Are there any Special Rules Applicable to Living in a Two-Lot Strata Scheme?

Telemon Lawyers > FAQs > Strata Law > NSW Strata Law > Are there any Special Rules Applicable to Living in a Two-Lot Strata Scheme?

Two-lot strata schemes face their own unique challenges in contrast to larger strata schemes. This is because two-lot strata schemes only involve two owners whereas larger strata schemes could involve 10, 20, 50 or over 100 lot owners in a particular strata scheme. For this reason, special provisions apply to living in a two-lot strata scheme that effect the insurance, sinking fund, voting and strata committee of the strata scheme.

Specifically, s 160(4) Strata Schemes Management Act 2015 (the Act) provides that owners in a two-lot strata scheme may obtain their own building insurance for their own lot in the following circumstances:

  • The owners in each lot determine by unanimous decision to use their own building insurance;
  • The buildings in each lot are physically detached from each other; and
  • No building or part of a building in the strata scheme is situated outside the lots.

Similarly, s 74(5) of the Act provides that in the above circumstances, there is no need to establish a Capital works fund.

In regards to the strata committee, the Act prescribes that the Strata committee is made up of:

  • The owner of each lot that has only one owner; and
  • The company nominee of each lot that is owned by a corporation; and
  • One co-owner of each lot if co-owned by co-owners (s 30).

Essentially this specifies that the two owners of each lot form the executive committee meaning that there is no need for an election in two-lot strata schemes.