top of page

NSW strata committee training: what happens if a member misses the deadline?

Eollyn Cortes, Sagang Chung and Helen Jeon
2 hours ago
3 min read

From 1 October 2026, members elected or appointed to NSW strata committees must complete mandatory training within three (3) months of their appointment. NSW Fair Trading will provide a free, one-hour online course through Strata Hub.


The consequence of missing the deadline is significant: the member automatically ceases to be a committee member, with no separate enforcement warning, enforcement process, or penalty beforehand.


This makes the new regime a governance priority for strata committees, secretaries and managing agents, who will need to track each member's deadline, confirm whether training has been completed, and critically, verify that everyone participating in committee decisions remains entitled to do so.


What changes from 1 October 2026?


The Strata Schemes Legislation Amendment Act 2025 amended section 37 of the Strata Schemes Management Act 2015 (NSW). The core duties in section 37(1) - acting honestly and fairly, exercise due care and diligence, and not misusing committee information - have applied since 1 July 2025.


From 1 October 2026, a committee member must also complete the mandatory training within three (3) months of appointment or election, including re-election at an AGM. NSW Fair Trading describes this as an annual requirement, with the current course covering the first year and further training expected from 2027.


Exemptions apply to:


  • committee members of two-lot schemes;

  • strata managing agents who are members of a committee;

  • members of the Australian College of Strata Lawyers; and

  • casual vacancy appointees serving less than three months.


Fair Trading still recommends exempt members give the secretary evidence of their exemption.


Consequences of non-compliance


No warning or enforcement step is required first - once the three-month period lapses, the person automatically ceases to be a committee member. Without good records, other members may not realise this has happened, and the former member may keep attending and voting.


Section 38 offers some protection, preserving the validity of committee decisions made in good faith despite a vacancy in the committee or a defect in the appointment, and Fair Trading guidance supports this where the committee didn’t know a member had ceased to hold office. Section 242 similarly allows the Tribunal to decline to invalidate proceedings absent substantial injustice. But schemes shouldn’t rely on these as a substitute for compliance – especially once a lapse is known, since continuing to let that person vote creates an avoidable risk, particularly on contentious decisions (renovations, levies, by-law enforcement) the owners may later challenge, including via inspection of records under section 182.


Fair Trading recommends secretaries:


  • keep records of training completion;

  • send a reminder at the two month mark if training isn’t done; and

  • issue a failure notice promptly once a deadline is missed.


Clear, contemporaneous records of who validly held office at any given time puts a scheme in a far stronger position if a decision is later challenged.


What should strata committees do now?


Build these steps into governance process before commencement:


  • Committee members should note their three-month deadline on appointment/election, complete the course in time, and give the secretary evidence of completion.

  • Secretaries/managing agents should maintain a register of appointment dates, training deadlines, completion certificates, and exemptions – incorporating Fair Trading’s recommended reminder and failure notice process into standard administration.

  • Large schemes (100+ lots require at least three (3) committee members) should watch for simultaneous vacancies, which could leave the remaining committee unable to form quorum, potentially requiring a general meeting.

  • Developers convening a first AGM after 1 October 2026 should flag the requirement early, ideally in handover material, to avoid new members inadvertently losing office soon after appointment.


The new training requirement is not onerous – the real challenge is compliance tracking. From 1 October 2026, knowing who was elected won’t be enough; schemes must also know whether those members remain entitled to sit and vote.


If you would like advice on the NSW strata reforms more generally, please contact our people.


Eollyn Cortes 0478 727 395

Sagang Chung 0431 435 333

Helen Jeon 0457 811 882

Comments


Featured Posts

SYDNEY

Suite 1, Level 27

420 George Street

Sydney NSW 2000

PO Box 4313, Sydney, NSW, 2001.

Ph: +61 2 8224 0200

ADELAIDE

Level 13

182 Victoria Square

Adelaide SA 5000

MELBOURNE

Level 3

257 Collins Street

Melbourne VIC 3000

NEWCASTLE

C1/116 Tudor Street

Hamilton NSW 2303

ACKNOWLEDGEMENT OF COUNTRY

Henry William Lawyers acknowledges the Traditional Custodians of the land where we work and live, the Gadigal of the Eora Nation. We pay our respects to Elders past, present and emerging. We celebrate the stories, culture and traditions of Aboriginal and Torres Strait Islander Elders of all communities who also work and live on this land.

Henry William Lawyers is an incorporated legal practice (which is a corporation for the purposes of the Corporations Act 2001 (Cth)), and not a partnership.  The use of the title ‘Partner’ is used to denote seniority and does not, and is not, intended to signify that Henry William Lawyers is a partnership or is contracting otherwise than as a corporation.

Liability limited by a scheme approved under Professional Standards Legislation.

bottom of page