Le Strata title Australien
Le "Strata Title" australien est l'équivalent de notre copropriété. La première législation fut adoptée en 1961dans l'Etat de Nouvelles Galles du Sud "New South Wales"
Chaque Etat dispose de sa propre législation.
Nous ajouterons au fur et à mesure l'ensemble des législations de ce pays en commençant par la toute première.
South Australia
Strata Titles Act 1988
An Act to provide for the division of land by strata plan; and for other purposes.
Contents
4 This Act and the Real Property Act to be read together as a single Act
Part 2—Division of land by strata plan
5 Nature of strata plan and requirements with which it must conform
Division 3—Proprietary incidents arising from deposit of strata plan
11 Vesting of public land in the council
Division 4—Amendment of deposited strata plan
12A Application may deal with statutory encumbrances
13 Amendment by order of ERD Court
16 Amalgamation of adjacent sites
Division 7—Cancellation of strata plan
Division 7A—Division of site under Part 19AB
17AAA Application for division
17A Procedure where the whereabouts of certain persons is unknown
Division 1—Constitution of strata corporation
19 Articles of strata corporation
19A Certain articles may be struck out by Court
20 Binding character of the articles
21 Unit holders are guarantors of strata corporation's liabilities
22 Restriction of payment by strata corporation to its members
23 Officers of strata corporation
Division 2—General functions, powers and duties
26A Delegation of functions or powers
Division 2A—Delegations by strata corporation
27A Delegation of corporation's functions and powers
Division 3—Special powers of strata corporation to maintain the integrity of the strata scheme
28 Power to enforce duties of maintenance and repair
31 Other insurance by strata corporation
32 Right of unit holders etc to satisfy themselves as to insurance
33 Holding of general meetings
33A Statement of expenditure etc
Division 6—Management committee
Division 6A—Agents' trust accounts
36C Trust money to be deposited in trust account
36D Withdrawal of money from trust account
36I Obtaining information for purposes of audit or examination
36J ADIs etc to report deficiencies in trust accounts
36L ADIs etc not affected by notice of trust
Division 7—Appointment of administrator
37 Administrator of strata corporation's affairs
38 Duties of the original proprietor in relation to strata corporation
39 Power to require handing over of property
41 Information to be furnished
Part 3A—Resolution of disputes
41AA Persons who may apply for relief
41A Resolution of disputes etc
42 Unit holder's power of entry
44A Body corporate may act as officer etc
45 Persons under disability etc
46 Relief where unanimous resolution required
48A Applications to Magistrates Court
50A Indemnity fund under Land Agents Act 1994
50B Review of operation of Act
Schedule 2—Transitional provisions
4 Continuation and completion of proceedings under the repealed provisions
Schedule 3—Articles of strata corporation
Appendix—Divisional penalties and expiation fees
The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Strata Titles Act 1988.
3—Interpretation
(1) In this Act, unless the contrary intention appears—
allotment means the whole of the land comprised in a certificate of title;
assistance animal has the same meaning as in the Equal Opportunity Act 1984;
body corporate manager—see section 27B;
building includes a fixed structure;
business day means any day except Saturday, Sunday or a public holiday;
ceiling includes a false or suspended ceiling;
the Commission means the Development Assessment Commission constituted under the Development Act 1993;
council means—
(a) in relation to a local government area—a municipal or district council;
(b) in relation to the parts of the State that lie outside local government areas—the Outback Areas Community Development Trust;
the Court means the Supreme Court of South Australia;
deposited in relation to a strata plan means deposited in the Lands Titles Registration Office by the Registrar-General;
easement includes a right of way;
encumbrance includes—
(a) a life estate or a lease; or
(b) a mortgage or charge; or
(c) a claim or lien; or
(d) an easement; or
(e) a caveat;
ERD Court means the Environment, Resources and Development Court established under the Environment, Resources and Development Court Act 1993;
fence includes a gate;
floor includes a stairway or ramp;
holder of a statutory encumbrance means—
(a) in relation to an agreement relating to the management, preservation or conservation of land lodged under Part 5 of the Development Act 1993—the Minister, greenway authority or council that entered into the agreement; or
(b) in any other case—the Minister responsible for the administration of the Act under which the encumbrance was entered into or is in force;
occupier in relation to a unit means a person who occupies the unit on a temporary or permanent basis (either solely or jointly with other persons) and includes a person who is unlawfully in occupation of a unit;
ordinary resolution of a strata corporation means a resolution passed at a properly convened meeting of the corporation by a simple majority of the votes of unit holders present and voting on the resolution;
original registered proprietor in relation to a strata scheme means the person who was, immediately before the deposit of the strata plan, the registered proprietor of an estate in fee simple in the land;
owner in relation to land means the proprietor of an estate in fee simple in the land;
public land means—
(a) land vested in a council;
(b) land controlled or managed by a council;
registered encumbrance means an encumbrance registered or entered on a certificate of title;
relevant animal means an assistance animal or a therapeutic animal;
site means the land comprised in a strata plan (as distinct from the buildings and other improvements to that land);
special resolution in relation to a strata corporation means a resolution as to which the following conditions are satisfied;
(a) at least 14 days' written notice, setting out the terms of the proposed resolution and any other information of a kind prescribed by regulation, is given to the unit holders;
(b) —
(i) in the case of a strata corporation in which there are only 3 units and the owner of each unit is entitled to 1 vote in respect of his or her unit—the resolution is passed at a properly convened meeting of the strata corporation at which either no vote, or only 1 vote, is cast against the resolution; or
(ii) in any other case—the resolution is passed at a properly convened meeting of the strata corporation at which the number of votes (if any) cast against the resolution is 25% or less of the total number of votes that could be cast at a meeting at which all unit holders are present and entitled to vote;
statutory encumbrance means—
(aaa) an Aboriginal heritage agreement entered into under the Aboriginal Heritage Act 1988;
(aa) an agreement under section 39D of the repealed City of Adelaide Development Control Act 1976 that is continued in force by virtue of the provisions of the Acts Interpretation Act 1915;
(a) an agreement relating to the management, preservation or conservation of land lodged under Part 5 of the Development Act 1993;
(b) any agreement or proclamation registered or noted on the title immediately before the commencement of the Development Act 1993 that is continued in force by virtue of the provisions of the Statutes Repeal and Amendment (Development) Act 1993;
(d) a heritage agreement entered into under the Heritage Act 1993;
(da) a heritage agreement entered into under the Native Vegetation Act 1991;
(db) an access agreement entered into under the Recreational Greenways Act 2000;
(e) a management agreement entered into under the River Murray Act 2003;
(ea) a management agreement entered into under the Upper South East Dryland Salinity and Flood Management Act 2002;
(f) any other encumbrance created by or under any statute and prescribed by the regulations for the purposes of this definition;
the strata community means those who reside or work at the units in a strata scheme;
strata corporation means a body corporate created under this Act on the deposit of a strata plan;
strata scheme means—
(a) the land comprised in a strata plan; and
(b) the buildings and other improvements on that land;
therapeutic animal has the same meaning as in section 88A of the Equal Opportunity Act 1984;
unanimous resolution in relation to a strata corporation means a special resolution passed without any dissentient vote at a general meeting of the corporation;
unit means an area shown on a strata plan as a unit;
unit holder means—
(a) a person registered as proprietor of an estate in fee simple in the unit;
(b) if the fee simple is divided into a life estate with a remainder or reversionary interest—the person registered as the proprietor of the life estate;
wall includes a door or window.
(2) For the purposes of this Act, land will be regarded as being adjacent to other land if the land—
(a) abuts on the other land; or
(b) is separated from the other land only by—
(i) a road, street, footpath, railway or thoroughfare; or
(ii) a reserve or other similar open space.
Note—
For definition of divisional penalties (and divisional expiation fees) see Appendix.
4—This Act and the Real Property Act to be read together as a single Act
This Act and the Real Property Act 1886 will be read together and construed as if the two Acts constituted a single Act.
Part 2—Division of land by strata plan
Division 1—The strata plan
5—Nature of strata plan and requirements with which it must conform
(1) A strata plan is a plan dividing land into—
(a) units (of which there must be at least two); and
(b) common property.
(2) A strata plan must comprise the whole of one or more allotments.
(3) A strata plan—
(a) must define the units to be created by the plan in a manner that allows the boundaries of each unit to be ascertained; and
(b) must assign to each unit a distinguishing number; and
(c) must have annexed to it a schedule of unit entitlements in relation to the units; and
(d) must delineate the boundaries of the land comprised in the plan; and
(e) must delineate in relation to those boundaries the external lateral boundaries of all buildings on the land; and
(f) must comply with any other requirements stipulated by the Registrar-General.
(4) A unit—
(a) must consist of, or include, the whole or a part of a building;
(b) need not be wholly within one or more buildings;
(c) may be below, on or above the surface of land;
(d) may be wholly on one storey or level or partly on one storey or level and partly on another or others;
(e) may include an area (a unit subsidiary)—
(i) for the separate use of the occupier of the unit; and
(ii) appurtenant to the portion of the unit designed for separate occupation.
(5) Subject to any explicit statement to the contrary in a strata plan, the following principles apply to the definition of a unit by strata plan—
(a) where a boundary is defined by reference to a wall or fence—the boundary is the inner surface of the wall or fence;
(b) where a boundary is defined by reference to a floor—the boundary is the upper surface of the floor;
(c) where a boundary is defined by reference to a ceiling or roof—the boundary is the under surface of the ceiling or roof.
(6) The common property comprises—
(a) any land or space that is not within a unit;
(b) any pipe, cable, wire, duct or drain that is not for the exclusive use of a unit;
(c) any structure that is not for the exclusive use of a unit installed before the deposit of the strata plan;
(d) any structure installed by a strata corporation as part of the common property;
(e) any other structure on the site committed to the care of a strata corporation as part of the common property.
(7) Subject to any explicit statement to the contrary in the strata plan, a wall or fence between a building that forms part of a unit and a unit subsidiary to that unit is part of the common property.
(8) The plan must conform with any requirements of the regulations as to the design of the strata scheme.
6—Unit entitlement
(1) The unit entitlement of a unit is a number assigned to the unit that bears in relation to the aggregate unit entitlements of all of the units defined on the relevant strata plan (within a tolerance of ± 10 per cent) the same proportion that the capital value of the unit bears to the aggregate capital value of all of the units.
(2) The unit entitlement of a unit must be expressed as a whole number.
(3) The aggregate unit entitlements of all units defined on a strata plan must, if the regulations so provide, be a number fixed in the regulations.
Division 3—Proprietary incidents arising from deposit of strata plan
9—Easements
The following easements exist, to the extent required by the nature of the strata scheme, between the units and between the units and common property:
(a) easements of support and shelter;
(b) easements allowing for the establishment and maintenance of pipes, ducts, cables and other equipment so that—
(i) a unit may be supplied with water, gas, electricity, heating oil, or air-conditioned air;
(ii) a unit may be connected to the telephone or to a radio or television antenna;
(iii) a unit may be connected to sewerage, garbage, drainage or other similar services.
10—Common property
(1) The common property is held by the strata corporation in trust for the unit holders.
(2) An equitable share in the common property attaches to each unit and cannot be alienated or dealt with separately from the unit.
(3) The extent of the share is proportioned to the unit entitlement of the unit.
11—Vesting of public land in the council
(1) Any land shown on a deposited strata plan as a road, street, thoroughfare, reserve or similar open space (except any such land shown on the plan as an easement or excluded by regulation from the application of this section) is vested in the council in fee simple free of any encumbrance.
(2) Any road, street or thoroughfare that vests in a council under subsection (1) will be regarded, for all purposes, as a public road, street or thoroughfare.
Division 4—Amendment of deposited strata plan
12—Application for amendment
(1) An application for the amendment of a deposited strata plan may be made only by the strata corporation.
(2) The applicant must provide evidence to the satisfaction of the Registrar-General—
(a) that the application is made in pursuance of a unanimous resolution duly passed at a properly convened meeting of the strata corporation;
(b) that any person with an encumbrance registered in relation to units or common property affected by the proposed amendment consents to the amendment;
(c) if units or common property affected by the proposed amendment are subject to a statutory encumbrance—that the holder of the statutory encumbrance consents to the amendment.
(2a) Where the amendment of a deposited strata plan would result in the extinguishment of an easement in respect of part of the dominant land, the consent of a person who has, or claims, an estate or interest in the servient land is not required in relation to that extinguishment if rights under the easement continue in existence in respect of some other part of the dominant land.
(3) The application must be accompanied by—
(c) if the amendment affects the delineation of units, common property or any buildings on the site—
(i) a plan indicating the changes to be effected by the amendment;
(ii) a certificate from a licensed surveyor in the prescribed form (which may be endorsed on the plan) certifying that the plan correctly delineates the units, the common property and the buildings on the site;
(iii) a certificate from a licensed valuer certifying the amount (if any) by which the value of any unit or the common property would be varied by the amendment; and
(d) if the amendment—
(i) consists of a variation of the unit entitlements of the units; or
(ii) affects the relative value of the units,
a fresh schedule of unit entitlements certified correct by a licensed valuer; and
(e) an instrument providing for the discharge of any registered encumbrance shown on the certificate or certificates of title of the units that should, in the opinion of the Registrar-General, be discharged; and
(f) such other documentary material as the Registrar-General may require.
(3a) Where—
(a) the erection or alteration of a building on the site causes an encroachment on land not included in the site; and
(b) the application for amendment relates (wholly or in part) to the erection or alteration of that building,
the application can only be accepted if—
(c) no part of a unit would, if the amendment were made, form part of the encroachment; and
(d) —
(i) the encroachment is over public land and the council within whose area the land is situated consents to the encroachment; or
(ii) the encroachment consists of the protrusion of footings, or footings and associated structures of a prescribed nature, by not more than the prescribed distance beyond the boundaries of the site, and the owner of the land over which the encroachment occurs consents to the encroachment; or
(iii) it is established to the Registrar-General's satisfaction that the encroachment is otherwise authorised by law.
(3b) If the amendment affects the delineation of units or common property, the Registrar?General must not deal with the application unless satisfied that the certificate from the Development Assessment Commission required by section 51 of the Development Act 1993 has been given, and is in force, in relation to the amendment.
(3c) The certificate from the Development Assessment Commission under section 51 of the Development Act 1993 expires at the expiration of 1 year after the application for amendment was lodged with the Registrar?General unless the Registrar?General extends the life of the certificate.
(4) Where due application is made for the amendment of a strata plan, the Registrar?General will, so far as the nature of this amendment requires—
(a) amend the plan in accordance with the application, or substitute a fresh strata plan;
(b) amend or endorse any certificate of title affected by the amendment, or cancel any such certificate and issue a new certificate or new certificates;
(c) substitute a fresh schedule of unit entitlements.
(4a) Where an application affected by an encroachment is accepted by the Registrar?General—
(a) unless the encroachment is over public land, the Registrar-General will, on the amendment of the plan, enter the encroachment on any relevant certificate of title; and
(b) any consent given in relation to the encroachment is binding on present and subsequent owners and occupiers of the land.
(5) Where part of a unit is, on the amendment of the strata plan by the Registrar-General, transferred to another unit or to common property, then—
(a) the part is discharged from any encumbrance (other than an easement or statutory encumbrance) registered over the unit from which it is transferred; and
(b) if the part is being transferred to another unit—the part will be held subject to any encumbrance registered over the whole of that unit.
(5a) Where part of the common property is, on the amendment of the strata plan by the Registrar-General, transferred to a unit, then—
(a) the part is discharged from any encumbrance (other than an easement or statutory encumbrance) registered over the common property; and
(b) the part will be held subject to any encumbrance registered over the whole of the unit.
(6) Where an amendment provides for—
(a) the division of a unit into two or more units; or
(b) the consolidation of two or more units into one unit,
any unit created by the amendment will be held subject to any registered encumbrance shown on the certificate or certificates of title (unless an instrument providing for the discharge of the encumbrance is lodged with the Registrar-General).
(7) An application for the amendment of a deposited strata plan that effects the transfer of an interest in land is a conveyance.
(8) If, on amendment of a deposited strata plan, part, but not the whole, of an allotment within the meaning of Part 19AB of the Real Property Act 1886 is to be included in the site or land is to be removed from the site, the application under this section will be taken to be an application for division under Part 19AB of the Real Property Act 1886 as well as being an application under this section and accordingly—
(a) both this section and Part 19AB apply to and in relation to the application; and
(b) if part of an allotment is to be included from outside the site, the application must be made jointly by the strata corporation and the registered proprietor of the allotment to be divided; and
(c) the Registrar-General may direct that a combined plan or two separate plans be lodged with the application.
12A—Application may deal with statutory encumbrances
Despite any other statutory provision to the contrary, the Registrar?General may treat an application for amendment of a deposited strata plan under this Division as if it included an application for the variation or termination of a statutory encumbrance if—
(a) the application specifies that variation or termination of a statutory encumbrance is to be registered or noted; and
(b) the application is accompanied by—
(i) a certificate signed by or on behalf of the holder of the statutory encumbrance certifying that the requirements of the Act under which the encumbrance was entered into, or is in force, as to the variation or termination of the statutory encumbrance (if any) have been complied with; and
(ii) such other documentary material in relation to the statutory encumbrance as the Registrar?General may require.
13—Amendment by order of ERD Court
(1) The ERD Court may, on application under this section, order the amendment of a strata plan.
(2) An application may be made under this section by—
(a) the strata corporation; or
(b) a unit holder; or
(c) any other person who has a registered interest in a unit; or
(d) an insurer of a unit or any of the common property.
(3) Such an application may only be made—
(a) for the purpose of correcting an error in the plan;
(b) for the purpose of varying the unit entitlements of the units;
(c) for the purpose of achieving amendments that have become desirable in view of damage to buildings within the strata scheme;
(d) for the purpose of achieving any other amendments that are desirable in the circumstances of the particular case.
(3a) If it appears to the ERD Court that the proposed amendment of the strata plan could adversely affect a person who is not a party to the proceedings, the ERD Court should not order the amendment unless the ERD Court is satisfied that the person has been notified of the possibility that such an order could be made and has been given a reasonable opportunity to make submissions to the Court in relation to the matter.
(3b) In determining an application under this section the ERD Court must have regard to the matters (if any) prescribed by regulation.
(4) The ERD Court may, on an application under this section, make—
(a) an order for amendment of the strata plan;
(b) any further orders that may be necessary to achieve justice between those affected by the amendment;
(c) incidental or ancillary orders.
(5) Where an order for the amendment of a strata plan is made, the Registrar-General will, on lodgement of the order and any other documentary material the Registrar-General requires, amend the plan in accordance with the order.
Division 6—Amalgamation
16—Amalgamation of adjacent sites
(1) Where the sites comprised in two or more deposited strata plans are adjacent to each other, the strata plans may be amalgamated to form a single strata plan.
(2) An application for amalgamation—
(a) must be under the common seals of the strata corporations affected by the proposed amalgamation; and
(b) must be endorsed with a statement to the effect that the application is made in pursuance of unanimous resolutions duly passed at properly convened meetings of the strata corporations; and
(c) must be endorsed with the consent of all persons (other than unit holders) with registered interests in the units; and
(d) must be accompanied by—
(i) a fresh strata plan prepared in accordance with this Act covering the proposed new site; and
(ia) a certificate from a licensed valuer certifying that the schedule of unit entitlements annexed to the fresh strata plan is correct; and
(iii) the articles proposed for the corporation to be created by the proposed amalgamation (unless the articles are to be in accordance with Schedule 3); and
(iv) such other documentary material as the Registrar-General may require.
(3) If the Registrar-General deposits the fresh strata plan in pursuance of an application under this section—
(a) the existing deposited strata plans will be cancelled and the fresh plan deposited in substitution for them;
(b) a new number will be assigned to the fresh plan;
(c) appropriate amendments will be made to the certificates for the units, or new certificates issued;
(d) a new certificate will be issued for the common property;
(e) the existing strata corporations will be dissolved and a new strata corporation created;
(f) the assets and liabilities of the strata corporations will vest in or attach to the strata corporation created on deposit of the fresh plan.
Division 7—Cancellation of strata plan
17—Cancellation
(1) A deposited strata plan may be cancelled—
(a) by lodging an instrument of cancellation with the Registrar-General; or
(b) by order of the ERD Court.
(2) An instrument of cancellation must be under the seal of the strata corporation and endorsed with the approval of—
(a) all unit holders;
(b) all other persons with registered interests in a unit or the common property.
(3) An instrument of cancellation must be accompanied by—
(b) such other documentary material as the Registrar-General may require.
(4) An application for an order of the ERD Court cancelling a strata plan may be made by—
(a) the strata corporation;
(b) a unit holder;
(c) any other person who has a registered interest in a unit.
(4a) If it appears to the ERD Court that the proposed cancellation of the strata plan could adversely affect a person who is not a party to the proceedings, the ERD Court should not order the cancellation unless the ERD Court is satisfied that the person has been notified of the possibility that such an order could be made and has been given a reasonable opportunity to make submissions to the Court in relation to the matter.
(4b) In determining an application under this section the ERD Court must have regard to the matters (if any) prescribed by regulation.
(5) If the ERD Court makes an order for the cancellation of a strata plan, the strata corporation must lodge with the Registrar?General a copy of the order together with an application to note the order.
(6) The Registrar-General must, if satisfied that all terms of the order that are to be complied with before the cancellation of the plan (if any) have been complied with, cancel the strata plan by making an endorsement to that effect on the strata plan and making a note of the cancellation in the Register Book on every certificate affected by the cancellation.
(7) On cancellation of a strata plan—
(a) all land comprised in the plan (other than land vested in the council) vests in fee simple in the former registered proprietors of the units as tenants in common in proportions fixed by reference to the unit entitlements of their respective units;
(b) the strata corporation is dissolved;
(c) the liabilities of the former strata corporation will attach directly to the former registered proprietors jointly and severally (but they will be entitled to contribution amongst each other in proportions determined by reference to the unit entitlements of the former units);
(d) subject to any order of the ERD Court, the assets of the former strata corporation will be divided between the former registered proprietors in proportions determined by reference to the unit entitlements of the former units.
(7a) The estate vested in a former registered proprietor of a unit under subsection (7)(a) will be subject to—
(a) any estate or interest that was, immediately prior to the cancellation of the strata plan, entered on the certificate of his or her unit; and
(b) at the request of the registered proprietor of the servient tenement and the dominant tenement (if any)—any easement that was discharged when the strata plan was originally deposited in the Lands Titles Registration Office.
(8) For the purposes of subsection (7), the former registered proprietor of a unit is the person who was the registered proprietor of the unit immediately before the cancellation of the plan.
(9) On cancellation of a deposited strata plan, the site becomes an allotment for the purposes of Part 19AB of the Real Property Act 1886 but if that land had been comprised of two or more allotments before division under this Act those allotments are not revived.
Division 7A—Division of site under Part 19AB
17AAA—Application for division
(1) A strata corporation may apply to the Registrar-General for the division of the site under Part 19AB of the Real Property Act 1886 and for that purpose the site will be taken to be an allotment within the meaning of Part 19AB and the strata corporation will be taken to be the registered proprietor of the site.
(2) The plan of division lodged with the application must be endorsed with the consent of the owners of the units comprising the site as well as the consents of the other persons required by Part 19AB Division 2 of the Real Property Act 1886.
(3) On deposit of the plan of division under Part 19AB the strata plan is cancelled, the strata corporation is dissolved and—
(a) the liabilities of the former corporation attach directly to the owners of the former units jointly and severally (but they will be entitled to contribution amongst each other in proportions determined by reference to the unit entitlements of the former units);
(b) the assets of the former strata corporation (excluding the common property) will be divided between the owners of the former units in proportions determined by reference to the unit entitlements of the former units.
(4) The cancellation of a strata plan on the deposit of a plan of division under Part 19AB revokes the articles of the strata corporation.
(5) If, on the division of a site under this Division, the land comprising the former site is transferred to the owners of the former units in the same shares as if the strata plan had been cancelled under Division 7, no duty is payable under the Stamp Duties Act 1923 in respect of the transfer.
Division 8—Supplementary
17A—Procedure where the whereabouts of certain persons is unknown
(1) Where—
(a) application is made to the Registrar-General under Division 4; and
(b) a person's consent to the application, or in respect to some other related matter under the relevant Division, is required; and
(c) the Registrar-General is satisfied by such evidence as the Registrar-General may require—
(i) that the applicant has been unable, after making reasonable inquiries, to ascertain the whereabouts of the person; and
(ii) that the applicant has complied with the notice requirements under subsection (2); and
(iii) that at least 28 days have elapsed since the applicant complied with those requirements; and
(iv) that no objection has been lodged by the person; and
(d) the Registrar-General determines (in his or her absolute discretion) that it is reasonable to proceed without the consent,
the person will be taken to have given his or her consent.
(2) The notice requirements referred to in subsection (1)(c)(ii) are that the applicant has—
(a) posted to the person whose consent is required, at the last address of the person appearing in the Register Book, a notice containing the prescribed information; and
(b) published a copy of the notice in a newspaper circulating generally throughout the State; and
(c) in a case involving an encroachment, left a copy of the notice in a conspicuous place on or near the land over which the encroachment has occurred.
17B—Creation of easements
(1) Where it appears that land within a site is intended to be the dominant or servient tenement of an easement created on the deposit or amendment of a strata plan, the applicant for the deposit or amendment of the plan must lodge with the Registrar-General an instrument, in a form approved by the Registrar-General—
(a) describing the land (if any) to which the easement will be appurtenant; and
(b) describing the land that will be subject to the easement; and
(c) setting out the terms of the easement.
(2) The instrument referred to in subsection (1) must be executed by the registered proprietor of the land that will be subject to the easement and—
(a) where the easement will be appurtenant to land—the registered proprietor of that land; or
(b) where the easement will not be appurtenant to any land—the person who will be entitled to exercise rights conferred by the easement.
(3) On the deposit or amendment of the strata plan (as the case may be), the easement vests in—
(a) where the easement will be appurtenant to land—the registered proprietor of that land; or
(b) where the easement will not be appurtenant to any land—the person who will be entitled to exercise rights conferred by the easement.
Part 3—The strata corporation
Division 1—Constitution of strata corporation
18—Name of strata corporation
(1) The name of a strata corporation is "Strata Corporation No. Incorporated" (the number being the number of the deposited strata plan).
(2) The abbreviation "Inc." may be used in place of the word "Incorporated".
(3) The strata corporation must have a common seal bearing its name.
(4) All the unit holders of the units are members of the strata corporation.
19—Articles of strata corporation
(1) Subject to this section, the articles of a strata corporation will be as set out in Schedule 3.
(2) A strata corporation may by special resolution—
(a) adopt articles in substitution for those set out in Schedule 3; or
(b) revoke or vary articles previously so adopted.
(3) A resolution under subsection (2) has no effect until a copy of the resolution certified in the prescribed manner and accompanied (where appropriate) by the substituted articles, or the variation to the articles, is lodged with the Registrar-General.
(3a) The articles of a strata corporation may impose a penalty, not exceeding the prescribed amount, for contravention of, or failure to comply with, any articles.
(3b) The following provisions apply in relation to a penalty imposed on a person for contravention of, or failure to comply with, articles:
(a) the penalty is (despite section 29 of the Acts Interpretation Act 1915) payable to the strata corporation in accordance with this subsection;
(b) subject to the making of an application under paragraph (e), the penalty is payable by the person on the date specified for payment in a notice served by the corporation on the person;
(c) the notice must—
(i) be in writing in the form prescribed by regulation; and
(ii) specify the amount of the penalty payable and a date for payment (being not less than 60 days after the notice is served);
(d) the penalty payable under the notice is recoverable by the strata corporation as a debt and, in the case of a notice served on a unit holder, may be recovered by the strata corporation as if it were a contribution payable to the strata corporation under section 27 (and interest will be payable on the penalty amount in the same way as if it were such a contribution);
(e) the person may, within 60 days after service of the notice, apply to the Magistrates Court for revocation of the notice and the Court must grant the application if either—
(i) the Court is not satisfied that the person committed the contravention or failure alleged in the notice; or
(ii) the Court is satisfied that the contravention or failure alleged in the notice is trifling;
(f) the strata corporation is a party to an application under paragraph (e) and bears the onus of proving, on the balance of probabilities, that the person committed the contravention, or failure alleged in the notice;
(g) if an application is made in accordance with paragraph (e), the penalty specified in the notice is not payable unless the application for revocation is withdrawn or otherwise discontinued by the applicant or is dismissed or refused by the Court (and, in such a case, the penalty will be payable on the date on which the application is so withdrawn, discontinued, dismissed or refused or on the date for payment specified in the notice, whichever occurs later).
(3c) A person's contravention of, or failure to comply with, articles will, for the purposes of this section, be regarded as trifling if, and only if, the person establishes that the circumstances surrounding the commission of the contravention or failure were such that he or she ought to be excused from the imposition of a penalty on the ground that—
(a) there were compelling humanitarian or safety reasons for the conduct that allegedly constituted the contravention or failure; or
(b) the person could not, in all the circumstances, reasonably have averted committing the contravention or failure; or
(c) the conduct allegedly constituting the contravention or failure was merely a technical, trivial or petty instance of a contravention of or failure to comply with the relevant articles.
(3d) The regulations may make further provision in relation to enforcement of the articles of a strata corporation.
(4) The articles of a strata corporation cannot—
(a) prevent or restrict alienation of a unit by a unit holder; or
(b) prevent or restrict a unit holder from leasing or granting rights of occupation in respect of a unit; or
(c) prevent an occupier of a unit who has a disability from keeping a relevant animal at the unit, or restrict the use of a relevant animal by the occupier if the relevant animal is trained to assist the occupier in respect of the disability; or
(d) prevent a visitor to a unit who has a disability from using a relevant animal trained to assist the visitor in respect of the disability.
(5) In this section—
prescribed amount, in relation to a penalty imposed under articles of a strata corporation, means—
(a) if the strata scheme only includes units that are used, or are intended to be used, solely or predominantly for business or commercial purposes—$2 000; or
(b) in any other case—$500.
19A—Certain articles may be struck out by Court
(1) Any articles that—
(a) reduce the value of a unit; or
(b) unfairly discriminate against a unit holder,
may be struck out by order of the Magistrates Court or the District Court on an application made under Part 3A.
(2) An application referred to in subsection (1) can only be made by a person who was a unit holder when the articles came into force and must be made within 3 months after the person (or either or any of the unit holders where the unit is held by 2 or more persons) first knew, or could reasonably be expected to have known, that the articles had been made.
(3) For the purposes of this section, a reference to a unit holder includes a person who has contracted to purchase the unit.
20—Binding character of the articles
(1) The articles of a strata corporation are binding on—
(a) the corporation; and
(b) the unit holders; and
(c) insofar as they affect the use of units or the common property—occupiers of units who are not unit holders.
(2) A unit holder or mortgagee in possession of a unit must take reasonable steps to ensure that an occupier of the unit who is not a unit holder complies with the articles of the strata corporation.
21—Unit holders are guarantors of strata corporation's liabilities
(1) If a strata corporation defaults in payment of a pecuniary liability, the liability is enforceable against the unit holders jointly and severally.
(2) The unit holders have amongst themselves a right of contribution determined by reference to the respective unit entitlements of the various units.
22—Restriction of payment by strata corporation to its members
(1) Except as authorised by or under this Act, or by order of the Court, a strata corporation must not make any payment to any of its members.
(2) Subsection (1) does not prevent—
(a) reasonable payments to a member for services provided to the strata corporation by that member;
(b) the reimbursement of costs or expenses incurred by a member on behalf of the strata corporation.
23—Officers of strata corporation
(1) A strata corporation must have the following officers:
(a) a presiding officer (to preside at meetings of the corporation); and
(b) a secretary; and
(c) a treasurer.
(1a) Unless all of the units comprised in the strata scheme consist of non-residential premises, the officers of a strata corporation must be unit holders.
(2) Any two or more of the above offices may be held simultaneously by the same person.
(3) Until the first appointments are made to the above offices, they will be held by the original proprietor (or, if the original proprietor is a body corporate, by its nominee or in the absence of a nominee, by its secretary).
(4) Appointments to the above offices must be made by the strata corporation at a general meeting of the corporation.
(5) A strata corporation must not allow any of the above offices to remain vacant for more than six months.
(6) A strata corporation may appoint or engage a person to assist any person appointed under this section as an officer of the corporation.
24—Contractual formalities
A strata corporation contracts as follows:
(a) a contract may be entered into under the common seal of the corporation; or
(b) a contract may be entered into by an officer or agent authorised by the corporation to enter into the contract on its behalf.
Division 2—General functions, powers and duties
25—Functions
The functions of the strata corporation are as follows:
(a) to administer and maintain the common property for the benefit of the unit holders and, to such extent as may be appropriate, other members of the strata community; and
(b) to administer all other property of the corporation; and
(c) to enforce the articles of the corporation.
26—General powers
(1) For the purpose of carrying out its functions, a strata corporation may—
(a) acquire, deal with and dispose of real and personal property (including an interest in a unit) and rights in relation to real and personal property;
(b) borrow money and obtain other forms of financial accommodation;
(c) open and maintain accounts at ADIs;
(d) invest money not immediately required for its purposes—
(i) in investments in which trustees are authorised by statute to invest trust funds; or
(ii) in any prescribed investment;
(e) enter into any kind of contract or arrangement;
(f) do anything reasonably incidental to its functions under this Act.
(2) A strata corporation cannot acquire property unless—
(a) the property is reasonably required for the purposes of the corporation or for the use or benefit of the strata community;
(b) in the case of real property, the property is a unit within the site or is adjacent to the site.
(3) A strata corporation cannot acquire, deal with or dispose of real property unless authorised by unanimous resolution of the corporation.
(4) The strata corporation may, if authorised to do so by unanimous resolution of the corporation, grant to a unit holder an exclusive right to occupy part of the common property for a specified period.
(5) A strata corporation may only dispose of real property that has been held as common property if the property no longer forms part of the site.
(6) If a strata corporation sells real property, any money received in respect of the sale must, after paying the costs of the sale and any associated expenses, be paid into the funds of the corporation and used to meet any outstanding administrative expenses or other liabilities of the corporation and any remaining balance may then, by unanimous resolution of the corporation, be divided between the unit holders in proportion to the unit entitlements of their respective units.
26A—Delegation of functions or powers
A strata corporation can only delegate its functions or powers to the extent permitted by Division 2A.
27—Power to raise money
(1) A strata corporation may raise such funds (including reserve funds for future expenditure of a capital nature) as it thinks necessary.
(2) For the purpose of raising funds the strata corporation may, by ordinary resolution, levy contributions against all unit holders.
(3) The contributions—
(a) will be proportional to the unit entitlements of the various units; or
(b) will be determined on such other basis as the strata corporation decides by unanimous resolution.
(4) A strata corporation may, by ordinary resolution—
(a) permit contributions to be paid in instalments specified in the resolution; and
(b) fix (in accordance with the regulations) interest payable in respect of a contribution, or an instalment of a contribution, that is in arrears.
(5) The strata corporation may recover an unpaid contribution (and interest on any such contribution), as a debt, from the unit holder of the unit in respect of which the contribution is payable (whether or not that person was the unit holder when the liability arose).
(6) If the strata corporation carries out work that wholly or substantially benefits a particular unit or group of units, the corporation may, subject to any agreement to the contrary, recover the cost of that work as a debt from the unit holder or unit holders of the unit or units.
(7) Where the cost referred to in subsection (6) is recoverable from two or more unit holders, the extent of their liability will be proportioned according to the unit entitlements of their respective units.
(8) An amount paid by a person under this section is not recoverable by the person from the strata corporation when he or she ceases to be a unit holder.
Division 2A—Delegations by strata corporation
27A—Delegation of corporation's functions and powers
(1) A strata corporation may delegate any of its functions and powers (except this power of delegation) to a member or employee of the corporation.
(2) A strata corporation may delegate the following functions and powers to any person:
(a) the receipt and holding of money and other personal property on behalf of the corporation;
(b) payment of money on behalf of the corporation;
(c) the preparation of statements of expenditure and proposed expenditure and statements of accounts;
(d) the collection of money due to the corporation;
(e) entering into contracts of insurance with insurers on behalf of the corporation;
(f) maintaining and keeping records on behalf of the corporation;
(g) issuing and signing notices on behalf of the corporation;
(h) preparing minutes of meetings of the corporation;
(i) providing information as required by the Act on behalf of the corporation;
(j) investing money on behalf of the corporation;
(k) arranging for the maintenance and repair of the common property on behalf of the corporation.
(3) A delegation by a strata corporation is to be made by ordinary resolution of the strata corporation.
(4) However, a strata corporation cannot delegate a function or power under subsection (1) or (2) if the function or power is of a kind that can only be performed or exercised by the corporation by passing a special or unanimous resolution.
(5) A delegation by a strata corporation—
(a) may be absolute or conditional; and
(b) does not derogate from the power of the corporation to act in any matter; and
(c) is—
(i) in a case where there is a contract relating to the delegation between the corporation and a body corporate manager—revoked on termination or expiry of the contract; or
(ii) in any other case—revocable by the corporation at any time by notice given in writing (notwithstanding any agreement to the contrary by the corporation).
27B—Body corporate managers
(1) This section applies to a delegation of functions or powers by a strata corporation if—
(a) the delegation is made to a person (the body corporate manager) who carries on a business, or is an employee in a business, that consists of, or includes, acting as a delegate of strata corporations or of community corporations under the Community Titles Act 1996; and
(b) the delegation is made after the commencement of this section or a contract, between the body corporate manager and the corporation, relating to the delegation is made, renewed or extended after the commencement of this section; and
(c) it is proposed that the body corporate manager be remunerated in respect of work performed in exercising the delegated functions or powers.
(2) A body corporate manager is only entitled to receive remuneration in respect of work performed in exercising functions or powers under a delegation to which this section applies if—
(a) the body corporate manager and the strata corporation enter into a contract in compliance with subsections (3) and (8); and
(b) the body corporate manager, prior to entering into the contract referred to in paragraph (a), provided the strata corporation with documents of a kind prescribed by regulation verifying the body corporate manager's entitlement to act as a body corporate manager and any other prescribed matter; and
(c) the body corporate manager, whilst performing such work, maintains professional indemnity insurance complying with the requirements prescribed by the regulations,
(and if a body corporate manager has received, from a strata corporation, remuneration to which he or she is not entitled under this subsection, the strata corporation may recover the amount of the remuneration as a debt).
(3) The contract must—
(a) be in writing; and
(b) specify the term of the contract; and
(c) set out the functions or powers to be delegated; and
(d) specify the rights of the strata corporation under subsection (4); and
(e) set out the remuneration payable to the body corporate manager in respect of the work performed in exercising the delegated functions or powers, or set out the basis on which such remuneration is to be calculated; and
(f) contain any other particulars required by the regulations; and
(g) have annexed to it a copy of each document provided by the body corporate manager in accordance with subsection (2)(b).
(4) Where—
(a) there is a contract (other than a contract that is for a period of 12 months or less) in force between a strata corporation and a body corporate manager; and
(b) the strata corporation has had relevant contractual arrangements with the body corporate manager for a continuous period of at least 12 months,
the strata corporation may terminate the contract by written notice given to the body corporate manager at least 28 days (or a lesser period specified in the contract) before the termination of the contract is to come into effect.
(5) For the purposes of subsection (4)(a), the period of a contract is the term of the contract disregarding any renewal period that may occur at the end of that term unless the renewal occurs at the option of the body corporate manager (in which case the period of the contract will be taken to include the period of the renewal).
(6) The right of a strata corporation to terminate a contract under subsection (4) is in addition to, and does not derogate from, any other right of the strata corporation to terminate the contract.
(7) A decision to terminate a contract in accordance with subsection (4) is to be made by ordinary resolution of the strata corporation.
(8) The body corporate manager must ensure that a copy of the contract, and any other prescribed information or document of a kind prescribed by regulation is available for inspection by unit holders at least 5 clear days before the date of the meeting at which the corporation is to consider whether or not to enter into the contract.
(9) The body corporate manager must, at the request of any member of the corporation, make a copy of the body corporate manager's policy of professional indemnity insurance available for inspection and copying by the member within 3 business days of the request.
Penalty: Division 9 fine.
(10) The Minister may, by notice in the Gazette, exempt body corporate managers from compliance with subsection (2)(c) for such period as the Minister thinks fit.
(11) An exemption granted by the Minister under subsection (10)—
(a) may be subject to conditions specified in the notice of exemption; and
(b) may be varied or revoked by the Minister at any time by subsequent notice in the Gazette.
(12) In this section—
relevant contractual arrangements mean contractual arrangements relating to a delegation of functions or powers by a strata corporation to a body corporate manager.
27C—General duties
(1) For the avoidance of doubt—
(a) the body corporate manager stands in a fiduciary relationship with the strata corporation; and
(b) the duties owed by the body corporate manager under this Act are in addition to, and do not derogate from, the duties arising out of that fiduciary relationship.
(2) Without derogating from subsection (1), a body corporate manager—
(a) must act honestly and in good faith in the performance of the manager's functions; and
(b) must exercise due care and diligence in the performance of the manager's functions; and
(c) must not make improper use of the manager's position to gain, directly or indirectly, an advantage personally or for any other person.
27D—Offences
(1) A delegate of a strata corporation who has a direct or indirect pecuniary interest in a matter in relation to which he or she proposes to perform delegated functions or powers must disclose the nature of the interest, in writing, to the corporation before performing the functions or powers.
Penalty: Division 4 fine.
Example—
For example, if the delegate would receive a commission from a person for placing business of the strata corporation with that person, it would be an offence to fail to disclose that fact before placing business with the person. Similarly, if the delegate were to profit by placing business of the strata corporation with a related body corporate, it would be an offence to fail to disclose that fact before placing business with the related body corporate.
(2) If an employee or agent of a delegate has a direct or indirect pecuniary interest in a matter, the delegate is, for the purposes of subsection (1), taken to have a direct or indirect pecuniary interest in the matter.
(3) A delegate who is a unit holder is not obliged by subsection (1) to disclose an interest that he or she has in common with all of the unit holders.
(4) It is a defence to a charge of an offence against subsection (1) for the defendant to prove that he or she did not know and could not reasonably have been expected to know of his or her interest in the matter.
(5) A delegate of a strata corporation must, on application by a unit holder, provide the applicant, on a quarterly basis, with a statement setting out details of dealings by the delegate with the corporation's money (and must continue to so provide the statements until the applicant ceases to be a unit holder or revokes the application).
Maximum penalty: $500.
(6) If all delegations by a strata corporation to a delegate are revoked, the delegate must return to, or make available for collection by, the corporation—
(a) all records of the corporation held by the delegate; and
(b) all trust money held pursuant to the delegations,
in accordance with any requirements prescribed by the regulations.
Penalty: Division 7 fine.
(7) A delegate of a strata corporation who holds records of the corporation must, at the request of any unit holder—
(a) make those records available for the unit holder to inspect within 10 business days of the request; and
(b) provide the unit holder with a copy of any of the records on payment of a fee (not exceeding a fee calculated in accordance with the regulations).
Penalty: Division 9 fine.
Division 3—Special powers of strata corporation to maintain the integrity of the strata scheme
28—Power to enforce duties of maintenance and repair
(1) A strata corporation may, by notice in writing to a unit holder, require the unit holder—
(a) to carry out specified work in pursuance of a duty of maintenance or repair imposed on the unit holder by the articles;
(b) to carry out specified work to remedy a breach of this Act or the articles on the part of the unit holder, a former unit holder, or an occupier or former occupier of the unit;
(c) to carry out specified work required to be carried out on the unit by a public authority or council.
(2) If the unit holder does not comply with a requirement imposed under this section within the time allowed in the notice, a person or persons authorised by the strata corporation may (using such force as may be reasonably necessary in the circumstances) enter the unit and carry out the specified work.
(3) A power of entry must not be exercised under subsection (2) unless the unit holder and the occupier of the unit have been given at least 2 days notice in writing of the proposed entry.
(3a) Despite any other provision of this section, an officer of a strata corporation or a person or persons authorised by a strata corporation may, if satisfied that urgent action is necessary to avert a risk of death or injury or significant damage to property, enter a unit (using such force as may be reasonably necessary in the circumstances) and carry out such work as is reasonably necessary to deal with the risk.
(3b) A person proposing to enter a unit in accordance with subsection (3a) must give such notice (if any) to the unit holder and the occupier of the unit as he or she considers reasonable in the circumstances.
(4) Any cost reasonably incurred by the strata corporation in having work carried out under this section may be recovered as a debt from the unit holder.
(5) Where—
(a) the strata corporation recovers costs from a unit holder under subsection (4); and
(b) the circumstances out of which the work was required are attributable to the act or default of another person,
the unit holder may in turn recover those costs from that other person as a debt.
29—Alterations and additions
(1) Subject to subsection (1a), a person must not carry out prescribed work in relation to a unit unless the person is authorised to do so—
(a) where all of the units comprised in the strata scheme consist of non-residential premises—under the articles of the strata corporation; or
(b) in any case—by special resolution of the strata corporation.
(1a) Subsection (1) does not apply to prescribed work carried out in compliance with a direction under section 23 of the Housing Improvement Act 1940.
(2) Where a person acts in contravention of this section, the strata corporation may, by notice in writing to the unit holder, require him or her to carry out, within a reasonable period fixed in the notice, specified work—
(a) to remedy any structural deficiency caused by the work; or
(b) to restore the unit to its previous state.
(6) In this section—
prescribed work in relation to a unit means—
(a) the erection, alteration, demolition or removal of a building or structure;
(b) the alteration of the external appearance of a building or structure.
Division 4—Duty to insure
29A—Application of Division
This Division does not apply to a strata corporation if all units comprised in the strata scheme are held by the same registered proprietor and no unit comprised in the strata scheme is subject to a contract for sale.
30—Duty to insure
(1) A strata corporation must keep all buildings and building improvements on the site insured to their replacement value.
(2) The replacement value of buildings and building improvements is the cost of their complete replacement including the cost of any necessary preliminary demolition work, any necessary surveying, architectural or engineering work and any other associated or incidental costs.
(3) The insurance must be against—
(a) risks of damage caused by events (other than subsidence) declared to be prescribed events in relation to home building insurance under Part 5 of the Insurance Contracts Act 1984 of the Commonwealth; and
(b) risks against which insurance is required by the regulations.
(4) Any money to which a strata corporation is entitled under a contract of insurance in relation to damage to buildings or building improvements must, subject to any contrary order of the Court, be applied by it in reinstating or repairing those buildings or building improvements.
31—Other insurance by strata corporation
(1) A strata corporation must keep itself insured against liability in tort.
(2) The insurance cover must be for at least $5 000 000 or such greater amount as the regulations may prescribe.
(2a) A strata corporation (other than a corporation of a kind prescribed by regulation) must maintain fidelity guarantee insurance complying with the requirements prescribed by the regulations.
Penalty: Division 4 fine.
(2b) The Minister may, by notice in the Gazette, exempt strata corporations from compliance with subsection (2a) for such period as the Minister thinks fit.
(2c) An exemption granted by the Minister—
(a) may be subject to conditions specified in the notice of exemption; and
(b) may be varied or revoked by the Minister at any time by subsequent notice in the Gazette.
(3) A strata corporation must keep itself insured against any other liability—
(a) determined by special resolution of the corporation; or
(b) prescribed by the regulations.
32—Right of unit holders etc to satisfy themselves as to insurance
(1) A strata corporation must, within 5 business days after the making of a request by a unit holder, a mortgagee of a unit or a prospective purchaser or mortgagee of a unit, produce for inspection all current policies of insurance taken out by the corporation.
(2) A request under subsection (1) may be addressed to the secretary.
Division 5—General meetings
33—Holding of general meetings
(1) A strata corporation may hold a meeting of its members (a general meeting) at any time.
(2) Such a meeting may be convened by—
(a) the secretary; or
(b) if the corporation has a management committee—any two members of the committee; or
(c) the unit holders of one-fifth or more of the total number of units; or
(d) in the case of the first such meeting—the original registered proprietor; or
(e) order of the Magistrates Court (made on the application of a person of a class specified in section 41AA).
(3) A meeting is convened by giving written notice of the day, time and place of the meeting to all unit holders at least 14 days before the date of the meeting.
(3aa) A unit holder may not nominate another person to be given notices referred to in subsection (3) on his or her behalf (although nothing prevents the strata corporation from agreeing to provide notices to such a person in addition to the unit holder).
(3a) A person or group of persons proposing to convene a meeting of the members of a strata corporation should take reasonable steps to ensure that the proposed day, time and place are reasonably convenient to a majority of members of the corporation.
(4) The corporation must hold at least one such meeting (the annual general meeting) in every calendar year and no more than 15 months after the last such meeting.
(4a) The notice convening a general meeting must set out the agenda for the meeting.
(4b) The agenda must include—
(a) the text of any unanimous or special resolutions to be moved at the meeting; and
(b) a motion confirming the minutes of the previous general meeting; and
(c) in the case of an annual general meeting—
(i) presentation of the accounts for the previous accounting period; and
(ii) contributions to be paid by members for the current accounting period; and
(iii) presentation of statements required under section 33A; and
(iv) presentation of copies of all insurance policies required under this Act; and
(v) such other matters as are required by regulation.
(5) Subject to subsection (6), no business may be transacted at a general meeting of the corporation unless a quorum, consisting of persons entitled to exercise the voting power in respect of not less than one-half of the units, is present at the time when the meeting proceeds to business.
(6) If a quorum is not formed within half an hour of the time appointed for a general meeting of the corporation—
(a) the unit holders present must appoint another day for the meeting, being a day at least seven days but not more than 14 days away; and
(b) the meeting then stands adjourned to that day at the same place and time; and
(c) if the quorum is not formed at the adjourned meeting within half an hour of the relevant time, the persons who are present and entitled to vote constitute a quorum.
(7) Where a meeting of the corporation is adjourned under subsection (6), the secretary of the corporation must cause reasonable notice of the day, place and time of the adjourned meeting to be given, in writing, to the unit holders.
(8) Subject to subsection (9), in the absence of the presiding officer, a person present may be appointed to preside at the meeting by the persons present and entitled to vote at the meeting.
(9) A person who is a body corporate manager in relation to a corporation, or is an employee of such a body corporate manager, may preside at a meeting of the corporation if a majority of the persons present and entitled to vote at the meeting agree to that person presiding (and the body corporate manager or employer is taken not to be entitled to vote for that purpose except in circumstances prescribed by the regulations).
(10) The regulations may make further provision in relation to the procedures to be followed at a meeting at which a body corporate manager, or an employee of a body corporate manager, is to preside.
(11) A unit holder may, in accordance with any requirements prescribed by regulation, attend, and vote, at a meeting by telephone, video?link, Internet connection or any similar means of remote communication (provided that no obligation lies on a strata corporation to provide such facilities to unit holders who wish to attend or vote in such a manner).
(12) In this section—
accounting period, for a strata corporation, means the accounting period for the corporation under section 40(2).
33A—Statement of expenditure etc
(1) A statement setting out the following information must be presented by a strata corporation to each annual general meeting of the corporation:
(a) proposed expenditure (other than recurrent expenditure) for the period prescribed by the regulations for the purposes of this paragraph (which must not exceed 5 years);
(b) the estimated expenditure of a recurrent nature and the estimated expenditure of a non?recurrent nature to be made by the corporation in the current financial year;
(c) the estimated expenditure in future years for which funds should be raised now and held in reserve;
(d) the amount to be raised by way of contributions from unit holders to cover the expenditure referred to in paragraphs (b) and (c).
(2) New information must be prepared for the purposes of subsection (1)(a) at the times prescribed by regulation.
(3) A statement presented to a meeting in accordance with this section forms part of the minutes of the meeting.
(4) The regulations may exclude a strata corporation of a specified class from the operation of subsections (1)(a) and (2).
(5) In this section—
recurrent, in relation to expenditure, means expenditure for a particular purpose that is normally made every year or more frequently.
34—Voting at general meetings
(1) Subject to this section, at a general meeting of a strata corporation, one vote may be exercised in respect of each unit on any matter arising for decision.
(2) If—
(a) all of the units comprised in the strata scheme consist of non-residential premises; and
(b) the strata corporation has, by unanimous resolution, decided to adopt the voting system provided by this subsection,
then a number of votes is exercisable in respect of each unit equivalent to the unit entitlement of the unit.
(2a) A unit holder may nominate another person (a proxy) to attend and vote at meetings on his or her behalf.
(3) A vote may be exercised as follows:
(a) it may be exercised (subject to paragraph (b)) by the unit holder or a proxy of the unit holder;
(b) if there are two or more unit holders in respect of the same unit, the following provisions apply:
(i) if only one attends the meeting—the vote is exercisable by that unit holder;
(ii) if two or more attend the meeting—the vote is exercisable by one of them on behalf of all in accordance with an agreement between them or, if there is no such agreement, by the unit holder whose name appears first on the certificate of title for the unit.
(3a) The nomination of a person as a proxy of a unit holder—
(a) must—
(i) be made by written notice to the secretary of the strata corporation; and
(ii) specify whether the nominated person—
(A) is nominated to attend and vote at all meetings, and in relation to all matters, on behalf of the unit holder; or
(B) is nominated to attend and vote only at specified meetings, or in relation to specified matters, on behalf of the unit holder; and
(b) may specify conditions in relation to the nomination; and
(c) if a specified condition requires the nominated person to vote in a particular way in relation to a matter in which the unit holder has a direct or indirect pecuniary interest (other than an interest that the unit holder has in common with all the holders of the strata units)—must specify the nature of the unit holder's pecuniary interest; and
(d) may be revoked by the unit holder at any time by subsequent written notice to the secretary (and any contract or agreement to the contrary is unenforceable); and
(e) is effective for a period of 12 months or such lesser period as may be specified in the written notice of nomination unless the nomination is revoked earlier under paragraph (d); and
(f) does not derogate from the power of the unit holder to attend and vote at meetings on his or her own behalf.
(3b) Failure to comply with a requirement of subsection (3a)(a) will invalidate the nomination.
(3c) Without limiting subsection (3a), if a person who is a body corporate manager or an employee of a body corporate manager is nominated as a proxy of a unit holder of the corporation, the nomination ceases to have effect on the person ceasing to be a body corporate manager in relation to the corporation or an employee of such a body corporate manager (as the case may require).
(3d) If a unit holder appoints, by general power of attorney under section 5 of the Powers of Attorney and Agency Act 1984, a person as his or her attorney specifically for the purpose of attending and voting at meetings, or specified meetings, of the strata corporation, the appointment is, despite any provision of that Act or the terms of the general power of attorney, effective for a period of 12 months or such lesser period as may be specified in the power of attorney unless the power of attorney is revoked earlier.
(3e) If a general power of attorney referred to in subsection (3d) appoints a body corporate manager, a copy of the instrument of appointment must be provided to the secretary of the corporation before the meeting, or the first of the meetings, to which it relates.
(3f) The secretary of the corporation must ensure that a copy of each written notice of nomination, and each instrument provided under subsection (3e), applying in relation to a meeting is available for inspection at the meeting before any matter is voted on.
Penalty: Division 9 fine.
(4) A unit holder may exercise an absentee vote on a proposed resolution by giving the secretary written notice of the proposed vote at least six hours before the time of the meeting.
(5) A written ballot may be demanded by a unit holder (or a proxy of a unit holder) attending a meeting.
(6) Such a ballot will be taken amongst the unit holders (or proxies of unit holders) attending the meeting in such manner as the person presiding at the meeting thinks fit.
(7) Except where a unanimous resolution is required, a vote is not exercisable in relation to a unit unless all amounts due and payable to the strata corporation in respect of the unit have been paid.
(8) Except where otherwise provided by this Act or by the articles of a strata corporation, the decisions of the corporation in a general meeting will be made by ordinary resolutions.
34A—Duty to disclose interest
(1) If a person (whether a co?owner of a unit or not) has been nominated to attend and vote at a meeting of a strata corporation on behalf of another person, the nominated person must—
(a) if the nominated person has a direct or indirect pecuniary interest in any matter to be voted on at a meeting—
(i) if it is practicable to do so, disclose the nature of the interest to his or her principal before the vote is taken; or
(ii) in any other case, disclose the nature of the interest to his or her principal as soon as practicable after the vote is taken; and
(b) if the nominating person declared a pecuniary interest in accordance with section 34(3a)(c) in relation to the matter, the nominated person must disclose the nature of the interest to the members present at the meeting before the vote on the matter is taken.
Penalty: Division 4 fine.
(2) A co?owner of a unit is not obliged by subsection (1) to disclose an interest that he or she has in common with his or her other co?owners.
(3) A person who—
(a) attends and is entitled to vote at, a meeting of a strata corporation; or
(b) presides at such a meeting,
and who has a direct or indirect pecuniary interest in any matter to be voted on at the meeting must disclose the nature of the interest to the members present at the meeting before the vote is taken.
Penalty: Division 4 fine.
(4) A unit holder is not obliged by subsection (3) to disclose an interest that he or she has in common with all of the unit holders.
(5) It is a defence to a charge of an offence against this section to prove that the defendant was not, at the time of the alleged offence, aware of his or her interest in the matter.
Division 6—Management committee
35—Management committee
(1) Subject to subsection (1a), a strata corporation may, by ordinary resolution, appoint a management committee of unit holders.
(1a) Where all of the units comprised in the strata scheme consist of non-residential premises, the management committee may consist of, or include, persons who are not unit holders.
(2) A management committee will, subject to any limitation imposed by the strata corporation, have full power to transact any business of the corporation.
(3) A management committee does not have power to do anything for which a special or unanimous resolution of the strata corporation is required by this Act or by the articles of the corporation.
(4) The prescribed number of members of a management committee constitute a quorum of the committee and no business may be transacted at a meeting of the committee unless a quorum is present.
(4a) The prescribed number for the purposes of subsection (4) is a number ascertained by dividing the total number of members of the committee by two, ignoring any fraction resulting from the division, and adding one.
(4b) A decision supported by a majority of the members at a meeting of a management committee of which at least three days notice has been given to all members will be taken to be a decision of the committee.
(5) A member of a management committee holds office on terms fixed by the strata corporation and may be removed by ordinary resolution of the strata corporation at any time.
(6) A management committee may co-opt a suitable person to fill a casual vacancy in the membership of the committee.
(7) A member of a management committee can appoint another person (who must, unless all of the units comprised in the strata scheme consist of non-residential units, be a unit holder) to act as his or her proxy at any meeting of the committee that the member is unable to attend.
(8) A management committee must—
(a) keep minutes of its proceedings; and
(b) cause proper accounting records to be kept in respect of money received and expended by it.
(9) Subject to the articles and any direction of the strata corporation, a committee may otherwise regulate its meetings and proceedings as it thinks fit.
(10) A strata corporation may appoint or engage a person to assist its management committee in the performance of the committee's functions.
36—Validity of acts
Where a management committee acts honestly, the subsequent discovery of some defect affecting the appointment of a member, or the right of a person to act as a member, does not invalidate an act of the committee.
Division 6A—Agents' trust accounts
36A—Application of Division
This Division applies where a strata corporation has authorised a person (the agent) (not being an ADI or other financial institution) to receive money from another person (not being the corporation) and to hold the money on behalf of the corporation or to deal with it in accordance with this Division.
36B—Interpretation
In this Division, unless the contrary intention appears—
agent means a person, not being an ADI or other financial institution, who has been authorised by a strata corporation to receive money on its behalf and to hold it or to deal with it in accordance with this Division;
auditor means a registered company auditor within the meaning of the Corporations Law;
financial institution means an institution of a kind declared by regulation to be a financial institution;
trust account means an account in which trust money is required to be deposited by an agent;
trust money means money received by an agent on behalf of a strata corporation.
36C—Trust money to be deposited in trust account
(1) An agent must, as soon as practicable after receiving trust money, deposit the money in an account authorised by this Division in the name of the agent.
Penalty: Division 5 fine.
(2) An agent must not pay any money except trust money into the agent's trust account.
Penalty: Division 5 fine.
(3) An agent must not withdraw, or permit another person to withdraw, money from a trust account except in accordance with this Part.
Penalty: Division 5 fine.
(4) An agent must, when applying to open a trust account, inform the ADI or other financial institution that the account is to be a trust account for the purposes of this Division.
Penalty: Division 5 fine.
36D—Withdrawal of money from trust account
An agent may withdraw money from a trust account—
(a) in exercise of powers delegated to the agent by the strata corporation; or
(b) in satisfaction of a claim for fees, costs or disbursements (that are authorised by the regulations) that the agent has against the corporation; or
(c) to satisfy an order of a court against the corporation; or
(d) for making any other payment authorised by law.
36E—Authorised trust accounts
An account at an ADI or at any other financial institution prescribed for the purposes of this section by regulation that provides for the payment of interest on money held in the account in accordance with the regulations is authorised for the purposes of this Division.
36F—Application of interest
If money received by an agent on behalf of two or more strata corporations is held in the same trust account, interest credited to the trust account must be credited by the agent proportionately to the strata corporations on whose behalf that money is held.
36G—Keeping of records
(1) An agent must keep detailed records of all trust money received by the agent and of any disbursement of, or other dealing with, that money and must compile detailed accounts of those receipts and disbursements or other dealings that—
(a) accurately disclose the state of the trust account maintained by the agent; and
(b) enable the receipt and disposition of trust money to be conveniently and properly audited; and
(c) comply with all other requirements specified by regulation.
Penalty: Division 5 fine.
(2) In particular, the agent must, in respect of the receipt of trust money—
(a) make available to the person making payment a receipt that sets out the information specified by regulation in the form specified by regulation; and
(b) make and retain a copy of the receipt as part of the agent's records.
Penalty: Division 5 fine.
(3) An agent must, at the request of a strata corporation provide the corporation, within 5 business days after the making of the request, with a statement setting out details of dealings by the agent with the corporation's money.
Penalty: Division 9 fine.
(4) An agent must keep the accounts and records referred to in this section (including copies of receipts under subsection (2)(b)) in a legible written form, or so as to be readily convertible into such a form, for at least five years.
Penalty: Division 5 fine.
36H—Audit of trust accounts
(1) An agent who maintains a trust account must—
(a) have the accounts and records kept under this Division audited by an auditor in respect of each audit period specified by regulation; and
(b) forward to the secretary of the strata corporation a statement relating to the audit that sets out the information specified by regulation.
(2) An agent who—
(a) fails to have accounts and records audited as required; or
(b) fails to forward the audit statement to the secretary of the strata corporation within the time allowed by or under the regulations,
is guilty of an offence.
Penalty: Division 5 fine.
36I—Obtaining information for purposes of audit or examination
(1) An auditor employed by an agent to make an audit of the trust accounts of the agent, may require the agent or any other person in a position to do so—
(a) to produce all the accounts (including accounts that are not trust accounts) relating to the business of the agent and all documents and records relating to those accounts, including written records that reproduce in a readily understandable form information kept by computer, microfilm or other process; and
(b) to provide any relevant information relating to the operation of the accounts.
(2) The manager or other principal officer of an ADI or other financial institution with which an agent has deposited money, whether in his or her own account or in a general or separate trust account, must, on being required to do so by an auditor employed or appointed to make an audit under this Division, disclose every such account (including all deposit slips, cancelled cheques and other documents relating to the operation of the account) to the auditor.
Penalty: Division 5 fine.
(3) A person who is required by this section to produce documents to an auditor must permit the auditor to make a copy of the whole, or any part, of those documents.
Penalty: Division 5 fine.
(4) In this section—
account includes a record required to be kept under this Division in relation to the receipt of and disbursement of or other dealing with trust money;
agent includes a former agent.
36J—ADIs etc to report deficiencies in trust accounts
An ADI or other financial institution with which a trust account has been established must, as soon as practicable, and in any event within 14 days, after becoming aware of a deficiency in that account, report the deficiency to the Minister.
Penalty: Division 5 fine.
36K—Confidentiality
An auditor must not divulge information that has come to his or her knowledge in the course of performing functions under this Division except—
(a) to the agent; or
(b) to the Minister; or
(c) as otherwise required by law.
Penalty: Division 5 fine.
36L—ADIs etc not affected by notice of trust
(1) Subject to subsection (2), an ADI or other financial institution is not affected by notice of a specific trust to which money deposited in a trust account is subject, and is not bound to satisfy itself of the due application of that money.
(2) This section does not relieve an ADI or other financial institution of liability for negligence.
Division 7—Appointment of administrator
37—Administrator of strata corporation's affairs
(a1) In this section—
relevant court means the Court or the Magistrates Court.
(1) A relevant court may, on application by—
(a) a strata corporation;
(b) a creditor of a strata corporation;
(c) a person with a registered interest in a unit,
appoint an administrator of the strata corporation, or remove or replace an administrator previously appointed.
(2) An administrator has, while the appointment remains in force, full and exclusive power to administer the affairs of the strata corporation (including power to do anything for which a special or unanimous resolution of the strata corporation is required).
(3) The administrator must comply with any directions that the relevant court may give from time to time.
(4) The remuneration of an administrator will be fixed by the relevant court and payable from the strata corporation's funds.
(5) The administrator may, by written instrument, delegate any of his or her powers.
(6) A delegation under subsection (5)—
(a) may be made on such conditions as the administrator thinks fit; and
(b) is revocable at will; and
(c) does not derogate from the power of the administrator to act in any matter personally.
(7) Where a person—
(a) is appointed as an administrator; or
(b) is removed or replaced as an administrator,
that person must, within 14 days, give the Registrar-General written notice of his or her appointment, removal or replacement.
Division 8—Supplementary
38—Duties of the original proprietor in relation to strata corporation
(1) The original registered proprietor must ensure that a general meeting of the strata corporation is convened within three months after the relevant date.
Penalty: Division 7 fine.
(2) The relevant date is the first date on which there are two or more members of the corporation holding different units.
(3) The original registered proprietor must, at the first general meeting of the strata corporation, place it in possession of—
(b) a copy of all plans, drawings, specifications and reports in his or her possession relating to the design and construction of buildings and building improvements on the site;
(c) a copy of any other notice, order or document in his or her possession relating to the strata scheme of which the strata corporation will need to know in order to carry out its statutory functions.
Penalty: Division 7 fine.
39—Power to require handing over of property
(1) A strata corporation may by notice in writing to a person who has possession of any record, key, or other property of the corporation, require that person to deliver it to an officer of the corporation named in the notice on or before a specified time.
(2) A person who fails to comply with a requirement under subsection (1) is guilty of an offence.
Penalty: Division 7 fine.
39A—Register of unit holders
(1) A strata corporation must maintain a register of the names of the unit holders which shows—
(a) the unit holder's last contact address, telephone number and email address known to the corporation; and
(b) the unit holder's unit entitlement.
(2) A corporation must keep a record of the information used to compile the register for the period required by the regulations.
40—Record keeping
(1) A strata corporation must—
(a) keep—
(i) a minute book containing minutes of its meetings; and
(ii) proper accounting records in respect of its receipts and expenditure;
(b) ensure that a proper statement of accounts is prepared in respect of each accounting period;
(c) keep a record of any notice or order served on the corporation;
(d) retain for such period as may be prescribed—
(i) the minute book and accounting records kept under paragraph (a);
(ii) a copy of any statement of account prepared under paragraph (b);
(iii) any notice or order referred to in paragraph (c);
(iv) a copy of any correspondence received or sent by the corporation;
(v) notices of meetings of the corporation and its management committee;
(vi) such other documentary material as may be prescribed.
(2) An accounting period for a strata corporation is—
(a) a period—
(i) commencing on the commencement of this Act, the date of incorporation of the corporation or the end of a previous accounting period (whichever is the later); and
(ii) ending on the following 30 June; or
(b) a period of not less than 9 months and not more than 18 months fixed by the corporation as an accounting period (but the corporation's accounting periods must be consecutive, following immediately one upon the other).
41—Information to be furnished
(1) A strata corporation must, on application by or on behalf of the owner or a mortgagee of a unit, or by or on behalf of a prospective purchaser or mortgagee of a unit, within 5 business days after the making of the application—
(a) furnish—
(i) particulars of any contribution payable in relation to the unit (including details of any arrears of contribution related to the unit);
(ii) particulars of the assets and liabilities of the corporation;
(iii) particulars of any expenditure that the corporation has incurred, or has resolved to incur, and to which the unit holder of the unit must contribute, or is likely to be required to contribute;
(iv) particulars in relation to any prescribed matter;
(b) provide copies of—
(i) the minutes of general meetings of the corporation and meetings of its management committee for such period, not exceeding two years, specified in the application;
(ii) the statement of accounts of the corporation last prepared by the corporation;
(iii) the articles for the time being in force;
(iv) current policies of insurance taken out by the corporation;
(c) make available for inspection—
(i) a copy of the accounting records of the corporation;
(ii) the minute books of the corporation;
(iii) any other prescribed documentary material;
(d) if the strata corporation is a party to a contract with a body corporate manager—make available for inspection a copy of the contract;
(e) make available for inspection the register maintained under section 39A.
Penalty: Division 9 fine.
(1a) A strata corporation must, on application by a unit holder, provide the applicant, on a quarterly basis, with ADI statements for all accounts maintained by the corporation (and must continue to so provide the statements until the applicant ceases to be a unit holder or revokes the application).
Penalty: Division 9 fine.
(1b) Subsection (1a) does not apply to a strata corporation if a body corporate manager maintains the accounts on behalf of the corporation.
(2) An application under this section must be accompanied by the prescribed fee.
(2a) A strata corporation must not charge more than the prescribed fee in respect of a service provided in pursuance of an application under this section.
Penalty: Division 9 fine.
(3) The application is duly made if given or sent to—
(a) the secretary of the strata corporation;
(b) if the strata corporation has a management committee—any member of the management committee.
(4) A statement of a strata corporation provided for the purposes of subsection (1)(a) is, in favour of the person to whom it is provided and as against the corporation, conclusive evidence (as at the date of the statement) of the matters contained in the statement.
Part 3A—Resolution of disputes
41AA—Persons who may apply for relief
The following persons may apply for relief under this Part:
(a) a strata corporation;
(b) the owner or occupier of a unit;
(c) a person who has contracted to purchase a unit;
(d) any other person bound by the articles of a strata corporation except for persons invited to or visiting the site.
41A—Resolution of disputes etc
(1) An application may be made under this section—
(a) if the applicant claims that a breach of this Act or of the articles of the corporation has occurred; or
(b) if the applicant claims to have been prejudiced, as occupier of a strata unit, by the wrongful act or default of the strata corporation or a delegate or the management committee of the strata corporation, or of some other member of the strata corporation; or
(c) if a member of a strata corporation claims that a decision of the strata corporation or a delegate or the management committee of the strata corporation is unreasonable, oppressive or unjust; or
(d) if a dispute arises—
(i) between a strata corporation and a member of the corporation; or
(ii) between two or more members of a strata corporation,
in relation to any aspect of the occupation or use of a strata unit.
(2) Subject to this section, an application must be made to the Magistrates Court.
(3) A person may, with the permission of the District Court, bring an application under this section in the District Court.
(4) The District Court may, on the application of a party to proceedings under this section that have been commenced in the Magistrates Court, order that the proceedings be transferred to the District Court (and such an order will have effect according to its terms).
(5) Proceedings should not be commenced in, or transferred to, the District Court under subsections (3) or (4) unless the District Court considers that it is appropriate for the court to deal with the matter by reason of the complexity or significance of the matter.
(6) A court may, on its own initiative or on an application by a party to the proceedings—
(a) transfer an application under this section to the Supreme Court on the ground that the application raises a matter of general importance; or
(b) state a question of law for the opinion of the Supreme Court.
(7) A court, in hearing and determining an application under this section, should act according to equity, good conscience and the substantial merits of the case, without regard to technicalities and legal forms, and is not bound by the rules of evidence but may inform itself on any matter in such manner as it thinks fit.
(8) A member of a strata corporation duly appointed by the corporation for the purpose may represent the corporation in any proceedings under this section.
(9) A court may, in respect of an application under this section—
(a) attempt to achieve settlement of the proceedings by agreement between the parties;
(b) require a party to provide reports or other information for the purposes of the proceedings;
(ba) order a party to have any accounts audited or to reimburse any person for the costs of having any accounts audited;
(c) order that a party take such action as in the opinion of the court necessary to remedy any default, or to resolve any dispute, and is specified in the order;
(d) order that a party refrain from any further action of a kind specified in the order;
(da) make a declaration as to the validity of—
(i) any articles or purported articles of the corporation; or
(ii) any decision or purported decision of the corporation;
(e) by order—
(i) alter the articles of the corporation;
(ii) vary or reverse any decision of the corporation, or of the management committee of the corporation;
(ea) vary, avoid or terminate a contract entered into (whether before or after the commencement of this paragraph) between a strata corporation and either of the following:
(i) the body corporate manager;
(ii) an associate of the body corporate manager;
(f) give judgment on any monetary claim;
(g) make orders as to costs;
(h) make any incidental or ancillary orders.
(10) A court should not make an order to alter the articles of a corporation unless—
(a) the corporation is a party to the proceedings or the court is satisfied that the corporation has been given a reasonable opportunity to become a party to the proceedings; and
(b) if it appears to the court that the alteration could adversely affect a member of the corporation who is not a party to the proceedings, the court is satisfied that the member has been notified of the possibility that such an order could be made and given a reasonable opportunity to make submissions to the court in relation to the matter; and
(c) in any event, the court is satisfied that the order is essential to achieving a fair and equitable resolution of the matters in dispute.
(10a) A court should not make an order to vary, avoid or terminate a contract entered into between a community corporation and a body corporate manager or an associate of the body corporate manager unless the court is satisfied that the contract involves a breach of fiduciary duties or other duties under this Act.
(11) Where an application is made under this section and the court is satisfied that an interim order is justified by the urgency of the case, the court may make an interim order to safeguard the position of any person pending its final resolution.
(12) An interim order—
(a) has effect for such period as the court may determine and specifies in the order, and may be renewed by the court from time to time; and
(b) may be made or renewed whether or not notice of the application has been given to a respondent; and
(c) unless sooner revoked, ceases to have effect on the determination or resolution of an application under this section.
(13) A person who fails to comply with an order under this section is guilty of an offence.
Penalty: Division 7 fine.
(14) The power to make an order under this section includes the power to vary or revoke an order.
(15) A court may decline to proceed with an application under this section if it considers that it would be more appropriate for proceedings to be taken in another court or tribunal constituted by law.
(16) This section does not limit or derogate from any civil remedy at law or in equity.
(17) Rules of Court may be made dealing with any matter necessary or expedient for the effective and efficient operation of this section.
(18) The rules for a particular court will be made in the same manner as ordinary rules are made for that court.
Part 4—Miscellaneous
42—Unit holder's power of entry
(1) If—
(a) —
(i) the proper supply of hot or cold water, gas, electricity, heating oil or air-conditioned air to a unit (unit A) fails; or
(ii) the sewerage, garbage or drainage system as it affects a unit (unit A) fails to operate properly; and
(b) some other unit (unit B) must be entered in order to investigate the cause of the failure, or to carry out necessary repairs,
the unit holder of unit A, or a person authorised by that unit holder, may, after giving such notice to the unit holder of unit B as may be practicable in the circumstances, enter unit B for that purpose.
(2) Reasonable force may be exerted in the exercise of powers conferred by this section but any damage to unit B must be immediately made good at the expense of the unit holder of unit A.
43—Insurance by unit holder
(1) Nothing in this Act limits the right of a unit holder to effect insurance in respect of the unit.
(2) A contract of insurance may be entered into by the unit holder in respect of damage to the unit for an amount equal to the amount secured at the date of the contract by mortgages over the unit.
(3) Where a contract of insurance of the kind referred to in subsection (2) is in force—
(a) payment must be made by the insurer under the contract to the mortgagees whose interests are noted in the contract in order of their respective priorities, subject to the terms and conditions of the contract;
(b) subject to the terms and conditions of the contract, the insurer is liable to pay under the contract—
(i) the amount stated in the contract; or
(ii) the amount of the damage; or
(iii) the amount sufficient, at the date of the payment, to discharge the mortgages noted in the contract,
whichever is the least amount.
(4) Where the amount so paid by the insurer equals the amount necessary to discharge a mortgage over the unit, the insurer is entitled to an assignment of that mortgage and where the amount is less than the amount necessary to discharge a mortgage over the unit, the insurer is entitled to obtain from the mortgagee a transfer of a proportion of the mortgagee's interest in the mortgage equal to the proportion that the amount of the payment bears to the amount owing under the mortgage immediately before the payment.
(5) Money received under any such contract of insurance is not liable to be brought into contribution with any other money received under another contract of insurance, except where the other contract of insurance—
(a) is in respect of damage to the same unit; and
(b) relates to the same mortgage debt.
44—Dealing with part of unit
(1) Subject to this section, a unit holder may not enter into any dealing with a part of the unit unless—
(a) the dealing is to be effected by amendment to the strata plan; or
(b) the dealing consists of the granting, surrendering or extinction of an easement.
(2) Subject to any other law, a unit holder may grant a lease or licence over a part of a unit—
(a) if all of the units comprised in the strata scheme consist of non-residential premises; or
(b) where paragraph (a) does not apply—
(i) if the lease or licence is granted to another unit holder; or
(ii) if the lease or licence is authorised by unanimous resolution of the strata corporation (but no authorisation is required in relation to a lease or licence over the whole of a unit).
(3) Where a unit holder acts in contravention of this section—
(a) the dealing is void and no instrument purporting to give effect to the dealing may be lodged for registration; and
(b) the unit holder is guilty of an offence.
Penalty: Division 8 fine.
44A—Body corporate may act as officer etc
(1) Where a unit holder is a body corporate, the body corporate is eligible to hold the office of presiding officer, secretary or treasurer of the strata corporation, or to be a member of the management committee.
(2) If a body corporate is appointed as the presiding officer, secretary or treasurer of a strata corporation, or as a member of a management committee, the body corporate may, by instrument in writing, appoint a person to perform on its behalf any function that is conferred on the body corporate by virtue of the appointment.
(2a) Subject to subsection (2b), the person appointed under subsection (2) must be a director, manager, secretary or other officer of the body corporate.
(2b) Subsection (2a) does not apply—
(a) if all of the units comprised in the relevant strata scheme consist of non-residential premises; or
(b) if the body corporate is the South Australian Housing Trust; or
(c) in any other case prescribed by regulation.
(3) A function performed on behalf of a body corporate by a person appointed under subsection (2) will be taken to have been performed by the body corporate.
(4) A body corporate may revoke at will an appointment under subsection (2).
45—Persons under disability etc
(1) Where a unit holder is under a disability, the rights and powers of that unit holder under this Act may be exercised on his or her behalf by a guardian.
(2) If a unit holder is under a disability or cannot be found, the Court may on application by the strata corporation or any other person with a proper interest in the matter, dispense with any consent, approval or vote that would otherwise be required from that person under this Act.
46—Relief where unanimous resolution required
(a1) In this section—
relevant court means the Court or the Magistrates Court.
(1) Where a unanimous resolution is necessary under this Act before an act may be done and that resolution is not obtained but the resolution is supported to the extent necessary for a special resolution, a person included in the majority in favour of the resolution may apply to a relevant court to have the resolution declared sufficient to authorise the particular act proposed and, if the court so orders, the resolution will be taken to have been passed as a unanimous resolution.
(2) Notice of an application under subsection (1) must be served on—
(a) every person who was entitled to exercise the power of voting conferred under this Act and did not, either in person or by proxy, vote in favour of the resolution; and
(b) any other person whom the court declares to have a sufficient interest in the proceedings to require that the person should be served with notice of the application,
and the court may direct that any person served with, or to be served with, notice of proceedings under this subsection be joined as a party to the proceedings.
(3) The court should not order a party who opposes an application under this section to pay the costs of a successful applicant unless the court considers the actions of that party in relation to the application were unreasonable.
47—General defence
It is a defence to a charge of an offence against this Act if the defendant proves that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.
48—Applications etc
(1) An application or plan submitted to the Registrar-General under this Act must be in a form approved by the Registrar-General and certified in any manner required by the Registrar-General.
(2) Any such application must be accompanied by the prescribed fee.
(3) Any other document that is to be lodged with the Registrar-General under this Act must be accompanied by the prescribed fee.
(4) The Registrar-General may, in appropriate cases, remit or reduce a fee.
48A—Applications to Magistrates Court
If an application is made to the Magistrates Court under any provision of this Act, the Magistrates Court Act 1991 applies, with such modifications as may be necessary for the purpose or as may be prescribed, in relation to the application as if the proceedings were a minor civil action within the meaning of that Act.
49—Service
(1) A document to be served under this Act or the articles of a strata corporation may be served—
(a) personally; or
(b) by post; or
(c) if the recipient consents to receiving the document by email—by transmitting the document by email to the email address provided by the person for that purpose.
(2) A strata corporation must keep—
(a) a letter box, with the name of the corporation clearly shown on it, for postal delivery to the site; or
(b) where there is no postal delivery to the site, a post office box.
(3) A document may be served on the strata corporation, its secretary or treasurer, or a member of its management committee—
(a) by placing it in the strata corporation's letter box; or
(b) by post addressed to the strata corporation, the secretary or treasurer at the postal address of the corporation.
50—Proceedings for offences
(1) An offence against this Act is a summary offence.
(2) A prosecution for an offence against this Act cannot be commenced except by—
(a) the Commissioner for Consumer Affairs; or
(b) an authorised officer under the Fair Trading Act 1987; or
(c) a person who has the consent of the Minister to commence the prosecution.
(3) In any proceedings, an apparently genuine document purporting to be a certificate of the Minister certifying authorisation of, or consent to, a prosecution for an offence against this Act will be accepted, in the absence of proof to the contrary, as proof of the authorisation or consent.
(4) Where a person fails to comply with an obligation imposed by this Act and is, in consequence of that non-compliance, convicted of an offence against this Act, the court may order the convicted person to comply with the obligation within a time fixed by the court.
(5) If the convicted person fails to comply with an order under subsection (4), that person is guilty of a further offence.
Penalty: Division 7 fine.
50A—Indemnity fund under Land Agents Act 1994
Money standing to the credit of the indemnity fund maintained under section 29 of the Land Agents Act 1994 may be applied by the Commissioner for Consumer Affairs for any of the following purposes:
(a) the costs of investigating compliance with this Act;
(b) the costs of prosecutions for offences against this Act;
(c) the payment of amounts, approved by the Minister and the Minister responsible for the administration of the Land Agents Act 1994, towards the cost of prescribed advisory services or educational programs relating to this Act conducted for the benefit of members of the public.
50B—Review of operation of Act
The Minister must, as soon as is practicable after the second anniversary of the commencement of the Statutes Amendment (Community and Strata Titles) Act 2012 or any provision of that Act—
(a) cause a report to be prepared on the operation of this Act insofar as it was amended by the Statutes Amendment (Community and Strata Titles) Act 2012; and
(b) cause a copy of the report to be laid before each House of Parliament.
51—Regulations
(1) The Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.
(2) Any such regulation—
(a) may be of general or restricted application;
(b) may confer discretionary powers;
(ba) may assign specified functions to an officer of a strata corporation of a specified class;
(c) may impose a fine (not exceeding a division 9 fine) for breach of, or non-compliance with, the regulation or any other regulation.
Schedule 2—Transitional provisions
1—Interpretation
In this Schedule—
the repealed strata title provisions means Part 19B of the Real Property Act 1886 repealed by Schedule 1.
2—Existing plans
(1) Subject to subclause (2), a plan deposited in the Lands Titles Registration Office by the Registrar-General in pursuance of the repealed strata title provisions will be taken to be a deposited plan under this Act.
(2) Subject to any amendment under this Act, the boundaries of a unit within a plan to which subclause (1) applies are not affected by the enactment of this Act.
3—Strata corporations
(1) A corporation existing under the repealed strata title provisions immediately before the commencement of this Act continues as a strata corporation under this Act.
(2) A committee of a corporation appointed under the repealed strata title provisions and in existence immediately before the commencement of this Act will, subject to this Act, continue as the management committee of the corporation under this Act.
(3) Where a strata corporation to which this clause applies had adopted articles in substitution for those prescribed by the repealed strata title provisions, those articles continue, subject to amendment or substitution under this Act, as the articles of the corporation.
(4) In any other case, the articles prescribed by Schedule 3 will take the place of those prescribed by the repealed strata title provisions on the expiration of six months from the commencement of this Act (but if those earlier articles had been amended, there will be a corresponding amendment to the Schedule 3 articles as they apply to the strata corporation).
4—Continuation and completion of proceedings under the repealed provisions
(1) Proceedings commenced under the repealed strata title provisions may be continued and completed as if this Act had not been enacted.
(2) For the purposes of subclause (1), proceedings for the deposit of a strata plan will be taken to have commenced when a formal application was first made to the Registrar?General, the Commission or the council in relation to the division of the land by strata plan.
6—Application of Acts
The Acts Interpretation Act 1915 applies, except to the extent of any inconsistency with the provisions of this Schedule, to any repeal made by this Act.
Schedule 3—Articles of strata corporation
1 (1) A unit holder must—
(a) maintain the unit in good repair;
(b) carry out any work ordered by a council or other public authority in respect of the unit.
(2) The occupier of a unit must keep it in a clean and tidy condition.
2 A person bound by these articles—
(a) must not obstruct the lawful use of the common property by any person; and
(b) must not use the common property in a manner that unreasonably interferes with the use and enjoyment of the common property by the other members of the strata community, their customers, clients or visitors; and
(c) must not make, or allow his or her customers, clients or visitors to make, undue noise in or about any unit or the common property; and
(d) must not interfere, or allow his or her customers, clients or visitors to interfere, with others in the enjoyment of their rights in relation to units or common property.
3 A person bound by these articles must not use the unit, or permit the unit to be used, for any unlawful purpose.
4 Subject to the Strata Titles Act 1988, a person bound by these articles must not, without the strata corporation's consent, keep any animal in, or in the vicinity of, a unit.
5 A person bound by these articles—
(a) must not park a motor vehicle in a parking space allocated for others or on a part of the common property on which parking is not authorised by the strata corporation; and
(b) must take reasonable steps to ensure that his or her customers, clients or visitors do not park in parking spaces allocated for others or on parts of the common property on which parking is not authorised by the strata corporation.
6 A person bound by these articles must not, without the consent of the strata corporation—
(a) damage or interfere with any lawn, garden, tree, shrub, plant or flower on the common property; or
(b) use any portion of the common property for his or her own purposes as a garden.
7 A person bound by these articles must not—
(a) bring objects or materials onto the site of a kind that are likely to cause justified offence to the other members of the strata community; or
(b) allow refuse to accumulate so as to cause justified offence to others.
8 A person bound by these articles must not, without the consent of the strata corporation, display any sign, advertisement, placard, banner or any other conspicuous material of a similar nature—
(a) on part of his or her unit so as to be visible from outside the building; or
(b) on any part of the common property.
9 The occupier of a unit may, without the consent of the strata corporation, paint, cover or in any other way decorate the inside of any building forming part of the unit and may, provided that unreasonable damage is not caused to any common property, fix locks, catches, screens, hooks and other similar items to that building.
10 The occupier of a unit used for residential purposes must not, without the consent of the strata corporation, use or store on the unit or on the common property any explosive or other dangerous substance.
11 A person bound by these articles—
(a) must maintain within the unit, or on a part of the common property set apart for the purpose by the strata corporation, a receptacle for garbage adequately covered; and
(b) must comply with all council by-laws relating to the disposal of garbage.
12 A unit holder must immediately notify the strata corporation of—
(a) any change in the ownership of the unit, or any change in the address of an owner;
(b) any change in the occupancy of the unit.
Legislative history
Notes
• Amendments of this version that are uncommenced are not incorporated into the text.
• Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Legislation amended by principal Act
The Strata Titles Act 1988 amended the following:
Real Property Act 1886
Land Agents, Brokers and Valuers Act 1973
Legal Practitioners Act 1981
Retirement Villages Act 1987
Principal Act and amendments
New entries appear in bold.
|
Year |
No |
Title |
Assent |
Commencement |
|
1988 |
13 |
Strata Titles Act 1988 |
7.4.1988 |
1.9.1988 (Gazette 21.7.1988 p420) |
|
1989 |
16 |
Strata Titles Act Amendment Act 1989 |
20.4.1989 |
4.5.1989 (Gazette 27.4.1989 p1152) |
|
1990 |
13 |
Strata Titles Act Amendment Act 1990 |
12.4.1990 |
2.8.1990 (Gazette 26.7.1990 p397) except ss 6(b) & 27—1.9.1988: s 2(2) |
|
1990 |
54 |
Statute Law Revision Act (No. 2) 1990 |
22.11.1990 |
Sch 4—24.12.1990 (Gazette 6.12.1990 p1685) |
|
1991 |
78 |
Strata Titles (Resolution of Disputes) Amendment Act 1991 |
12.12.1991 |
2.4.1992 (Gazette 19.3.1992 p876) |
|
1992 |
23 |
Real Property (Transfer of Allotments) Amendment Act 1992 |
14.5.1992 |
21.5.1992 (Gazette 21.5.1992 p1468) |
|
1992 |
26 |
Statutes Amendment (Attorney-General's Portfolio) Act 1992 |
14.5.1992 |
6.7.1992 (Gazette 2.7.1992 p209) |
|
1993 |
54 |
Statutes Repeal and Amendment (Development) Act 1993 |
27.5.1993 |
15.1.1994 (Gazette 27.10.1993 p1889) |
|
1993 |
56 |
Heritage Act 1993 |
27.5.1993 |
15.1.1994 (Gazette 27.10.1993 p1890) |
|
1994 |
11 |
Real Property (Miscellaneous) Amendment Act 1994 |
5.5.1994 |
Sch—8.9.1994 (Gazette 8.9.1994 p728) |
|
1996 |
38 |
Statutes Amendment (Community Titles) Act 1996 as amended by 43/1997 |
9.5.1996 |
ss 42—45—4.11.1996 (Gazette 31.10.1996 p1460); s 41—9.5.1998 (s 7(5) Acts Interpretation Act 1915) |
|
1997 |
43 |
Statutes Amendment (Community Titles) Amendment Act 1997 |
17.7.1997 |
17.7.1997 |
|
1998 |
59 |
Statutes Amendment (Attorney-General's Portfolio) Act 1998 |
3.9.1998 |
Pt 12 (s 21)—13.12.1998 (Gazette 3.12.1998 p1676) |
|
1999 |
33 |
Financial Sector Reform (South Australia) Act 1999 |
17.6.1999 |
Sch (item 56)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2) |
|
2006 |
17 |
Statutes Amendment (New Rules of Civil Procedure) Act 2006 |
6.7.2006 |
Pt 71 (ss 223 & 224)—4.9.2006 (Gazette 17.8.2006 p2831) |
|
2008 |
12 |
Statutes Amendment (Real Property) Act 2008 |
8.5.2008 |
Pt 6 (ss 73—86)—1.6.2009 (Gazette 28.5.2009 p1843) |
|
2012 |
8 |
Statutes Amendment (Community and Strata Titles) Act 2012 |
12.4.2012 |
Pt 3 (new s 50A (as inserted by s 72))—18.7.2013; ss 46—71, new s 50B (as inserted by s 72), 73 & Sch 1—28.10.2013 (Gazette 18.7.2013 p3075) |
|
2013 |
11 |
Statutes Amendment (Attorney-General's Portfolio) Act 2013 |
18.4.2013 |
Pt 11 (ss 24 & 25)—28.10.2013 immediately after 8/2012 s 8 (Gazette 6.6.2013 p2498) |
|
2016 |
29 |
Real Property (Electronic Conveyancing) Amendment Act 2016 |
16.6.2016 |
Sch 2—4.7.2016 (Gazette 30.6.2016 p2761) |
|
2017 |
5 |
Statutes Amendment (Planning, Development and Infrastructure) Act 2017 |
28.2.2017 |
Pt 26 (ss 83 & 84)—uncommenced |
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
|
Provision |
How varied |
Commencement |
|
Long title |
amended by 54/1990 s 3(1) (Sch 4) |
24.12.1990 |
|
Pt 1 |
|
|
|
s 2 |
deleted by 54/1990 s 3(1) (Sch 4) |
24.12.1990 |
|
s 3 |
|
|
|
s 3(1) |
|
|
|
assistance animal |
inserted by 11/2013 s 24(1) |
28.10.2013 |
|
body corporate manager |
inserted by 8/2012 s 46(1) |
28.10.2013 |
|
business day |
inserted by 8/2012 s 46(2) |
28.10.2013 |
|
the Commission |
substituted by 54/1993 s 13(a) |
15.1.1994 |
|
ERD Court |
inserted by 8/2012 s 46(3) |
28.10.2013 |
|
fence |
inserted by 13/1990 s 3(a) |
2.8.1990 |
|
holder |
inserted by 12/2008 s 73(1) |
1.6.2009 |
|
ordinary resolution |
inserted by 8/2012 s 46(4) |
28.10.2013 |
|
relevant animal |
inserted by 11/2013 s 24(2) |
28.10.2013 |
|
special resolution |
amended by 8/2012 s 46(5), (6) |
28.10.2013 |
|
statutory encumbrance |
inserted by 13/1990 s 3(b) |
2.8.1990 |
|
|
amended by 54/1993 s 13(b) |
15.1.1994 |
|
|
(c) deleted by 54/1993 s 13(b) |
15.1.1994 |
|
|
amended by 56/1993 Sch 2 |
15.1.1994 |
|
|
amended by 12/2008 s 73(2)—(5) |
1.6.2009 |
|
therapeutic animal |
inserted by 11/2013 s 24(3) |
28.10.2013 |
|
Pt 2 |
|
|
|
Pt 2 Div 1 |
|
|
|
s 5 |
|
|
|
s 5(3) |
amended by 12/2008 s 74 |
1.6.2009 |
|
s 5(6) |
amended by 13/1990 s 4 |
2.8.1990 |
|
s 5(7) |
amended by 78/1991 s 3 |
2.4.1992 |
|
Pt 2 Div 2 before deletion by 12/2008 |
|
|
|
s 7 |
|
|
|
s 7(4) |
amended by 54/1993 s 13(c) |
15.1.1994 |
|
s 7(6) |
amended by 13/1990 s 5(a) |
2.8.1990 |
|
s 7(7) |
amended by 13/1990 s 5(b), (c) |
2.8.1990 |
|
s 8 |
|
|
|
s 8(1) |
amended by 38/1996 s 41(a) |
9.5.1998 |
|
s 8(1a) and (1b) |
inserted by 38/1996 s 41(b) as substituted by 43/1997 s 2 |
9.5.1998 |
|
s 8(4) |
amended by 11/1994 Sch |
8.9.1994 |
|
s 8(5) |
substituted by 13/1990 s 6(a) |
2.8.1990 |
|
|
deleted by 11/1994 Sch |
8.9.1994 |
|
s 8(6) |
substituted by 13/1990 s 6(b) |
1.9.1988 |
|
s 8(7) |
inserted by 13/1990 s 6(b) |
1.9.1988 |
|
Pt 2 Div 2 |
deleted by 12/2008 s 75 |
1.6.2009 |
|
Pt 2 Div 4 |
|
|
|
s 12 |
|
|
|
s 12(2) |
amended by 13/1990 s 7(a) |
2.8.1990 |
|
|
amended by 12/2008 s 76(1) |
1.6.2009 |
|
s 12(2a) |
inserted by 12/2008 s 76(2) |
1.6.2009 |
|
s 12(3) |
amended by 54/1993 s 13(d) |
15.1.1994 |
|
|
(b) deleted by 12/2008 s 76(3) |
1.6.2009 |
|
|
(a) deleted by 29/2016 Sch 2 |
4.7.2016 |
|
|
amended by 29/2016 Sch 2 |
4.7.2016 |
|
s 12(3a) |
inserted by 13/1990 s 7(b) |
2.8.1990 |
|
s 12(3b) and (3c) |
inserted by 12/2008 s 76(4) |
1.6.2009 |
|
s 12(4a) |
inserted by 13/1990 s 7(c) |
2.8.1990 |
|
s 12(5) |
substituted by 13/1990 s 7(d) |
2.8.1990 |
|
|
amended by 12/2008 s 76(5) |
1.6.2009 |
|
s 12(5a) |
inserted by 13/1990 s 7(d) |
2.8.1990 |
|
|
amended by 12/2008 s 76(6) |
1.6.2009 |
|
s 12(6) |
amended by 13/1990 s 7(e) |
2.8.1990 |
|
|
amended by 11/1994 Sch |
8.9.1994 |
|
|
amended by 29/2016 Sch 2 |
4.7.2016 |
|
s 12(6a) |
inserted by 13/1990 s 7(f) |
2.8.1990 |
|
|
deleted by 11/1994 Sch |
8.9.1994 |
|
s 12(8) |
inserted by 38/1996 s 42 |
4.11.1996 |
|
s 12A |
inserted by 12/2008 s 77 |
1.6.2009 |
|
s 13 |
|
|
|
s 13(1) |
amended by 8/2012 s 47(1) |
28.10.2013 |
|
s 13(3a) and (3b) |
inserted by 8/2012 s 47(2) |
28.10.2013 |
|
s 13(4) |
amended by 8/2012 s 47(1) |
28.10.2013 |
|
Pt 2 Div 5 |
amended by 13/1990 s 8 |
2.8.1990 |
|
|
amended by 54/1990 s 3(1) (Sch 4) |
24.12.1990 |
|
|
amended by 23/1992 s 7 |
21.5.1992 |
|
|
deleted by 54/1993 s 13(e) |
15.1.1994 |
|
Pt 2 Div 6 |
|
|
|
s 16 |
|
|
|
s 16(2) |
amended by 13/1990 s 9 |
2.8.1990 |
|
|
amended by 12/2008 s 78 |
1.6.2009 |
|
|
(d)(ii) deleted by 29/2016 Sch 2 |
4.7.2016 |
|
Pt 2 Div 7 |
|
|
|
s 17 |
|
|
|
s 17(1) |
amended by 8/2012 s 48(1) |
28.10.2013 |
|
s 17(3) |
amended by 12/2008 s 79(1) |
1.6.2009 |
|
|
(a) deleted by 29/2016 Sch 2 |
4.7.2016 |
|
s 17(4) |
amended by 8/2012 s 48(1) |
28.10.2013 |
|
s 17(4a) and (4b) |
inserted by 8/2012 s 48(2) |
28.10.2013 |
|
s 17(5) |
amended by 12/2008 s 79(2) |
1.6.2009 |
|
|
amended by 8/2012 s 48(1) |
28.10.2013 |
|
|
substituted by 29/2016 Sch 2 |
4.7.2016 |
|
s 17(7) |
amended by 13/1990 s 10(a) |
2.8.1990 |
|
|
amended by 8/2012 s 48(1) |
28.10.2013 |
|
s 17(7a) |
inserted by 13/1990 s 10(b) |
2.8.1990 |
|
|
amended by 29/2016 Sch 2 |
4.7.2016 |
|
s 17(9) |
inserted by 38/1996 s 43 |
4.11.1996 |
|
Pt 2 Div 7A |
inserted by 38/1996 s 44 |
4.11.1996 |
|
Pt 2 Div 8 |
inserted by 13/1990 s 11 |
2.8.1990 |
|
s 17A |
|
|
|
s 17A(1) |
amended by 12/2008 s 80 |
1.6.2009 |
|
|
amended by 29/2016 Sch 2 |
4.7.2016 |
|
s 17B |
|
|
|
s 17B(2) and (3) |
substituted by 11/1994 Sch |
8.9.1994 |
|
s 17B(4) |
deleted by 11/1994 Sch |
8.9.1994 |
|
s 17B(5) |
amended by 54/1993 s 13(f) |
15.1.1994 |
|
|
deleted by 11/1994 Sch |
8.9.1994 |
|
s 17B(6) |
amended by 54/1993 s 13(g) |
15.1.1994 |
|
|
deleted by 11/1994 Sch |
8.9.1994 |
|
Pt 3 |
|
|
|
Pt 3 Div 1 |
|
|
|
s 19 |
|
|
|
s 19(3a)—(3d) |
inserted by 8/2012 s 49(1) |
28.10.2013 |
|
s 19(4) |
amended by 11/2013 s 25 |
28.10.2013 |
|
s 19(5) |
inserted by 8/2012 s 49(2) |
28.10.2013 |
|
s 19A |
inserted by 8/2012 s 50 |
28.10.2013 |
|
s 20 |
|
|
|
s 20(3) |
deleted by 78/1991 s 4 |
2.4.1992 |
|
s 22 |
|
|
|
s 22(1) |
amended by 54/1990 s 3(1) (Sch 4) |
24.12.1990 |
|
|
amended by 78/1991 s 5 |
2.4.1992 |
|
s 23 |
|
|
|
s 23(1) |
amended by 13/1990 s 12(a) |
2.8.1990 |
|
s 23(1a) |
inserted by 13/1990 s 12(b) |
2.8.1990 |
|
s 23(5) |
amended by 54/1990 s 3(1) (Sch 4) |
24.12.1990 |
|
|
substituted by 78/1991 s 6 |
2.4.1992 |
|
Pt 3 Div 2 |
|
|
|
s 25 |
amended by 13/1990 s 13 |
2.8.1990 |
|
s 26 |
|
|
|
s 26(1) |
amended by 33/1999 Sch (item 56(a)) |
1.7.1999 |
|
s 26(2) |
amended by 13/1990 s 14(a) |
2.8.1990 |
|
s 26(3) |
amended by 13/1990 s 14(b) |
2.8.1990 |
|
s 26(6) |
amended by 54/1990 s 3(1) (Sch 4) |
24.12.1990 |
|
s 26A |
inserted by 8/2012 s 51 |
28.10.2013 |
|
s 27 |
|
|
|
s 27(2) |
amended by 8/2012 s 52(1) |
28.10.2013 |
|
s 27(4) |
substituted by 8/2012 s 52(2) |
28.10.2013 |
|
s 27(8) |
inserted by 13/1990 s 15 |
2.8.1990 |
|
Pt 3 Div 2A |
inserted by 8/2012 s 53 |
28.10.2013 |
|
Pt 3 Div 3 |
|
|
|
s 28 |
|
|
|
s 28(3) |
amended by 8/2012 s 54(1) |
28.10.2013 |
|
s 28(3a) and (3b) |
inserted by 8/2012 s 54(2) |
28.10.2013 |
|
s 29 |
|
|
|
s 29(1) |
substituted by 13/1990 s 16 |
2.8.1990 |
|
|
amended by 8/2012 s 55(1) |
28.10.2013 |
|
s 29(1a) |
inserted by 8/2012 s 55(2) |
28.10.2013 |
|
s 29(3) |
amended by 54/1990 s 3(1) (Sch 4) |
24.12.1990 |
|
|
deleted by 78/1991 s 7 |
2.4.1992 |
|
s 29(4) |
deleted by 78/1991 s 7 |
2.4.1992 |
|
s 29(5) |
amended by 54/1990 s 3(1) (Sch 4) |
24.12.1990 |
|
|
deleted by 78/1991 s 7 |
2.4.1992 |
|
s 29A |
inserted by 26/1992 s 10 |
6.7.1992 |
|
Pt 3 Div 4 |
|
|
|
s 30 |
|
|
|
s 30(3) |
amended by 13/1990 s 17 |
2.8.1990 |
|
s 31 |
|
|
|
s 31(2) |
amended by 13/1990 s 18 |
2.8.1990 |
|
s 31(2a)—(2c) |
inserted by 8/2012 s 56 |
28.10.2013 |
|
s 32 |
|
|
|
s 32(1) |
amended by 54/1990 s 3(1) (Sch 4) |
24.12.1990 |
|
|
amended by 78/1991 s 8 |
2.4.1992 |
|
|
amended by 8/2012 s 57 |
28.10.2013 |
|
Pt 3 Div 5 |
|
|
|
s 33 |
|
|
|
s 33(2) |
amended by 13/1990 s 19(a) |
2.8.1990 |
|
|
amended by 8/2012 s 58(1) |
28.10.2013 |
|
s 33(3) |
amended by 13/1990 s 19(b) |
2.8.1990 |
|
s 33(3aa) |
inserted by 8/2012 s 58(2) |
28.10.2013 |
|
s 33(3a) |
inserted by 13/1990 s 19(c) |
2.8.1990 |
|
s 33(4) |
amended by 54/1990 s 3(1) (Sch 4) |
24.12.1990 |
|
|
amended by 78/1991 s 9 |
2.4.1992 |
|
s 33(4a) and (4b) |
inserted by 8/2012 s 58(3) |
28.10.2013 |
|
s 33(6) |
substituted by 13/1990 s 19(d) |
2.8.1990 |
|
s 33(7) |
amended by 13/1990 s 19(e) |
2.8.1990 |
|
s 33(8) |
inserted by 13/1990 s 19(f) |
2.8.1990 |
|
|
substituted by 8/2012 s 58(4) |
28.10.2013 |
|
s 33(9)—(12) |
inserted by 8/2012 s 58(4) |
28.10.2013 |
|
s 33A |
inserted by 8/2012 s 59 |
28.10.2013 |
|
s 34 |
|
|
|
s 34(2) |
amended by 13/1990 s 20(a) |
2.8.1990 |
|
s 34(2a) |
inserted by 8/2012 s 60(1) |
28.10.2013 |
|
s 34(3a)—(3f) |
inserted by 8/2012 s 60(2) |
28.10.2013 |
|
s 34(5) |
amended by 13/1990 s 20(b) |
2.8.1990 |
|
s 34(6) |
substituted by 13/1990 s 20(c) |
2.8.1990 |
|
s 34(8) |
substituted by 13/1990 s 20(d) |
2.8.1990 |
|
|
substituted by 8/2012 s 60(3) |
28.10.2013 |
|
s 34A |
inserted by 8/2012 s 61 |
28.10.2013 |
|
Pt 3 Div 6 |
|
|
|
s 35 |
|
|
|
s 35(1) |
amended by 13/1990 s 21(a) |
2.8.1990 |
|
|
amended by 8/2012 s 62 |
28.10.2013 |
|
s 35(1a) |
inserted by 13/1990 s 21(b) |
2.8.1990 |
|
s 35(4) |
substituted by 13/1990 s 21(c) |
2.8.1990 |
|
s 35(4a) and (4b) |
inserted by 13/1990 s 21(c) |
2.8.1990 |
|
s 35(5) |
amended by 8/2012 s 62 |
28.10.2013 |
|
s 35(6) |
amended by 13/1990 s 21(d) |
2.8.1990 |
|
s 35(7) |
amended by 13/1990 s 21(e) |
2.8.1990 |
|
Pt 3 Div 6A |
inserted by 38/1996 s 45 |
4.11.1996 |
|
s 36A |
amended by 33/1999 Sch (item 56(b)) |
1.7.1999 |
|
s 36B |
|
|
|
agent |
amended by 33/1999 Sch (item 56(c)) |
1.7.1999 |
|
s 36C |
|
|
|
s 36C(4) |
amended by 33/1999 Sch (item 56(d)) |
1.7.1999 |
|
s 36E |
amended by 33/1999 Sch (item 56(e)) |
1.7.1999 |
|
s 36G |
|
|
|
s 36G(3) |
amended by 8/2012 s 63(1), (2) |
28.10.2013 |
|
s 36G(4) |
amended by 12/2008 s 81 |
1.6.2009 |
|
s 36H |
|
|
|
s 36H(1) |
amended by 59/1998 s 21 |
13.12.1998 |
|
|
amended by 8/2012 s 64(1) |
28.10.2013 |
|
s 36H(2) |
amended by 8/2012 s 64(2) |
28.10.2013 |
|
s 36I |
|
|
|
s 36I(2) |
amended by 33/1999 Sch (item 56(f)) |
1.7.1999 |
|
s 36J |
amended by 33/1999 Sch (item 56(g)) |
1.7.1999 |
|
s 36L |
|
|
|
s 36L(1) and (2) |
amended by 33/1999 Sch (item 56(h)) |
1.7.1999 |
|
Pt 3 Div 7 |
|
|
|
s 37 |
|
|
|
s 37(a1) |
inserted by 12/2008 s 82(1) |
1.6.2009 |
|
s 37(1) |
amended by 12/2008 s 82(2) |
1.6.2009 |
|
s 37(3) |
amended by 12/2008 s 82(3) |
1.6.2009 |
|
s 37(4) |
amended by 12/2008 s 82(4) |
1.6.2009 |
|
Pt 3 Div 8 |
|
|
|
s 38 |
|
|
|
s 38(1) |
amended by 54/1990 s 3(1) (Sch 4) |
24.12.1990 |
|
s 38(2) |
substituted by 13/1990 s 22 |
2.8.1990 |
|
s 38(3) |
amended by 54/1990 s 3(1) (Sch 4) |
24.12.1990 |
|
|
(a) deleted by 29/2016 Sch 2 |
4.7.2016 |
|
s 39 |
|
|
|
s 39(2) |
amended by 54/1990 s 3(1) (Sch 4) |
24.12.1990 |
|
s 39A |
inserted by 8/2012 s 65 |
28.10.2013 |
|
s 40 |
|
|
|
s 40(2) |
amended by 54/1990 s 3(1) (Sch 4) |
24.12.1990 |
|
s 41 |
|
|
|
s 41(1) |
amended by 13/1990 s 23(a), (b) |
2.8.1990 |
|
|
amended by 54/1990 s 3(1) (Sch 4) |
24.12.1990 |
|
|
amended by 8/2012 s 66(1), (2) |
28.10.2013 |
|
s 41(1a) and (1b) |
inserted by 8/2012 s 66(3) |
28.10.2013 |
|
s 41(2a) |
inserted by 13/1990 s 23(c) |
2.8.1990 |
|
|
amended by 54/1990 s 3(1) (Sch 4) |
24.12.1990 |
|
Pt 3A |
inserted by 78/1991 s 10 |
2.4.1992 |
|
s 41AA |
inserted by 8/2012 s 67 |
28.10.2013 |
|
s 41A |
|
|
|
s 41A(1) |
amended by 8/2012 s 68(1)—(3) |
28.10.2013 |
|
s 41A(2) |
substituted by 26/1992 s 11(a) |
6.7.1992 |
|
|
substituted by 12/2008 s 83 |
1.6.2009 |
|
s 41A(3) |
amended by 17/2006 s 223 |
4.9.2006 |
|
s 41A(4) |
amended by 26/1992 s 11(b) |
6.7.1992 |
|
s 41A(9) |
amended by 8/2012 s 68(4)—(6) |
28.10.2013 |
|
s 41A(10a) |
inserted by 8/2012 s 68(7) |
28.10.2013 |
|
s 41A(19) before deletion by 8/2012 |
|
|
|
small claim |
deleted by 26/1992 s 11(c) |
6.7.1992 |
|
s 41A(19) |
deleted by 8/2012 s 68(8) |
28.10.2013 |
|
Pt 4 |
|
|
|
s 44 |
|
|
|
s 44(2) |
substituted by 13/1990 s 24 |
2.8.1990 |
|
s 44(3) |
amended by 54/1990 s 3(1) (Sch 4) |
24.12.1990 |
|
s 44A |
inserted by 16/1989 s 3 |
4.5.1989 |
|
s 44A(2a) and (2b) |
inserted by 13/1990 s 25 |
2.8.1990 |
|
s 46 |
|
|
|
s 46(a1) |
inserted by 12/2008 s 84(1) |
1.6.2009 |
|
s 46(1) |
amended by 12/2008 s 84(2), (3) |
1.6.2009 |
|
s 46(2) and (3) |
amended by 12/2008 s 84(4) |
1.6.2009 |
|
s 47 |
substituted by 8/2012 s 69 |
28.10.2013 |
|
s 48A |
inserted by 12/2008 s 85 |
1.6.2009 |
|
s 49 |
|
|
|
s 49(1) |
substituted by 8/2012 s 70 |
28.10.2013 |
|
s 49(2) |
amended by 54/1990 s 3(1) (Sch 4) |
24.12.1990 |
|
|
substituted by 78/1991 s 11(a) |
2.4.1992 |
|
s 49(3) |
amended by 78/1991 s 11(b) |
2.4.1992 |
|
s 50 |
|
|
|
s 50(2) and (3) |
substituted by 8/2012 s 71 |
28.10.2013 |
|
s 50(4) |
amended by 13/1990 s 26 |
2.8.1990 |
|
s 50(5) |
amended by 54/1990 s 3(1) (Sch 4) |
24.12.1990 |
|
s 50A |
inserted by 8/2012 s 72 |
18.7.2013 |
|
s 50B |
inserted by 8/2012 s 72 |
28.10.2013 |
|
s 51 |
|
|
|
s 51(2) |
amended by 54/1990 s 3(1) (Sch 4) |
24.12.1990 |
|
|
amended by 8/2012 s 73 |
28.10.2013 |
|
Sch 1 |
deleted by 54/1990 s 3(1) (Sch 4) |
24.12.1990 |
|
Sch 2 |
|
|
|
cl 2 |
substituted by 13/1990 s 27 |
1.9.1988 |
|
cl 5 before deletion by 12/2008 |
|
|
|
cl 5(4) |
amended by 17/2006 s 224 |
4.9.2006 |
|
cl 5 |
deleted by 12/2008 s 86 |
1.6.2009 |
|
Sch 3 |
|
|
|
Article 6 |
amended by 13/1990 s 28 |
2.8.1990 |
Transitional etc provisions associated with Act or amendments
Statutes Amendment (Community and Strata Titles) Act 2012, Sch 1—Transitional provisions
1—Delegations made prior to commencement
(1) A delegation of functions or powers made by a community corporation before the commencement of section 17 or made by a strata corporation before the commencement of section 53 is revocable as follows:
(a) in a case where there is a contract relating to the delegation between the corporation and a body corporate manager—the delegation is revoked on termination or expiry of the contract;
(b) in any other case—the delegation is revocable by the corporation at any time by notice given in writing (notwithstanding any agreement to the contrary by the corporation).
(2) In this clause—
body corporate manager means a person who carries on a business, or is an employee in a business, that consists of, or includes, acting as a delegate of community corporations under the Community Titles Act 1996 or of strata corporations under the Strata Titles Act 1988.
Historical versions
|
Reprint No 1—2.4.1992 |
|
|
Reprint No 2—21.5.1992 |
|
|
Reprint No 3—6.7.1992 |
|
|
Reprint No 4—15.1.1994 |
|
|
Reprint No 5—8.9.1994 |
|
|
Reprint No 6—4.11.1996 |
|
|
Reprint No 7—9.5.1998 |
|
|
Reprint No 8—13.12.1998 |
|
|
Reprint No 9—1.7.1999 |
|
|
4.9.2006 |
|
|
1.6.2009 |
|
|
18.7.2013 |
|
|
28.10.2013 |
|
Appendix—Divisional penalties and expiation fees
At the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:
|
Division |
Maximum imprisonment |
Maximum fine |
Expiation fee |
|
1 |
15 years |
$60 000 |
— |
|
2 |
10 years |
$40 000 |
— |
|
3 |
7 years |
$30 000 |
— |
|
4 |
4 years |
$15 000 |
— |
|
5 |
2 years |
$8 000 |
— |
|
6 |
1 year |
$4 000 |
$300 |
|
7 |
6 months |
$2 000 |
$200 |
|
8 |
3 months |
$1 000 |
$150 |
|
9 |
– |
$500 |
$100 |
|
10 |
– |
$200 |
$75 |
|
11 |
– |
$100 |
$50 |
|
12 |
– |
$50 |
$25 |
Note: This appendix is provided for convenience of reference only.