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STRATA SCHEMES MANAGEMENT ACT 2015
- As at 20 August 2024
- 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 owners corporation
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
105A. Bonds or fees relating to keeping of animals not payable
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 - (Repealed)
None
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
Division 7 - Miscellaneous
132A. Agreements for supply of electricity, gas or other utilities
132B. Financing and installation of sustainability infrastructure
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
137A. Short-term rental accommodation
137B. Keeping of animals
138. Model by-laws
139. Restrictions on by-laws
139A. Restrictions on by-laws--assistance animals
140. Restrictions on by-laws during initial period
141. Changes to and consolidation of 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. Strata scheme information to be given to lessee
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 to appoint building inspector or notify Secretary
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
198A. Documents to be provided to 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
207A. False or misleading information in relation to contract price or building bond
208. Form of building bond
209. When amount secured by building bond payable
209A. Determination of amount when owners corporation and developer don't agree
210. Use of amounts secured by building bond
210A. Cancellation of building bond
211. Tribunal may make orders as to access and contract price
211A. Debt recovery if building bond not provided or insufficient
Division 3AA - Decennial insurance
211AA. Definitions
211AB. Exemption from certain inspection and building bond provisions if developer obtains decennial insurance
211AC. Exemption from other statutory insurance requirement
211AD. Directions to decennial insurers to provide information
211AE. Directions to developers to provide information about decennial insurance
211AF. False or misleading information in relation to decennial insurance
211AG. Tribunal may make orders as to access and in relation to decennial insurance
211AH. Requirements for evidence of decennial insurance before issue of certain building certificates
211AI. Regulations about decennial insurance
211AJ. Publication of information about decennial insurance
211AK. Extraterritorial application
Division 3A - Investigation and enforcement powers
211B. Authorised officers
211C. Purposes for which functions under Division may be exercised
211D. Power to require information and records
211E. Power of authorised officers to require answers
211F. Exercise of powers under sections 211D and 211E in conjunction with other powers
211G. Power of authorised officers to enter premises
211H. Search warrants
211I. Power to require owner, occupier or owners corporation to provide assistance
211J. Powers that can be exercised on premises
211K. Dealing with seized things
211L. Failure to comply with requirement under this Division
211M. Obstruction of authorised officer
Division 4 - Miscellaneous
212. Variation of times for reports and other matters
213. Review of decisions
213A. Liability of inspectors and persons acting under direction of inspectors
213B. Liability of professional associations in respect of accreditation functions
214. Regulations
215. Relationship of Part to other remedies
215A. Review of Part
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
247A. Civil penalties for contravention of orders
248. Recovery of unpaid civil penalty
PART 13 - OFFENCES AND PROCEEDINGS
Division 1 - Offences and enforcement
249. Investigations by Secretary
250. Penalty notices
250A. Continuing offences
251. 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
257A. Personal liability of Secretary and persons acting under Secretary's direction
258. Tenancy notice to be given to owners corporation
259. Notice to be given to owners corporation of mortgagee taking possession of lot
260. Personal liability of officers of owners corporations and others
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
271A. (Repealed)
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
276A. Review of keeping of animals
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
Schedule 4 (Repealed)
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