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STRATA SCHEMES MANAGEMENT ACT 2015

- As at 28 November 2018
- Act 50 of 2015

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Definitions
   5.      Resolutions of owners corporations
   6.      Meaning of "large strata scheme"
   7.      Connected persons

   PART 2 - MANAGING BODY FOR STRATA SCHEMES--OWNERS CORPORATION

           Division 1 - Constitution of owners corporation

   8.      Constitution of owners corporation

           Division 2 - Management of strata schemes

   9.      Owners corporation responsible for management of strata scheme
   10.     Functions of owners corporation generally
   11.     Other management bodies and persons who assist the owners corporation
   12.     Owners corporation may employ persons to assist in exercise of functions
   13.     Functions that may only be delegated to member of strata committee or strata managing agent

           Division 3 - Meetings of owners corporation

   14.     First AGM must be held within 2 months after initial period
   15.     Agenda for first AGM
   16.     Documents and records to be provided to owners corporation at first AGM
   17.     Tribunal may order initial documents to be provided
   18.     AGM must be held
   19.     Other general meetings
   20.     Tribunal may appoint person to hold first AGM and other meetings
   21.     Unanimous or special resolutions to be amended or revoked in same way
   22.     Notice to be given to owners corporation of right to cast vote at meeting
   23.     Meeting procedures and voting
   24.     Order invalidating resolution of owners corporation
   25.     Order where voting rights denied or due notice of item of business not given

           Division 4 - Limitation on functions during initial period

   26.     Restrictions on powers of owners corporation during initial period
   27.     Order to authorise certain acts during initial period

           Division 5 - Effect of termination order on owners corporation

   28.     Termination of strata scheme

   PART 3 - STRATA COMMITTEE OF OWNERS CORPORATION

           Division 1 - Constitution of strata committee

   29.     Owners corporation to appoint strata committee
   30.     Members of strata committee
   31.     Persons who are eligible to be appointed or elected to strata committee
   32.     Persons who are not eligible to be appointed or elected to strata committee
   33.     Tenant representatives
   34.     Acting members of strata committee
   35.     Vacation of office of elected member of strata committee

           Division 2 - Functions of strata committee

   36.     Functions of strata committee
   37.     Duty of members of strata committee
   38.     Acts and proceedings of strata committee valid despite vacancies or defects

           Division 3 - Meetings of strata committee

   39.     Convening meetings
   40.     Meeting procedures and voting

           Division 4 - Office holders

   41.     Strata committee to appoint officers
   42.     Functions of chairperson of owners corporation
   43.     Functions of secretary of owners corporation
   44.     Functions of treasurer of owners corporation
   45.     Vacation of office by officer
   46.     Payment of officers of owners corporation
   47.     Original owner to exercise officers' functions before appointment of officers
   48.     Tribunal may order meeting if no officers or strata committee

   PART 4 - STRATA MANAGING AGENTS AND BUILDING MANAGERS

           Division 1 - Appointment of strata managing agents

   49.     Appointment of strata managing agents
   50.     Term of appointment of strata managing agents
   51.     Transfer of functions of strata managing agent

           Division 2 - Functions of strata managing agent

   52.     Owners corporation may delegate functions to strata managing agent
   53.     Exercise of delegated functions by strata managing agent
   54.     Functions of officers and strata committee may be given to strata managing agent
   55.     Strata managing agent to record exercise of functions
   56.     Exercise of functions of strata managing agent appointed by Tribunal
   57.     Breaches by strata managing agent

           Division 3 - Accountability of strata managing agent

   58.     Strata managing agent may be required to provide information about trust account and other accounts
   59.     Provision of information about money received and other transactions
   60.     Disclosure of commissions and training services
   61.     Procedure for requiring information from strata managing agent
   62.     Offences
   63.     Responsibility for providing information if a strata managing agent ceases to hold a licence or dies
   64.     Exemption for information relating to certain transactions
   65.     Provision of other Act requiring agents to provide information not to apply to affairs of owners corporation

           Division 4 - Building managers

   66.     Building managers
   67.     Appointment of building managers
   68.     Term of appointment of building managers
   69.     Transfer of functions of building manager
   70.     Functions of building manager

           Division 5 - General

   71.     Interests must be disclosed by potential strata managing agents or building managers
   72.     Strata managing agent and building manager agreements may be terminated or varied by Tribunal

   PART 5 - FINANCIAL MANAGEMENT

           Division 1 - Funds and accounts of owners corporation

   73.     Administrative fund
   74.     Capital works fund
   75.     Investment of money in administrative fund or capital works fund
   76.     Use of administrative fund or capital works fund for purposes of other fund
   77.     Distribution of surplus money in administrative fund or capital works fund
   78.     Accounts of owners corporation

           Division 2 - Contributions by owners

   79.     Estimates to be prepared of contributions to administrative and capital works funds
   80.     Owners corporation to prepare 10-year capital works fund plan
   81.     Owners corporation to set contributions to administrative and capital works funds
   82.     Individual contributions may be larger if greater insurance costs
   83.     Levying of contributions
   84.     Liability of persons other than owners for contributions
   85.     Interest, discounts on contributions and payment plans
   86.     Recovery of unpaid contributions and interest
   87.     Orders varying contributions or payment methods
   88.     Effect of order varying contributions where payments have been made
   89.     Order requiring original owner to pay compensation for inadequate estimates and levies
   90.     Contributions for legal costs awarded in proceedings between owners and owners corporation
   91.     Information about contributions payable for retirement village

           Division 3 - Financial statements and accounting records of owners corporation

   92.     Owners corporation must prepare financial statements and statements of key financial information
   93.     Requirements for financial statements
   94.     Statement of key financial information
   95.     Auditing of accounts and financial statements

           Division 4 - Accounting records

   96.     Accounting records must be kept by owners corporation
   97.     Receipts
   98.     Transaction records
   99.     Levy register

           Division 5 - Financial functions generally

   100.    Power to borrow money
   101.    Persons who can exercise functions relating to the finances and accounts of the owners corporation
   102.    Limits on spending by large strata schemes
   103.    Legal services to be approved by general meeting
   104.    Restrictions on payment of expenses incurred in Tribunal proceedings
   105.    Disclosure of matters relating to legal costs

   PART 6 - PROPERTY MANAGEMENT

           Division 1 - Common property

   106.    Duty of owners corporation to maintain and repair property
   107.    Common property memorandum
   108.    Changes to common property
   109.    Cosmetic work by owners
   110.    Minor renovations by owners
   111.    Work by owners of lots affecting common property
   112.    Owners corporation may grant licence to use common property
   113.    Agreement for payment to owner of consideration on transfer or lease of common property
   114.    Functions subject to strata development contract
   115.    Initial maintenance schedule must be prepared

           Division 2 - Dealings with property

   116.    Powers to deal with property

           Division 3 - Work carried out by owners corporation

   117.    Provision of amenities and services to lot
   118.    Window safety devices--child safety
   119.    Work to rectify certain defects
   120.    Owners corporation may carry out work required to be carried out by others
   121.    Provision of letterbox

           Division 4 - Powers to enter premises and carry out work

   122.    Power of owners corporation to enter property in order to carry out work
   123.    Access for fire safety inspections
   124.    Orders by Tribunal relating to entry to carry out work or inspections

           Division 5 - Goods left on common property

   125.    Disposal of abandoned goods on common property

           Division 6 - Orders about property

   126.    Orders relating to alterations and repairs to common property and other property
   127.    Order relating to cosmetic work or minor renovations
   128.    Order consequent on alteration of building
   129.    Orders relating to window safety devices
   130.    Orders relating to personal property
   131.    Order granting certain licences
   132.    Rectification where work done by owner

   PART 7 - BY-LAWS FOR STRATA SCHEMES

           Division 1 - Interpretation

   133.    Definitions

           Division 2 - Establishment and effect of by-laws

   134.    By-laws that apply to strata schemes
   135.    Requirement to comply with by-laws
   136.    Matters by-laws can provide for
   137.    Occupancy limits
   138.    Model by-laws
   139.    Restrictions on by-laws
   140.    Restrictions on by-laws during initial period
   141.    Procedure for changes to by-laws

           Division 3 - By-laws conferring rights or privileges over common property

   142.    Common property rights by-law
   143.    Requirements and effect of common property rights by-laws
   144.    Common property rights by-law must provide for maintenance of property
   145.    Common property rights by-law binding on owners for time being

           Division 4 - Enforcement of by-laws

   146.    Notice by owners corporation to owner or occupier
   147.    Civil penalty for breach of by-laws

           Division 5 - Orders about by-laws

   148.    Order revoking amendment of by-law or reviving repealed by-law
   149.    Order with respect to common property rights by-laws
   150.    Order invalidating by-law

   PART 8 - OBLIGATIONS OF OWNERS, OCCUPIERS AND OTHERS RELATING TO LOTS

           Division 1 - Obligations relating to lots

   151.    Owners, occupiers and other persons not to interfere with support or shelter provided by lot or with services
   152.    Owner must notify owners corporation of alteration to lot structure
   153.    Owners, occupiers and other persons not to create nuisance

           Division 2 - Agents for owners

   154.    Appointment of agents by corporations to exercise functions in relation to lots
   155.    Owner may appoint agent if not able to deal with notices

           Division 3 - Keeping of animals on lots

   156.    Order for removal of an animal not permitted under by-laws
   157.    Order permitting keeping of animal
   158.    Order for removal of an animal permitted under by-laws
   159.    Effect of orders

   PART 9 - INSURANCE

           Division 1 - Owners corporation insurance obligations

   160.    Owners corporation to insure building
   161.    Requirements for damage policy
   162.    Insurance premiums where strata scheme is for part only of building
   163.    Use of insurance money by owners corporation
   164.    Other mandatory insurance requirements for owners corporation
   165.    Owners corporation may take out other insurance
   166.    Strata managing agent to obtain insurance quotations

           Division 2 - Insurance claims and other matters affecting insurance

   167.    Part does not limit owner's insurance rights
   168.    Insurable interests
   169.    Insurance of mortgaged lot
   170.    Insurance claim where owner at fault
   171.    Action against owners corporation by owner

           Division 3 - Orders about insurance

   172.    Exemption by Tribunal from building insurance requirements
   173.    Effect of exemption from building insurance requirements
   174.    Order to make or pursue insurance claim
   175.    Orders requiring damage policy

   PART 10 - RECORDS AND INFORMATION ABOUT STRATA SCHEMES

           Division 1 - Strata roll and other records

   176.    Form of records
   177.    Owners corporation must prepare strata roll
   178.    Content of strata roll
   179.    Notices and orders to be kept
   180.    Certain records to be retained for prescribed period
   181.    Owners corporation may require certain persons to produce records, accounts and property of the owners corporation

           Division 2 - Provision of information about strata schemes

   182.    Requests for inspection of records of owners corporation
   183.    Inspection of owners corporation documents
   184.    Certificate by owners corporation as to financial and other matters relating to lot
   185.    Strata information certificate is evidence of matters stated in it
   186.    Provision of strata scheme information to tenants

           Division 3 - Orders about strata roll and records

   187.    Order confirming information for strata roll
   188.    Order to supply information or documents

   PART 11 - BUILDING DEFECTS

           Division 1 - Preliminary

   189.    Definitions
   190.    Interpretation provisions--building work
   191.    Building work to which Part applies
   192.    Owners corporation decisions

           Division 2 - Inspection reports

   193.    Building inspectors
   194.    Obligations of developer
   195.    Approval of building inspector appointment by owners corporation
   196.    When building inspector for interim inspection arranged by Secretary
   197.    Building inspector must not be connected with developer
   198.    Obligations of building inspector
   199.    Interim report
   200.    Obligation to arrange final inspection and report
   201.    Final report
   202.    Persons who are to be provided with copies or notice of reports
   203.    Powers of building inspector
   204.    Costs of reports and appointment
   205.    Effect of inspection report
   206.    Rectification of defects

           Division 3 - Building bonds

   207.    Bond to be given
   208.    Form of building bond
   209.    When amount secured by building bond payable
   210.    Use of amounts secured by building bond
   211.    Tribunal may make orders as to access and contract price

           Division 4 - Miscellaneous

   212.    Variation of times for reports and other matters
   213.    Review of decisions
   214.    Regulations
   215.    Relationship of Part to other remedies

   PART 12 - DISPUTES AND TRIBUNAL POWERS
   Note

           Division 1 - Internal dispute resolution

   216.    Internal dispute resolution procedures for strata schemes

           Division 2 - Alternative dispute resolution by Secretary

   217.    Definitions
   218.    Matters that may be subject to mediation
   219.    Mediation involving disputes about part strata parcels
   220.    Representation of parties
   221.    Effect of Division on other agreements or arrangements
   222.    Privilege
   223.    Evidence of mediation sessions not admissible
   224.    Confidentiality
   225.    Exoneration from liability for mediators

           Division 3 - Procedures for applications to Tribunal

   226.    Interested persons
   227.    Certain applications cannot be accepted without prior mediation
   228.    Notice of applications to Tribunal

           Division 4 - Orders that may be made by Tribunal

   229.    General order-making power of Tribunal
   230.    Agreements and arrangements arising from mediation sessions
   231.    Interim orders
   232.    Orders to settle disputes or rectify complaints
   233.    Order for settlement of dispute between strata schemes
   234.    Order enforcing positive covenant
   235.    Orders enforcing restrictions on uses of utility lots
   236.    Order for reallocation of unit entitlements
   237.    Orders for appointment of strata managing agent
   238.    Orders relating to strata committee and officers

           Division 5 - General provisions relating to Tribunal powers and orders

   239.    Orders relating to title to land
   240.    Tribunal may make order of another kind
   241.    Tribunal may prohibit or direct taking of specific actions
   242.    Dismissal of application on certain grounds
   243.    Copies of orders
   244.    Tribunal to be provided with strata report and inspections
   245.    Effect of certain orders imposing obligations on owners corporation
   246.    Recording in Register of effect of certain orders
   247.    Changes to Register after orders allocating unit entitlements
   248.    Recovery of unpaid civil penalty

   PART 13 - OFFENCES AND PROCEEDINGS

           Division 1 - Offences and enforcement

   249.    Investigations by Secretary
   250.    Penalty notices
   251.    Nature of proceedings for offences
   252.    Proof of reasonable excuse

           Division 2 - Other proceedings

   253.    Other rights and remedies not affected by this Act
   254.    Owners corporation may represent owners in certain proceedings
   255.    Structural defects--proceedings as agent

   PART 14 - MISCELLANEOUS

   256.    Functions of Secretary
   257.    Delegation by Secretary
   258.    Tenancy notice to be given to owners corporation of leases or subleases
   259.    Notice to be given to owners corporation of mortgagee taking possession of lot
   260.    Personal liability
   261.    Address for service
   262.    Service of documents on an owners corporation
   263.    Service of documents by owners corporation and others
   264.    Service of documents
   265.    Change of owners corporation's address
   266.    Dividing fences
   267.    Apportionment of statutory charges
   268.    Powers of entry by public authority or public officer
   269.    Notices under Real Property Act 1900 to owners corporation taken to be notices to owners
   270.    Contracting out prohibited
   271.    Regulations
   272.    Persons who may keep seals of owners corporations
   273.    Affixing of seal of owners corporation
   274.    Act to bind Crown
   275.    Repeals
   276.    Review of Act
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           Schedule 4 (Repealed)


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