rights and election mechanics
Voting methods and pre-meeting electronic voting: associations must specify permitted voting ways in meeting notices (s 14). Pre-meeting electronic voting is permitted only where the association or committee has, by resolution, adopted it (s 14(b)-(c), but see transitional s 42A). Elections cannot be determined by pre-meeting electronic voting (s 14A(a)). Where pre-meeting electronic voting partly determines a matter, the notice must state that motions may be amended at the meeting and that pre-meeting votes may have no effect (s 14A(b)).
Records and retention
Electronic voting records: where secret ballots are used, voting papers and related records must be kept for 13 months (s 31(1)). The Regulation explicitly requires records relating to electronic voting for motions for resolutions to be kept (s 31(2)).
Penalties and enforcement
Penalty notices and monetary amounts: the Regulation identifies offences under the Act eligible for penalty notices and prescribes the amount for individuals and corporations in Schedule 2. For example, contraventions of specified sections such as s 74A(1) attract penalty notice amounts of $2,200 for individuals and $4,400 for corporations (Sch 2; s 40).
These duties and rights produce a compliance architecture: associations must adopt meeting and voting procedures, provide documents and respond to payment-plan requests within timeframes, maintain specified accounting records, and ensure required disclosures from facilities managers. Facilities managers and prospective facilities managers face affirmative disclosure obligations. Owners and tenants have procedural rights around tenant representation and payment-plan forms.
Penalties and enforcement
The Regulation sets out enforcement mechanisms that operate through monetary fees, prescribed penalties for penalty notice offences, and obligations whose contravention may attract penalty notices under the Act. Enforcement and penalty structures include:
Penalty notice scheme: section 40 declares that each offence created by a provision specified in Schedule 2 is an offence for which a penalty notice may be served. It assigns the penalty amount for each specified provision for individuals (Schedule 2, Column 2) and for corporations (Schedule 2, Column 3). Schedule 2 lists multiple Act provisions with corresponding fixed penalty amounts (examples: s 12(1) $2,200 for an individual and $2,200 for a corporation; s 74A(1) $2,200 for an individual and $4,400 for a corporation; s 219(1)-(3) $110 for an individual and $220 for a corporation).
Scope and calibration of penalties: the Schedule differentiates between individuals and corporations, and in a small number of entries prescribes a penalty only for a corporation (e.g. s 148 entry is $220 for a corporation and dash for individuals), indicating regulatory choices about which contraventions attract monetary sanction and at what level. The Regulation also provides that if a Schedule 2 reference is qualified by words that restrict operation to specified kinds of offences, only offences of the kind so specified are prescribed offences for penalty notice purposes (s 40(2)).
Fees for statutory activities: Schedule 1 prescribes fees payable to associations for making records available for inspection and for issuing certificates under the Act, section 171 (s 39; Sch 1). Fees for inspection differ depending on who inspects and the duration: $31 for the first hour for owners or mortgagees, $16 for each additional half-hour; $60 for the first hour for other authorised persons, $30 for each ensuing half-hour (Sch 1, Item 1). Fees for certificates are $109 for an initial request or one made more than 3 months after a previous request and $94 for requests within 3 months (Sch 1, Item 2). These are payable amounts enforced by associations when providing statutory documents and services.
Procedural enforcement levers: several provisions create time-limited obligations which, if not complied with, are likely to give rise to enforcement action under the Act or enable other remedies. Examples include the obligation for the secretary to give access to an electronic ballot paper at least 7 days before the meeting for pre-meeting electronic voting (s 15(3)), the requirement that an association respond within 28 days to a completed payment-plan request (s 18B(1)), and record-keeping obligations for specified durations (s 31(1)). The Regulation does not itself specify criminal penalties for those procedural breaches but connecting Act provisions listed in Schedule 2 may carry penalty notice options.
Civil remedies and administrative orders under the Act: the Regulation refers to compliance notices and the Secretary’s enforcement powers under the Act when defining “insufficient funds” in relation to payment plans (s 17I(2)(b)). This indicates that failure to maintain sufficient funds may intersect with compliance orders issued by the Secretary under the Act (s 17I(2)(b)(ii)). The Regulation therefore interacts with administrative enforcement under the Act.
Delegation constraints that affect liability: the Regulation limits certain delegated functions to association committee members or managing agents (s 5). These specified functions include ensuring WHS compliance, entering into non-parcel maintenance contracts, arranging inspections of records under the Act s 173, and giving certificates under the Act s 174. The constraint narrows who may lawfully exercise those functions and therefore affects where compliance responsibility and enforcement exposure fall.
Specific offences captured in Schedule 2: the Schedule lists numerous Act provisions which, if contravened, are captured for penalty notices; these include obligations connected with the operation of schemes, the conduct of original owners, facilities manager duties (through Act s 74A being included in Schedule 2), and evidentiary or administrative obligations (e.g. s 209(4) and s 148,entries exist for corporations).
Practical enforcement implications
Associations and individuals should be aware that many routine administrative defaults or procedural lapses can result in fixed monetary penalties via the penalty notice scheme. The amounts vary and are separate from any litigation, compliance notices under the Act or orders that may require remedial action (see s 17I cross-reference to compliance notices in ss 17I(2)(b)).
The Regulation places a compliance burden on associations to prepare, store and produce electronic ballots and records securely and to follow notice and response timelines; failure to do so may expose associations to administrative penalties under the Act to the extent listed in Schedule 2.
Fee structures in Schedule 1 allow associations to recover their costs for providing records and certificates, but those fees are capped by the Schedule and therefore restrict associations’ revenue from providing these statutory services.
Overall, enforcement under the Regulation is primarily monetary and administrative, with penalty notices and prescribed fees being the main instruments, supported by the Act’s broader compliance and enforcement framework.
How it interacts with other laws
The Regulation explicitly cross-references and interacts with the Act and other statutes, imposing duties which depend on or modify obligations under other laws. Key interaction points include:
The Community Land Management Act 2021: the Regulation is entirely structured to give effect to numerous provisions of the Act. It frequently cites the Act as the source of the power or obligation it is prescribing (for example, s 5 references the Act s 11(1)(h); ss 6-7 reference the Act ss 13-14; numerous sections of Pt 3A reference Act ss 70, 74A, 75). The Regulation therefore operates as subordinate legislation fleshing out the Act’s procedural and documentary detail.
Interpretation Act 1987: s 3 notes that the Interpretation Act contains definitions and provisions that affect interpretation and application of the Regulation. This means statutory interpretation principles and general definitions in the Interpretation Act apply to the Regulation.
Corporations and related-party concepts: s 4 adopts the concept of associated entity as defined in the Corporations Act 2001 of the Commonwealth. This imports corporate-law concepts for determining “connectedness” and has implications for related-party disclosure and conflicts.
Insurance and valuation law: s 27 recognises Lloyd’s underwriters authorised to carry on insurance under the Commonwealth Insurance Act 1973 as approved insurers for the Regulation’s purposes, linking to the Commonwealth insurance regulatory regime. Section 29 prescribes that qualifications referred to in the Community Land Development Act 2021 Dictionary for a qualified valuer are prescriptions adopted here, creating an inter-act linkage. The regulation of minimum insurance amounts (s 28 and s 30) interacts with the Act’s insurance provisions.
Work Health and Safety Act 2011: s 5(a) says that ensuring compliance with relevant requirements under the Work Health and Safety Act 2011 is a function that may be delegated only to an association committee member or managing agent. This ties WHS statutory duties to community association governance by restricting delegation of that compliance role.
Electronic Transactions Act 2000: s 11(2) notes that the Electronic Transactions Act 2000, s 9, applies to electronic signatures for ballot papers. Similarly, s 17B addresses what will be taken as a signature for an electronic communication and imports a reliability and consent assessment akin to the Electronic Transactions Act factors.
Companion Animals Act 1998 and Assistance Dogs standards: the Regulation’s animal provisions refer to specific provisions of the Companion Animals Act 1998 (s 26A(g)-(h)) and list evidentiary items for assistance animals, including training program standards and registration by Australian government agencies (s 26B). This creates a direct interface between local council or state animal controls and community association by-law enforcement.
Community Land Development Act 2021: s 29 references qualifications in that Act’s Dictionary, linking definitions and valuation standards between development and management regimes.
Secretary’s administrative powers under the Act: the Regulation’s definition of “insufficient funds” for payment-plan refusal (s 17I(2)(b)) uses the Secretary’s acceptance of undertakings under the Act s 177T(3) and compliance notices under Act s 177(1) as relevant constraints, linking financial decision-making and payment-plan refusals to the Secretary’s enforcement actions under the Act.
The Regulation therefore operates as a bridger between the Act and other statutory regimes, importing definitions and standards from corporate law, electronic transactions law, insurance regulation, WHS law and animal control law. Associations and persons affected must not only comply with the Regulation but must also be cognisant of the upstream statutory regimes it references because the Regulation’s duties are shaped by those external legal obligations.
Amendment history
The Regulation contains multiple amendment annotations across sections that document legislative changes. Using only the amendment notations in the Regulation itself, the amendment history is as follows:
Commencement: the Regulation commenced on 1 December 2021 (s 2).
2021 amendments and repeals: Part 11 contains an explicit note referencing insertions in 2021 and later repeal entries. Sections 43-46 are marked as repealed with multiple insert and repeal annotations referencing 2021 instruments (pt 11 notes).
2022 insertions and changes: multiple provisions were inserted or amended in 2022. Examples include:
Part 3, Division 1 heading inserted in 2022 (pt 3, div 1, hdg Ins 2022 (557), Sch 1[2]).
Sections 9A, 10-12 and various election and voting provisions were substantively amended or inserted in 2022 as substatements note Am 2022 (557), Sch 1[3]-[14].
Section 14 was substituted in 2022 (s 14: Subst 2022 (557), Sch 1[12]).
Sections 14A, 14B, 15A-17B were inserted in 2022 (Ins 2022 (557), Sch 1[12]-[14]).
Transitional provision 42A for pre-meeting electronic voting was inserted in 2022 (s 42A Ins 2022 (557), Sch 1[15]).
2023 amendments:
Section 23A specifying limits on spending (the prescribed amount $30,000) was inserted in 2023 (s 23A Ins 2023 No 45, Sch 5.2[1]).
Schedule 2 penalty notice offences was amended in 2023 (sch 2 Am 2023 No 45, Sch 5.2[2]).
2024 amendments:
Section 4 (connected persons) was amended in 2024 (s 4: Am 2024 No 65, Sch 4[1]).
Schedule 2 further amendments referencing 2024 (sch 2 Am 2024 No 65, Sch 4[2]).
2025 amendments:
Part 3A Facilities managers and related sections were inserted in 2025 (pt 3A Ins 2025 (505), Sch 2[2]). Sections 17C-17H and related parts (definition of benefit, facilities manager duties, disclosure duties and prospective facilities manager disclosures) are marked Ins 2025 (505), Sch 2[2].
Sections 17I-18B (payment plan refusals, prescribed request form, payment plan contents, prohibition of payment plan fees, and response timing) were inserted or amended in 2025 (s 17I Ins 2025 (505), Sch 2[3]; s 17J Ins 2025 (505), Sch 2[3]; s 18 Am 2025 (505), Sch 2[4]; s 18A Ins 2025 (505), Sch 2[5]; s 18B Ins 2025 (505), Sch 2[5]).
Section 25 prescribing the Initial maintenance schedule form was substituted in 2025 (s 25 Subst 2025 (505), Sch 2[6]).
Section 30 insurance amount and Schedule 1 updated (sch 1 Am 2025 No 14, Sch 3.1[3]); Schedule 2 penality schedule updated 2025 (sch 2 Am 2025 No 14, Sch 3.1[4]; 2025 (505), Sch 2[7]).
Section 6 (agenda for first AGM) was amended in 2025 No 14 (s 6: Am 2025 No 14, Sch 3.1[1]).
The annotations show the Regulation has been periodically updated to add new operational regimes (notably electronic voting rules introduced in 2022, spending thresholds in 2023, and a facilities manager regime and enhanced payment-plan protections in 2025). The amendment annotations are the only authoritative amendment record provided within the Regulation text. They indicate a pattern of staged additions to address procedural issues such as electronic voting, facilities management conflicts and owner protections for payment plans. When implementing the Regulation, practitioners should consult the consolidated text and the amending instruments referenced in the annotations for the precise legislative history and timing.
Litigation history
The Regulation itself contains no references to judicial decisions or litigation history. It cites only statutes and amending instruments. The text names no cases and contains no adjudicated interpretations. Where the Regulation refers to enforcement outcomes or decision-making (for example, grounds for refusing a payment plan, the Secretary’s compliance notices and undertakings in s 17I(2)(b)), those are administrative processes under the Act and are not exemplified by case law in the text.
Implications for litigation risk and dispute potential that arise from the Regulation’s content include:
Disputes over interpretation of duties and definitions may arise: for example, the determination of whether a person is a facilities manager is governed by the criteria in s 17D and subsequent duties in ss 17E-17H; disagreements about whether a person “meets all of the following criteria” in s 17D could lead to contested proceedings if parties differ about the nature of the engagement and duties performed.
Funding and payment-plan refusals: associations are permitted to refuse payment-plan requests reasonably where entering the plan would cause “insufficient funds” to be in a fund as defined in s 17I. The regulation lists discrete triggers (deficit, inability to comply with Secretary undertakings or compliance notices, orders, inability to meet maintenance duties or expenses). Disagreements about whether a proposed plan would cause “insufficient funds” could generate disputes and potentially administrative review or judicial challenges if parties contest the association’s application of s 17I.
Electronic voting and election disputes: the Regulation establishes detailed procedures and safeguards for pre-meeting electronic voting and ballots, including timing, storage and how informal votes are handled (ss 15-17). Failure to comply with these procedures could be the basis for procedural challenges to meeting decisions or election results. The Regulation’s explicit prohibition on determining elections by pre-meeting electronic voting (s 14A(a)) may also be contested in specific circumstances where parties argue about whether an election was improperly decided.
Records and inspection: the Regulation requires managing-agent records to be made available for inspection (s 32) and prescribes fees for inspection (Sch 1). A dispute may arise if an association or managing agent refuses access or refuses to provide records within the prescribed parameters.
The Regulation therefore creates multiple potential points of procedural disagreement that, in practice, could be litigated or referred to administrative review under the Act’s dispute resolution provisions. However, within the Regulation text itself there are no reported decisions to rely on.
Gotchas
This Regulation contains many specific procedural, timing and formal requirements where failure to observe details can have material consequences. Practical traps and frequently overlooked points include:
Pre-meeting electronic voting limits: elections cannot be determined by pre-meeting electronic voting (s 14A(a)). Where an association or committee uses pre-meeting electronic voting without the required resolution adopting it (s 14(b)-(c)), the vote may be procedurally invalid unless a transitional exception applies (s 42A). Secret ballots and elections have different handling rules; ensure elections are conducted at the meeting itself in accordance with the Regulations (see ss 10-12, s 14A).
Notices and content obligations for pre-meeting voting: where pre-meeting electronic voting is partly used, the notice must warn that the motion may be amended at the meeting and consequently the pre-meeting vote may have no effect (s 14A(b)). If a motion is to be determined wholly by pre-meeting electronic voting, it must not be amended at the meeting (s 14A(c)). Failure to include these statements in the notice risks invalidating the pre-meeting process or exposing the association to valid requests for further meetings (s 14A(b)(ii), (e)).
Secretary’s obligations and close-of-ballot: the secretary must give each person entitled to vote access to the electronic ballot and relevant instructions at least 7 days before the meeting (s 15(3)). The Regulation defines the close of the ballot (s 15(8)); for association matters the close is 24 hours before the meeting starts, and for committee matters it is immediately before the meeting starts. Non-observance can raise questions about the validity of votes (s 15(6)-(7), s 17).
Secret ballot anonymity and declarations: if a ballot is secret, the electronic design must ensure voter identity cannot be ascertained from the ballot form and the declaration must be handled so it cannot be used to identify the voter (s 15(5)). This imposes technical and data-protection requirements on associations and their chosen electronic voting systems. A voting application must provide warning messages for informal votes (s 16(2)).
Close linkage between payment-plan refusals and compliance orders: an association may refuse a payment plan if entering into it would result in “insufficient funds” as defined in s 17I. That definition includes inability to comply with an undertaking accepted by the Secretary or a compliance notice under the Act (s 17I(2)(b)). Associations must therefore be aware of existing regulatory obligations and enforcement notices before refusing a plan; conversely, owners should be aware that compliance notices and undertakings can be invoked as legitimate grounds for refusal.
Prohibition on charging for payment plans and limits on required information: an association must not charge a fee related to requesting or participating in a payment plan (s 18A). Further, associations may not require more information than set out in the prescribed Request for payment plan form (s 17J(2)). Associations that impose additional documentary requirements or fees risk contravening the Regulation.
Facilities manager scope and disclosures: the Regulation excludes from the facilities manager regime a person engaged solely to carry out repair or maintenance if their engagement does not include managerial duties and they have not been appointed as a facilities manager (s 17D). However, whether a particular contractor’s scope of duties crosses into facilities-manager territory is a factual question. Facilities managers must disclose benefits, connections with suppliers and any pecuniary interests (ss 17F-17G); failure to disclose where required may engage penalties under the Act (s 74A is listed in Schedule 2).
Restrictions on electronic affixing of seals: the Regulation prescribes who must be present when an association’s seal is affixed electronically, distinguishing by the number of association members and whether a managing agent is present (s 17A). When a managing agent attests, s 17B sets attestation and electronic-signature requirements. Associations that electronically affix seals without observing these presence and attestation requirements risk procedural invalidity.
Spending and legal cost thresholds: an association’s spending decisions above the $30,000 prescribed amount (s 23A) may require additional procedural steps under the Act. Legal cost approvals also have thresholds ($15,000) with a stated exception for non-urgent actions costing up to $3,000 (s 24). Associations and committees need to track cumulative legal spend and authorisation processes to remain within the prescribed rules.
Record-keeping retention specifics: for secret ballots, the voting papers and related records must be kept for 13 months (s 31(1)). Practitioners should note this retention obligation applies specifically where secret ballots are used. Records relating to electronic voting must be kept (s 31(2)), which requires secure storage design and retention planning by associations or managing agents.
First AGM document obligations: original owners or lessors must provide specific documents at the first AGM (s 7(1)). Failure to supply prescribed documents like building contracts, maintenance manuals or BASIX certificates could affect insurance and the association’s ability to plan maintenance.
Fees are prescriptive: Schedule 1 caps inspection and certificate fees (Sch 1). Associations cannot lawfully charge more than those prescribed amounts for those statutory services. Similarly, Schedule 2 prescribes penalty notice amounts; penalties cannot be changed without amendment to the Regulation.
In short, many of the Regulation’s requirements are precise and technical. Practitioners should check notice wording, timing, storage and procedural steps against the relevant section to avoid procedural invalidity or exposure to penalty notices.
How to comply
This section provides a practical compliance checklist for associations, committees, secretaries, managing agents, facilities managers, original owners and owners, grounded in the Regulation’s requirements and with section references.
For associations and association committees
Meeting notices and voting method adoption:
Ensure notices for meetings specify the permitted ways of voting in accordance with s 14(a)-(c).
If intending to permit pre-meeting electronic voting, adopt that method by a resolution where required (s 14(b)-(c)). Note the transitional exception in s 42A for pre-30 September 2022 ballots.
For motions partly or wholly determined by pre-meeting electronic voting, include the required statements in the notice per s 14A(b)-(d).
Electronic voting administration:
Appoint the secretary to prepare and distribute electronic ballot papers at least 7 days before the meeting (s 15(3)). The ballot form must include instructions, the question, and a means to indicate choice (s 15(2)).
Implement secure storage processes for electronic ballot papers until counting begins (s 15(7)).
For secret ballots, ensure the ballot is configured so voter identity cannot be ascertained from the ballot paper and handle declarations to avoid identification (s 15(5)).
Ensure your voting platform provides warning messages for informal votes if using a voting website or app (s 16(2)).
Records and retention:
Keep accounting records specified in s 21, maintain a levy register structured as required in s 22, and ensure receipts contain the particulars in s 23.
Retain voting papers, records and other documents as required; for secret ballots retain records for 13 months (s 31(1)).
Financial governance:
Calculate the annual budget as the sum of contributions levied, income from other sources, and other amounts held by the association (s 20).
Respect the spending limit prescribed in s 23A ($30,000) for matters that trigger the Act’s processes.
For legal services costs, observethe approval threshold and exception in s 24.
Payment plans and debt recovery:
Use the prescribed “Request for payment plan for overdue contributions” form published in Gazette No 351 of 29 Aug 2025 (s 17J(1)).
Do not request information beyond the prescribed form (s 17J(2)).
If entering into a payment plan, ensure the written plan contains all required elements in s 18(1) (member and title, address for service, amount owing, interest, schedule of payments, payment methods, contact details, statement about further plans and the date agreed).
If an owner asks for a written statement of the plan, provide it monthly or at the longer period the member specifies setting out payments made and the amount unpaid (s 18(2)).
Do not charge fees for requesting, entering or participating in a payment plan (s 18A).
Respond to any completed payment-plan request in writing within 28 days and, if refusing, state reasons and how they apply (s 18B).
Delegation and contracting:
Only delegate the functions listed in s 5 to an association committee member or a managing agent. These include WHS compliance, non-parcel maintenance contracts, arranging inspections under Act s 173, and giving certificates under Act s 174.
Ensure contracts for maintenance of association property (non-parcel) are handled only by authorised persons.
For secretaries and managing agents
Ballot and meeting administration:
Ensure electronic ballot forms meet s 15(2) requirements and are delivered and returnable by methods specified in the meeting notice (s 11(3A); s 15(3)).
Store electronic ballots securely and be prepared to review and reject informal votes, ascertain results, and report results at the meeting (s 15(7); s 17(1)-(2)).
Seal and attestation:
When affixing an association seal electronically, follow presence requirements in s 17A based on the association’s membership numbers.
If attesting as a managing agent to an electronic seal, sign or ensure corporate officer signature and meet the electronic-signature reliability and consent criteria in s 17B(2).
Records inspection and fees:
Make accounting records and other scheme records kept by the managing agent available for inspection (s 32).
Charge only the prescribed fees in Schedule 1 for time spent making records available and for issuing certificates (s 39; Sch 1).
For facilities managers and potential facilities managers
Determine status:
Carefully assess whether an engagement meets the criteria in s 17D. If the engagement includes managing duties or controlling association property use or an appointment as facilities manager, the facilities manager regime will apply.
Disclosures before contracting:
If proposing a contract where you may receive a benefit, provide written notice to the association specifying who will provide the benefit and the monetary value or the method for calculating it (s 17F(a)).
If the contracting party is connected with the facilities manager, disclose the nature of the relationship (s 17F(b)).
As soon as practicable, disclose connected suppliers and the nature of those relationships, any relationship with the original owner, and any direct or indirect pecuniary interest in the scheme (s 17G).
If you are being considered for appointment as facilities manager and may receive a benefit in relation to the fees charged, give written notice to the association (s 17H).
Operational duty:
Act with due diligence and promptly report maintenance, repair or safety problems to the association and propose how they should be addressed (s 17E).
For original owners and developers
First AGM obligations:
Include tenant representative nominations on the agenda for the first AGM where a tenant representative has been nominated in accordance with the Act s 36 (s 6).
Provide the prescribed documents at the first AGM per s 7(1): building valuations where insured under Act Part 9 Division 1, maintenance and service manuals, service agreements for utilities, building contracts (including variations) and BASIX certificates where applicable. Use the prescribed “Initial maintenance schedule” form as required (s 25).
For owners and tenants
Tenant nomination and voting:
Eligible tenants (as defined by notification in the tenancy notice) should expect a tenants meeting convened by the convenor, have at least 14 days’ notice and the meeting cannot be held earlier than 7 days after notice (s 8(1)-(3)). Eligible tenants can nominate and vote to determine tenant representatives by majority vote (s 8(6)-(7)).
Payment-plan requests:
Use the prescribed request form (s 17J(1)). Provide only the information required by that form; associations may not demand extra material (s 17J(2)). Expect a written response within 28 days and a written statement of payments if a plan is agreed (ss 18B; 18(2)).
Cross-cutting compliance steps
Policies and training: associations should adopt written policies and train committee members and managing agents on electronic voting procedures, ballot handling, data privacy for secret ballots, payment-plan processing, facilities-manager disclosures, and the delegation restrictions in s 5.
Audit trails and document templates: prepare standard templates for the electronic ballot paper (complying with s 15(2)), the prescribed payment-plan form and the Initial maintenance schedule form (s 25). Maintain an auditable levy register and receipts as prescribed (ss 22-23).
Technology and accessibility: choose electronic voting and storage platforms that permit secret ballots, ensure ballot anonymity where required (s 15(5)), provide warnings for informal votes (s 16(2)), and satisfy the “reasonable steps” test in s 14B by offering alternative, low-cost means of participation for members without internet access.
Legal and financial governance: monitor cumulative spending against the prescribed $30,000 threshold in s 23A and
(1A) A person (the principal person) is connected with another person if the other person is—
(a) the trustee of a trust of which the principal person is a beneficiary, or
(b) one or more of the following in relation to a trust of which the principal person is, or has at any time been, a trustee—
(i) a beneficiary,
(ii) a child, spouse or de facto partner of a beneficiary.
(2) In this section—
associated entity has the same meaning as in the Corporations Act 2001 of the Commonwealth.
relevant financial interest, in relation to a principal person, means—
(a) shares in the capital of the principal person, or
(b) an entitlement, whether arising at law, in equity or otherwise, to receive—
(i) income derived from a business carried on by the principal person, or
(ii) another financial benefit or financial advantage from the carrying on of the business.
relevant power means a power to participate in, or to elect or appoint a person to, a directorial, managerial or an executive position in the principal person, whether the power is exercisable—
(a) by voting or otherwise, and
(b) alone or in association with other powers.
s 4: Am 2024 No 65, Sch 4[1].
Part 2 Management of schemes
Part 2 Management of schemes
Part 2 Management of schemes
5 Functions that may only be delegated to association committee member or managing agent—the Act, s 11(1)(h)
5 Functions that may only be delegated to association committee member or managing agent—the Act, s 11(1)(h)
5 Functions that may only be delegated to association committee member or managing agent—the Act, s 11(1)(h)
The following functions of an association may be delegated to or conferred only on a member of the association committee or a managing agent—
(a) ensuring that the association complies with relevant requirements under the Work Health and Safety Act 2011,
(b) entering into contracts relating to the maintenance of association property or the provision of services to the association property, other than contracts relating to a parcel,
(c) arranging for inspections of records and other documents under the Act, section 173,
(d) giving certificates under the Act, section 174.
6 Agenda for first AGM—the Act, s 13(2)(o)
6 Agenda for first AGM—the Act, s 13(2)(o)
6 Agenda for first AGM—the Act, s 13(2)(o)
The agenda for the first annual general meeting of a neighbourhood association must, if a tenant representative has been nominated for the neighbourhood committee in accordance with the Act, section 36, include an item to receive the nomination.
s 6: Am 2025 No 14, Sch 3.1[1].
7 Documents and records to be provided to association at first AGM—the Act, s 14(1)(f)
7 Documents and records to be provided to association at first AGM—the Act, s 14(1)(f)
7 Documents and records to be provided to association at first AGM—the Act, s 14(1)(f)
(1) The following documents obtained or received by the original owner or lessor and relating to the scheme parcel, or to a building, plant or equipment on the parcel, are prescribed—
(a) if a building is required to be insured under the Act, Part 9, Division 1—a valuation of the building,
(b) maintenance and service manuals,
(c) all service agreements relating to the supply of gas, electricity or other utilities to the scheme parcel,
(d) copies of building contracts for the scheme parcel, including variations to the contracts,
(e) the most recent BASIX certificate for each building on the scheme parcel.
(2) In this section—
BASIX certificate has the same meaning as in the Environmental Planning and Assessment Regulation 2000.
Part 3 Associations and association committees
Part 3 Associations and association committees
Part 3 Associations and association committees
Division 1 Tenant representatives
Division 1 Tenant representatives
Division 1 Tenant representatives
pt 3, div 1, hdg: Ins 2022 (557), Sch 1[2].
8 Tenant representatives on neighbourhood committees—the Act, s 36(5)
8 Tenant representatives on neighbourhood committees—the Act, s 36(5)
8 Tenant representatives on neighbourhood committees—the Act, s 36(5)
(1) A person (the convenor) who is entitled to convene an annual general meeting of a neighbourhood scheme that has tenants in at least half of the number of lots in the scheme must convene a meeting of eligible tenants (a tenants meeting) to nominate a person for the position of tenant representative on the neighbourhood committee.
(2) The convenor must, at least 14 days before the annual general meeting, give notice of the tenants meeting to each eligible tenant.
(3) The tenants meeting may be held before the annual general meeting, but may not be held earlier than 7 days after notice of the tenants meeting is given.
(4) Notice may be given—
(a) by causing a copy of the notice to be prominently displayed on a notice board required to be maintained by or under the by-laws on the association property, or
(b) by written notice given to each eligible tenant.
(5) The convenor, or a tenant elected by the eligible tenants present at the meeting, must chair the tenants meeting.
(6) An eligible tenant may, at the tenants meeting, propose themselves or propose another eligible tenant for nomination as the tenant representative.
(7) The tenant representative must be determined by majority vote of eligible tenants present at the tenants meeting.
(8) The quorum for the tenants meeting is 1 eligible tenant.
(9) The term of a tenant representative commences at the end of the annual general meeting at which the nomination is received.
(10) In this Part—
eligible tenant means a tenant notified in a tenancy notice given in accordance with the Act.
9 Vacation of office by tenant representatives of neighbourhood committees
9 Vacation of office by tenant representatives of neighbourhood committees
9 Vacation of office by tenant representatives of neighbourhood committees
(1) A tenant representative ceases to be a tenant representative—
(a) if the person ceases to be an eligible tenant, or
(b) on receipt by the secretary of the neighbourhood association from the person of written notice of the person’s resignation as the tenant representative, or
(c) at the end of the next meeting at which a new neighbourhood committee is elected by the neighbourhood association, or
(d) if the person dies.
(2) If a tenant representative ceases to be a tenant representative before the next meeting at which a new neighbourhood committee is elected, a further tenants meeting must be held under section 8 to nominate a tenant representative.
(3) The term of a replacement tenant representative is for the remainder of the term of the representative that the person replaces.
Division 2 Elections and voting
Division 2 Elections and voting
Division 2 Elections and voting
pt 3, div 2, hdg: Ins 2022 (557), Sch 1[3].
9A Definition
9A Definition
9A Definition
In this Division—
pre-meeting electronic voting means voting on a matter by electronic means before the meeting at which the matter will be determined.
s 9A: Ins 2022 (557), Sch 1[3].
10 Election of association committees
10 Election of association committees
10 Election of association committees
(1) At a meeting of an association at which its association committee is elected, the chairperson must—
(a) announce the names of the candidates already nominated in writing for election to the association committee, and
(b) call for oral nominations of candidates eligible for election to the association committee.
(2) A written or oral nomination made for the purposes of the election is ineffective unless it is made by the nominee or supported by the consent of the nominee given—
(a) in writing, if the nominee is not present at the meeting, or
(b) orally, if the nominee is present at the meeting.
(3) After the chairperson declares that nominations have closed, the association must decide, in accordance with the Act, the number of members of its association committee.
(4) If the number of candidates is—
(a) the same as, or fewer than, the number of members—the candidates must be declared by the chairperson to be, and are taken to have been, elected as the association committee, or
(b) greater than the number of members—a ballot must be held.
11 Ballot for association committees
11 Ballot for association committees
11 Ballot for association committees
(1) If a ballot for membership of the association committee of an association is required, the person presiding at the meeting of the association must—
(a) announce to the meeting the name of each candidate, and
(b) provide each person present and entitled to vote at the meeting with a blank ballot paper for each vote the person is entitled to cast.
(2) For a vote to be valid, a ballot paper must be signed by the voter and completed by the voter’s writing on it—
(a) the names of the candidates, without repeating a name, for whom the voter desires to vote, the number of names written being no more than the number determined by the association as the number of members of its association committee, and
(b) the capacity in which the voter is exercising a right to vote, whether—
(i) as owner, first mortgagee or covenant chargee of a specified lot, or
(ii) as a company nominee, or
(iii) by proxy, and
(c) if the vote is being cast by proxy—the name and capacity of the person who gave the proxy.
Note—
See the Electronic Transactions Act 2000, section 9, in relation to requirements for the electronic signature of a person.
(3) The completed ballot paper must be returned to the chairperson.
(3A) For the Act, section 233(2)(i), the ballot paper—
(a) may be provided or delivered by electronic means specified in the notice given under section 14(a) in relation to the meeting, and
(b) if the ballot paper is provided or delivered by electronic means—must be returned to the chairperson in a way specified in the notice given under section 14(a) in relation to the meeting.
Note—
See the Act, Schedules 1 and 2, and this Regulation, section 14, in relation to notices for meetings.
(4) Until all places for membership of the association committee have been filled, the chairperson must declare elected successively each candidate who has a greater number of votes than all other candidates who have not been elected.
(5) If only 1 place remains to be filled and there are 2 or more eligible candidates with an equal number of votes, the candidate to fill the place must be decided by a show of hands of the persons present and entitled to vote.
(6) For subsection (5), a person is taken to vote by a show of hands on a matter at a meeting if—
(a) the notice for the meeting specified voting by electronic means while participating in the meeting as a way of voting at the meeting, and
Note—
See the Act, Schedule 1, clause 27(3) and this Regulation, section 14(a).
(b) the person uses the electronic means to indicate the voter’s choice on the matter while participating in the meeting.
s 11: Am 2022 (557), Sch 1[4]—[6].
12 Nominations for officers of association committees
12 Nominations for officers of association committees
12 Nominations for officers of association committees
(1) The written notice of the first meeting of an association committee after the appointment of the committee must include a call for nominations for chairperson, secretary and treasurer of the committee.
(2) A person who is a member of the association committee may nominate another member for election as any or all of chairperson, secretary or treasurer of the committee.
(2A) A nomination must be made by written notice or orally at the meeting in accordance with this section, or the nomination is ineffective.
(3) A nomination made by written notice must be given to the person convening the meeting, stating the name of—
(a) the person nominated, and
(b) the person making the nomination and that the person nominated consents to the nomination.
(4) The person convening the meeting must—
(a) include, in the notice of the meeting at which the election will take place, nominations, if any, received before the notice is given, and
(b) give notice at the meeting of nominations, if any, received by the convenor after the notice is given.
(5) A nomination may be made at any time before the election is held and may be made at the meeting.
(5A) For an oral nomination—
(a) the nomination must be made at the meeting, and
(b) the person nominated must—
(i) be present at the meeting, and
(ii) consent to the nomination.
(6) If a ballot for the election of a person as chairperson, secretary or treasurer of the committee is required, the election must be conducted by a show of hands of the persons present at the meeting and entit
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