Schedule—Transitional provisions
In this Schedule—
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 members present and voting on the resolution.
2—Election as to application of this Act
(1) A strata
corporation under the Strata Titles Act 1988 may, by ordinary resolution,
decide that this Act and not the Strata Titles Act 1988 will apply to,
and in relation to, the corporation and the strata scheme.
(2) The corporation
must lodge with the Registrar-General a copy of the resolution (certified in
accordance with the regulations to be a true copy) and the Registrar-General
must file the resolution with the strata plan.
(3) The following
provisions apply from the time at which the resolution is filed with the
strata plan—
(a)
subject to subclause (5), this Act and not the Strata Titles
Act 1988 applies to, and in relation to, the corporation and the strata
scheme; and
(b) the
strata plan will be taken to be a primary strata plan of community division
deposited under this Act and the units created by the plan (including the unit
subsidiaries (if any)) will be taken to be primary strata lots having the same
boundaries as the units; and
(c) the
common property vests in the owners of the lots but duty is not payable under
the Stamp Duties Act 1923 in respect of that vesting; and
(d) the
strata corporation continues in existence as a primary community corporation
under this Act; and
(e) the
articles of the strata corporation continue as the by-laws of the community
scheme; and
(f) the
number of votes that may be cast in respect of each community lot will be
determined in accordance with section 87 except where, immediately before
the application of this Act, the number of votes in respect of each unit was
equivalent to the unit entitlement of the unit and, in that case, the voting
entitlement will remain unchanged until one or more of the lots is used solely
or predominantly for residential purposes or the by-laws are amended to change
the voting entitlement; and
(g) the
presiding officer, treasurer and secretary and the members of the management
committee (if any) of the strata corporation will continue to hold office
after the application of this Act as though this Act were in force when they
were appointed and they had been appointed under it; and
(h) if
an administrator of the strata corporation has been appointed, the
administrator will continue to hold office after the application of this Act
as though this Act were in force when he or she was appointed and he or she
had been appointed under it; and
(i)
money held by the strata corporation immediately before
the application of this Act must be paid into the corporation's administrative
or sinking fund under this Act according to the purpose for which the money
will be used.
(4) The
Registrar-General must either—
(a)
cancel the certificates of title for the strata lots and common property and
issue new certificates of title in their place and must state on the new
certificates that the strata scheme is subject to this Act; or
(b) make
endorsements on the certificates for the strata lots and common property to
the effect that this Act and not the Strata Titles Act 1988 applies to,
and in relation to, the strata scheme.
(5) Proceedings
commenced under the Strata Titles Act 1988 in relation to, a strata
corporation or strata scheme before the application of this Act to, or in
relation to the corporation or scheme, may be continued and completed under
that Act.
3—Prescribed building unit schemes
(1) Where—
(a) land
was, before 22 February, 1968, laid out in a building unit scheme consisting
of two or more units designed for separate occupation; and
(b) as
at that date, buildings to which the scheme relates had been erected,
the scheme is one to which this clause applies.
(2) An application may
be made under this Act for the deposit of a plan of community division in
relation to land subject to a scheme to which this clause applies.
(2a) When deposited
the plan will be a primary strata plan of community division even if there is
no lot situated above another lot in the building (see section 19).
(3) An application
cannot be made under subclause (2) without the consent of—
(a) the
person on whom rights to occupation of the units have been conferred under the
scheme; and
(b) any
other person who holds a registered encumbrance (not being an easement) over
the land; and
(c) any
company formed to administer the scheme.
(4) Where a
community plan is deposited in pursuance of an application under this
clause—
(a) the
scheme is terminated;
(b) all
registered encumbrances (except easements and statutory encumbrances) that had
been entered on the certificate for the land are extinguished and any related
instrument is discharged (although the Registrar-General will, on due
application being made, register any instrument in substitution for any
instrument that is cancelled by the operation of this paragraph and may note a
caveat on the title without the permission of the Court);
(c) the
certificate for the community lots will be issued in the names of the persons
who were entitled to occupation of the units under the scheme;
(d) the
assets and liabilities of any company formed to administer the scheme are
transferred to the community corporation.