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This is a Bill, not an Act. For current law, see the Acts databases.


STRATA TITLES AMENDMENT BILL 2018

                      Western Australia


      Strata Titles Amendment Bill 2018

                          Contents

        Part 1 -- Preliminary
1.      Short title                                 2
2.      Commencement                                2
3.      Notes not part of Act                       2
        Part 2 -- Strata Titles Act 1985
             amended
        Division 1 -- Preliminary
4.      Act amended                                 3
        Division 2 -- Amendment of long title and
               Parts I to VIII
5.      Long title replaced                         3
6.      Part 1 heading replaced                     3
        Part 1 -- Preliminary
7.      Section 3 amended                           3
8.      Section 3A amended                         32
9.      Section 3AB amended                        33
10.     Section 7 amended                          34
11.     Section 7B amended                         37
12.     Section 12A amended                        39
13.     Section 21A amended                        40
14.     Section 21C amended                        40
15.     Section 21D amended                        41
16.     Section 21F amended                        41
17.     Section 21G amended                        42
18.     Section 21I amended                        42
19.     Section 21J amended                        43
20.     Section 21Q amended                        43
21.     Section 21R amended                        44


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      22.     Section 21S amended    45
      23.     Section 21T amended    46
      24.     Section 21U amended    47
      25.     Section 21V amended    48
      26.     Section 21W amended    49
      27.     Section 21Y amended    50
      28.     Section 21Z amended    51
      29.     Section 24 amended     52
      30.     Section 26 amended     53
      31.     Section 28 amended     55
      32.     Section 29 amended     58
      33.     Section 29A amended    59
      34.     Section 29B amended    61
      35.     Section 29C amended    63
      36.     Section 31B amended    63
      37.     Section 31C amended    64
      38.     Section 31D amended    64
      39.     Section 31E amended    65
      40.     Section 31F amended    67
      41.     Section 31G amended    69
      42.     Section 31H amended    69
      43.     Section 31J amended    70
      44.     Section 31K amended    72
      45.     Section 33 amended     72
      46.     Section 34 amended     74
      47.     Section 35 amended     75
      48.     Section 35A amended    76
      49.     Section 36 amended     78
      50.     Section 37 amended     81
      51.     Section 38 amended     84
      52.     Section 39A amended    86
      53.     Section 44 amended     88
      54.     Section 45 amended     90
      55.     Section 53A amended    91
      56.     Section 53B amended    91
      57.     Section 53C amended    93
      58.     Section 53D amended    95
      59.     Section 53E amended    97
      60.     Section 57 amended     99
      61.     Section 60 amended    101
      62.     Section 61 amended    102

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63.   Section 62 amended                                             102
64.   Section 62A amended                                            105
65.   Section 63 amended                                             106
66.   Section 64 amended                                             108
67.   Section 65 amended                                             109
68.   Section 65A amended                                            111
69.   Section 66 amended                                             111
70.   Section 67 amended                                             112
71.   Section 122 amended                                            113
72.   Section 122A amended                                           114
73.   Section 123 amended                                            115
74.   Section 123B amended                                           116
75.   Section 124 amended                                            117
76.   Section 126 amended                                            118
77.   Section 129B amended                                           118
78.   Section 129C amended                                           119
79.   Section 130 amended                                            120
80.   Section 131A amended                                           123
81.   Section 131B amended                                           123
      Division 3 -- Deletion and insertion of
             provisions in body of Act
82.   Deletion of headings and provisions                            124
83.   Insertion of sections 4 and 5 and Parts 2 to 14                124
      4.        Notes and examples not part of Act            124
      5.        Act binds Crown                               124
      Part 2 -- Strata titles schemes
      6.        Legislative framework                         125
      7.        Strata titles schemes                         125
      8.        Freehold schemes and leasehold
                schemes                                       126
      9.        Lots -- strata schemes and survey-strata
                schemes                                       128
      10.       Common property                               129
      11.       Subdivision of land by strata titles scheme   130
      12.       Registration of strata titles scheme          131
      13.       Strata titles                                 132
      14.       Strata company                                135
      Part 3 -- Planning and development
      Division 1 -- Planning approvals
      Subdivision 1 -- Strata schemes
      15.       Subdivision approval of strata scheme         136



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              16.       Application of Planning and Development
                        Act                                           137
              Subdivision 2 -- Survey-strata schemes
              17.       Subdivision approval of survey-strata
                        scheme                                        137
              Subdivision 3 -- General provisions
              18.       Planning (scheme by-laws) condition           138
              19.       Planning approval of scheme plan or
                        amendment of scheme plan                      138
              20.       Approval for postponement of expiry day
                        for leasehold scheme                          140
              21.       Approval for modification of restricted use
                        condition                                     140
              22.       Approval under planning (scheme
                        by-laws) condition                            141
              23.       Requirement for local government
                        approval                                      141
              Division 2 -- Preliminary determinations
              Division 3 -- Common property
              25.       Long term lease of temporary common
                        property                                      142
              26.       Long term lease or licence over common
                        property                                      142
              Division 4 -- Review of decisions
              27.       Review of Planning Commission decision        142
              Part 4 -- Scheme documents
              Division 1 -- Scheme notice
              29.       Scheme notice                                 144
              30.       Scheme name and address for service of
                        strata company                                144
              31.       Postponement of expiry day for leasehold
                        scheme                                        145
              Division 2 -- Scheme plans
              32.       Scheme plan                                   145
              33.       Short form easements or restrictive
                        covenants                                     147
              34.       Requirements for registration of scheme
                        plan                                          149
              35.       Requirements for registration of
                        amendment of scheme plan                      150
              36.       Exemption for staged subdivision              156
              Division 3 -- Schedule of unit entitlements
              37.       Schedule of unit entitlements                 157
              38.       Requirements for registration of
                        amendment of schedule of unit
                        entitlements                                  158


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Division 4 -- Scheme by-laws
39.       Scheme by-laws on registration                160
40.       Leasehold by-laws                             160
41.       Resolution for postponement of expiry day
          under leasehold by-laws                       162
42.       Staged subdivision by-laws                    163
43.       Exclusive use by-laws                         165
44.       Making of scheme by-laws                      166
45.       Application of scheme by-laws                 167
46.       Invalidity of scheme by-laws                  168
47.       Enforcement of scheme by-laws                 169
48.       Requirements for registration of
          amendment to give effect to scheme
          by-laws                                       172
Division 5 -- Strata leases
49.       Relationship with other laws                  173
50.       Term of strata lease                          173
51.       Limitations on powers of owner of
          leasehold scheme                              174
52.       Content and form of strata lease              174
53.       Amendment of strata lease                     176
54.       Enforcement of strata lease                   176
55.       Contracting out prohibited                    178
Part 5 -- Registration and land titles
Division 1 -- Schemes and amendment of schemes
56.       Application for registration                  178
57.       Effect of registration                        180
58.       Registration process                          181
59.       No presumption of validity of scheme
          by-laws                                       183
Division 2 -- Re-entry or surrender of strata leases
60.       Notice and registration                       183
Division 3 -- Statutory easements
61.       Easement for support, shelter and
          projections -- lot                             184
62.       Easement for support, shelter and
          projections -- common property                 186
63.       Utility service easement                      187
64.       Common property (utility and sustainability
          infrastructure) easement                      189
65.       Entry under statutory easement                190
66.       Rectification of damage                       192
Division 4 -- Rates, taxes and charges
Part 6 -- Scheme developer
77.       First statutory general meeting               192
78.       Key documents                                 193


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              79.        Disclosure of remuneration and other
                         benefits                                       194
              80.        Defects in scheme buildings or
                         infrastructure                                 195
              81.        Contracting out prohibited                     196
              Part 7 -- Lot owners and occupiers
              Division 1 -- General
              82.       Offence to contravene restricted use
                        condition                                       196
              83.       Use and enjoyment                               196
              85.       Person to act for lot owner in certain
                        circumstances                                   196
              Division 2 -- Structural alteration of lots
              86.       Terms used in this Division                     197
              88.       Structural alteration of lot in survey-strata
                        scheme                                          197
              90.       Order dispensing with approval for
                        structural alteration of lot                    198
              Part 8 -- Strata company
              Division 1 -- Functions
              Subdivision 1 -- Property
              92.       Temporary common property                    199
              93.       Transactions affecting common property
                        or parcel                                    200
              95.       Power of strata company to enter any part
                        of parcel                                    201
              96.       Recovery of records, keys and property       202
              Subdivision 2 -- Insurance
              97.       Required insurance                           203
              98.       Notice to member of strata company           205
              99.       Member may obtain required insurance         206
              Subdivision 3 -- Financial management
              101.      Accounting records and statement of
                        accounts                                     206
              102.      Budget                                       207
              Subdivision 4 -- Representation and judgment debts
              Subdivision 5 -- Records and correspondence
              104.      Records and correspondence                   209
              106.      Address for service if no roll maintained in
                        2, 3, 4 or 5-lot scheme                      212
              Subdivision 6 -- Provision of information
              107.      Application by person with proper interest
                        in information                               212
              108.      Contact information                          213
              109.      Inspection of material                       214


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110.      Certificates                                 215
111.      Legal professional privilege and
          defamation                                   217
Subdivision 7 -- Miscellaneous powers
112.      Compliance with scheme by-laws               217
113.      Enforcement of road laws                     217
114.      Enforcement of local laws                    217
Subdivision 8 -- Limitations
117.      Limitations on exercise of powers            218
118.      Common seal and execution of
          documents                                    218
Division 2 -- Objectives
119.      Objectives                                   219
Division 3 -- Procedures
Subdivision 1 -- Voting and resolutions
120.      Voting                                       220
121.      Voting period                                222
122.      Counting of votes                            222
123.      Resolutions                                  223
124.      Voting by proxy                              226
125.      Disqualification from voting as proxy        226
126.      Exercise of voting power in certain cases    227
Subdivision 2 -- Meetings of strata company
127.      Annual general meetings of strata
          company                                      228
128.      Extraordinary general meetings of strata
          company                                      229
129.      Notice requirements for all general
          meetings                                     230
130.      Quorum at general meetings                   231
131.      Holding meetings remotely                    231
132.      Conducting business at general meetings      232
133.      Resolutions of general meetings              232
134.      Performance of restricted council
          functions in general meeting                 232
Division 4 -- Councils
137.      Council members: general duties and
          conflicts of interest                        232
Division 5 -- Miscellaneous
138.      Performance of council functions in
          general meeting if no council or quorum      234
140.      Special rules for 2, 3, 4 or 5-lot schemes   234
141.      Protection from liability                    235
142.      Exclusion of Corporations Act                236




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              Part 9 -- Strata managers
              143.      Authorisation of functions of strata
                        manager                                     236
              144.      Requirements to be met by strata
                        manager                                     238
              145.      Strata management contracts: minimum
                        requirements                                239
              146.      General duties and conflict of interest     240
              147.      Disclosure of remuneration and other
                        benefits                                    242
              148.      Operation of accounts                       242
              149.      Accounting information                      243
              150.      Audits                                      244
              151.      Termination of strata management
                        contract                                    245
              152.      Return of records and other property        247
              153.      Provision of information about industry     247
              154.      Contracting out prohibited                  248
              155.      Protection from liability                   248
              Part 10 -- Protection of buyers
              156.      Information to be given before contract     249
              157.      Information to be given after contract      253
              158.      Delay in settlement for failure to give
                        information                                 254
              159.      Avoidance of contract for failure to give
                        information                                 255
              160.      Avoidance of contract on notification of
                        variation for material prejudice            255
              161.      Avoidance of contract for failure to
                        disclose type 1 notifiable variation        256
              162.      Avoidance of contract for failure to
                        disclose type 2 notifiable variation        256
              163.      Proposed lot contract                       257
              164.      Avoidance of contract -- manner and
                        effect                                      258
              165.      Contracting out prohibited                  259
              Part 11 -- Variation of strata titles scheme
                     by Tribunal
              Division 1 -- On damage or destruction
              Division 2 -- On compulsory acquisition
              Division 3 -- Notice of applications
              Part 12 -- Termination of strata titles scheme
              Division 1 -- Introduction
              171.      Forms of termination                        259
              Division 2 -- Expiry of leasehold scheme
              172.      Notification of expiry                      260


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Division 3 -- Termination proposal
173.       Proponent                                   261
174.       Outline of termination proposal             261
175.       Content of outline of termination proposal  262
176.       Ordinary resolution and support of owner
           of leasehold scheme required to proceed
           further                                     264
177.       Approval of plan of subdivision             264
178.       Full proposal                               265
179.       Content of full proposal                    266
180.       Support of owner of leasehold scheme
           required                                    270
181.       Meetings and submissions                    271
182.       Vote                                        272
183.       Confirmation of termination resolution by
           Tribunal                                    274
184.       Endorsement of subdivision approval on
           plan                                        282
185.       Application for termination of scheme       282
186.       Withdrawal of termination proposal          283
187.       Notice that termination proposal cannot
           proceed further                             284
188.       Notices received by Registrar of Titles     285
189.       Costs of process                            285
190.       Arrangements for independent advice or
           representation for owners                   286
Division 4 -- Termination by single owner
191.       Application for termination by single owner 286
Division 5 -- Directions for winding up of
       strata company
192.       Order for directions about winding up of
           strata company                              287
Division 6 -- Notice, application and
       registration process
193.       Notice of expiry or application for
           termination of scheme                       288
194.       Registration process for termination of
           scheme                                      289
195.       Effect of termination of scheme             290
Division 7 -- Termination on compulsory acquisition
Part 13 -- Tribunal proceedings
197.      Scheme disputes                             292
198.      Procedure                                   296
199.      Declarations                                298
200.      Orders                                      299
201.      Interim orders                              303
202.      Decision not to make order or declaration   303


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              203.     Certain powers only exercisable by judicial
                       member or legally qualified member            304
              204.     Limitations on orders                         304
              205.     Administrator of strata company               306
              206.     Contributions for money payable by strata
                       company                                       306
              207.     Enforcement of order to act                   307
              208.     Order overrides existing scheme by-laws       308
              209.     Original jurisdiction                         308
              210.     Internal review of order or declaration       308
              Part 14 -- Miscellaneous
              215.     Address for service                           310
              216.     Service of documents on strata company,
                       owners and others                             310
              218.     Correction of errors by Registrar of Titles   312
              222.     Disposition statement                         313
              223.     Requirements under Transfer of Land Act       313
              227.     Review of this Act                            314
              228.     Transitionals and savings: Schedules 3, 4
                       and 5                                         314
              Division 4 -- Sections relocated to Parts 2 to 14
     84.      Sections relocated to Parts 2 to 14                          315
     85.      References to renumbered provisions in other laws
              or other documents                                           319
              Division 5 -- Amendment of Schedules
     86.      Schedule 1 heading replaced                                  319
              Schedule 1 -- Governance by-laws
     87.      Schedule 1 by-law 1 amended                                  320
     88.      Schedule 1 by-law 2 deleted                                  321
     89.      Schedule 1 by-law 3 amended                                  321
     90.      Schedule 1 by-law 4 amended                                  323
     91.      Schedule 1 by-law 5 amended                                  327
     92.      Schedule 1 by-law 6 amended                                  332
     93.      Schedule 1 by-law 7 amended                                  333
     94.      Schedule 1 by-law 8 amended                                  334
     95.      Schedule 1 by-law 9 amended                                  336
     96.      Schedule 1 by-law 10 amended                                 336
     97.      Schedule 1 by-laws 11 to 15 deleted                          337
     98.      Schedule 2 heading replaced                                  337
              Schedule 2 -- Conduct by-laws
     99.      Schedule 2 by-law 1 replaced                                 337
              1.       Vehicles and parking                          337


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100.   Schedule 2 by-law 2 replaced                                   338
       2.        Use of common property                        338
101.   Schedule 2 by-law 3 amended                                    338
102.   Schedule 2 by-law 4 amended                                    339
103.   Schedule 2 by-law 5 deleted                                    339
104.   Schedule 2 by-law 6 amended                                    340
105.   Schedule 2 by-law 7 amended                                    340
106.   Schedule 2 by-law 8 amended                                    341
107.   Schedule 2 by-law 9 amended                                    341
108.   Schedule 2 by-law 10 amended                                   342
109.   Schedule 2 by-law 11 amended                                   342
110.   Schedule 2 by-law 12 amended                                   343
111.   Schedule 2 by-law 13 amended                                   344
112.   Schedule 2 by-law 14 amended                                   344
113.   Schedule 2 by-law 15 inserted                                  344
       15.       Decoration of, and affixing items to, inner
                 surface of lot                                344
114.   Schedule 2A replaced                                           345
       Schedule 2A -- Special provisions for single tier
              strata schemes
       Part 1 -- Introduction
       1.         Application of Schedule                      345
       2.         Meaning of lot and structural cubic space    345
       2A.        Dividing fences                              346
       3.         Terms used                                   346
       Part 2 -- Lot boundaries
       4.        Order for extension of period for
                 reinstatement of building without affecting
                 boundary                                    346
       Part 3 -- Statutory easement
       Part 4 -- Subdivision
       Division 1 -- Merger of common property into lots in
              certain strata schemes
       Subdivision 1 -- Preliminary
       Subdivision 2 -- Merger by resolution of buildings
              that are common property
       Subdivision 3 -- Merger by resolution of land that is
              common property
       Division 2 -- Conversion of strata schemes to
              survey-strata schemes
       Part 5 -- Insurance
115.   Schedule 3 heading amended                                     348

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      116.    Schedule 4 heading amended                                    348
              Division 6 -- Sections relocated to Schedule 2A
      117.    Sections relocated to Schedule 2A                             348
      118.    References to redesignated provisions in other laws
              or other documents                                            353
              Division 7 -- Insertion of transitional provisions
      119.    Schedule 5 inserted                                           354
              Schedule 5 -- Transitional provisions for Strata
                   Titles Amendment Act 2018
              1.       Terms used                                     354
              2.       Continuance of strata titles schemes           354
              3.       Scheme notice                                  355
              4.       Scheme by-laws                                 355
              5.       Schedule of unit entitlements                  356
              6.       Council members and officers                   356
              7.       Applications lodged with Registrar of Titles
                       before commencement day                        357
              8.       Approvals and certificates                     358
              9.       Utility service easement                       358
              10.      Scheme developers                              358
              11.      Structural alteration of lot                   359
              12.      Records and correspondence                     359
              13.      Strata managers                                360
              14.      Scheme disputes                                361
              15.      Administrators                                 361
              16.      Schedule 2A                                    361
              17.      Short form easements and restrictive
                       covenants                                      362
              18.      Restricted use conditions                      362
              19.      Approvals for structural alterations           362
              20.      Temporary common property                      363
              21.      Termination of strata scheme by
                       unanimous resolution                           363
              22.      Roll                                           363
              23.      Financial management                           363
              24.      Extension of contract termination period       364
              25.      Provision of information                       364
              26.      Authorisation of body corporate                364
              27.      Restrictions on powers of expenditure          364
              28.      Insurance in transitional period               364
              29.      Protection of buyers                           365
              30.      Proceedings                                    365




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                                Strata Titles Amendment Bill 2018



                                                        Contents



       Part 3 -- Other Acts amended
       Division 1 -- Building Act 2011 amended
120.   Act amended                                        366
121.   Section 3 amended                                  366
122.   Section 5 amended                                  366
123.   Section 50 deleted                                 366
       Division 2 -- Caravan Parks and Camping
             Grounds Act 1995 amended
124.   Act amended                                        367
125.   Section 5 amended                                  367
       Division 3 -- Credit (Administration) Act 1984
             amended
126.   Act amended                                        367
127.   Section 4 amended                                  367
       Division 4 -- Credit Act 1984 amended
128.   Act amended                                        368
129.   Section 5 amended                                  368
       Division 5 -- Duties Act 2008 amended
130.   Act amended                                        368
131.   Section 3 amended                                  368
132.   Section 17 amended                                 368
133.   Section 18 amended                                 369
134.   Section 87 amended                                 369
135.   Section 90 amended                                 370
136.   Section 112 amended                                370
       Division 6 -- Environmental Protection Act 1986
             amended
137.   Act amended                                        371
138.   Section 3 amended                                  371
       Division 7 -- First Home Owner Grant Act 2000
             amended
139.   Act amended                                        371
140.   Section 6 amended                                  371
141.   Section 14B amended                                372
       Division 8 -- Heritage of Western Australia
             Act 1990 amended
142.   Act amended                                        372
143.   Section 78 amended                                 372

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              Division 9 -- Land Administration Act 1997
                    amended
      144.    Act amended                                                 372
      145.    Section 3 amended                                           372
      146.    Section 16 amended                                          373
      147.    Section 35 amended                                          373
      148.    Section 72 amended                                          375
      149.    Section 75 amended                                          376
              Division 10 -- Land Information Authority
                    Act 2006 amended
      150.    Act amended                                                 378
      151.    Section 94A amended                                         378
              Division 11 -- Land Tax Assessment Act 2002
                    amended
      152.    Act amended                                                 379
      153.    Section 43A amended                                         379
      154.    Section 43B inserted                                        379
              43B.     Freehold reversion in parcel subdivided by
                       leasehold scheme, exemption for              379
      155.    Glossary amended                                            380
              Division 12 -- Local Government Act 1995
                    amended
      156.    Act amended                                                 381
      157.    Section 1.4 amended                                         381
              Division 13 -- Perth Parking Management
                    Act 1999 amended
      158.    Act amended                                                 382
      159.    Section 4 amended                                           382
              Division 14 -- Planning and Development
                    Act 2005 amended
      160.    Act amended                                                 382
      161.    Section 4 amended                                           382
      162.    Section 136 amended                                         383
      163.    Section 148 deleted                                         383
      164.    Section 150 amended                                         384
      165.    Section 152 amended                                         384
      166.    Part 10 Division 5A inserted                                384




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       Division 5A -- Integration of subdivision and
              development
       164A.     Integration of subdivision and
                 development                                   384
167.   Section 165 amended                                            387
168.   Section 167 amended                                            387
169.   Section 168 amended                                            387
170.   Schedule 2 amended                                             388
       Division 15 -- Property Law Act 1969 amended
171.   Act amended                                                    388
172.   Section 68A amended                                            388
       Division 16 -- Rates and Charges (Rebates and
             Deferments) Act 1992 amended
173.   Act amended                                                    388
174.   Section 27 amended                                             388
175.   Section 28 amended                                             389
176.   Section 33 amended                                             389
177.   Section 43 amended                                             389
       Division 17 -- Real Estate and Business Agents
             Act 1978 amended
178.   Act amended                                                    389
179.   Section 61 amended                                             390
180.   Section 131A amended                                           390
       Division 18 -- Residential Tenancies Act 1987
             amended
181.   Act amended                                                    390
182.   Section 5 amended                                              390
       Division 19 -- Retirement Villages Act 1992
             amended
183.   Act amended                                                    391
184.   Section 54B inserted                                           391
       54B.     Jurisdiction of Tribunal under Strata Titles
                Act 1985                                       391
       Division 20 -- Sale of Land Act 1970 amended
185.   Act amended                                                    391
186.   Section 11 amended                                             391
       Division 21 -- Settlement Agents Act 1981
             amended
187.   Act amended                                                    391


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      188.    Section 46 amended                              392
      189.    Section 47 amended                              392
              Division 22 -- Swan and Canning Rivers
                    Management Act 2006 amended
      190.    Act amended                                     392
      191.    Section 3 amended                               392
      192.    Section 28 amended                              393
              Division 23 -- Transfer of Land Act 1893
                    amended
      193.    Act amended                                     393
      194.    Section 3 amended                               393
      195.    Section 4 amended                               393
      196.    Section 11 amended                              393
      197.    Section 48B amended                             394
      198.    Section 65A amended                             394
      199.    Section 129A amended                            395
      200.    Section 129C amended                            395
      201.    Section 136A amended                            395
      202.    Section 136F amended                            395
      203.    Section 198 amended                             396
      204.    Section 239 amended                             396
              Division 24 -- Valuation of Land Act 1978
                    amended
      205.    Act amended                                     396
      206.    Section 24 amended                              396
      207.    Section 37 amended                              396
              Division 25 -- Water Services Act 2012 amended
      208.    Act amended                                     397
      209.    Section 71 amended                              397
      210.    Section 124 amended                             397
      211.    Section 125 amended                             397




page xvi
                           Western Australia


                     LEGISLATIVE ASSEMBLY

              (As amended during consideration in detail)

          Strata Titles Amendment Bill 2018

                               A Bill for


An Act --
•  to amend the Strata Titles Act 1985; and
•  to make consequential and related amendments to other Acts;
   and
•  for related purposes.



The Parliament of Western Australia enacts as follows:




                                                            page 1
     Strata Titles Amendment Bill 2018
     Part 1          Preliminary

     s. 1



1                           Part 1 -- Preliminary
2    1.       Short title
3             This is the Strata Titles Amendment Act 2018.

4    2.       Commencement
5             This Act comes into operation as follows --
6              (a) sections 1 and 2 -- on the day on which this Act
7                    receives the Royal Assent;
8              (b) the rest of the Act -- on a day fixed by proclamation,
9                    and different days may be fixed for different provisions.
10   3.       Notes not part of Act
11            A note in this Act is provided to assist understanding and does
12            not form part of this Act.




     page 2
                                                      Strata Titles Amendment Bill 2018
                                        Strata Titles Act 1985 amended           Part 2
                                                              Preliminary   Division 1
                                                                                    s. 4



1               Part 2 -- Strata Titles Act 1985 amended
2                               Division 1 -- Preliminary
3    4.         Act amended
4               This Part amends the Strata Titles Act 1985.

5         Division 2 -- Amendment of long title and Parts I to VIII
6               Note:
7                       The sections amended in this Division and other sections not amended
8                       are redesignated or renumbered and relocated by Divisions 4 and 6.

9    5.         Long title replaced
10              Delete the long title and insert:
11
12                An Act --
13                •  to provide for the subdivision of land by strata titles
14                  schemes, the creation of strata titles and the
15                  governance and operation of strata titles schemes;
16                  and
17                •  for related purposes.
18


19   6.         Part 1 heading replaced
20              Delete the heading to Part 1 and insert:
21


22                                Part 1 -- Preliminary
23


24   7.         Section 3 amended
25        (1)   In section 3(1) delete the definitions of:
26              administrator
27              building


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     s. 7



1             Commission
2             common property
3             council
4             licensed surveyor
5             licensed valuer
6             local government
7             occupier
8             open space
9             original proprietor
10            parcel
11            permitted boundary deviation
12            person concerned
13            prescribed
14            proprietor
15            Register
16            Registrar of Titles
17            resolution without dissent
18            re-subdivision
19            scheme
20            single tier strata scheme
21            special resolution
22            strata company
23            strata/survey-strata plan
24            strata plan
25            strata scheme
26            structural cubic space
27            survey-strata plan
28            survey-strata scheme
29            take, taken and taking

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                     Amendment of long title and Parts I to VIII Division 2
                                                                         s. 7



1          two-lot scheme
2          unanimous resolution
3          unit entitlement
4    (2)   In section 3(1) insert in alphabetical order:
5

6                2, 3, 4 or 5-lot scheme means a strata titles scheme in
7                which there are, respectively, 2, 3, 4 or 5 lots;
8                address for service -- see section 215;
9                ADI means an authorised deposit-taking institution
10               within the meaning given in the Banking Act 1959
11               (Commonwealth) section 5(1);
12               administrative fund -- see section 100(1)(a);
13               administrator of a strata company means a person
14               appointed by the Tribunal as an administrator of the
15               strata company under section 205;
16               amendment of a strata titles scheme --see
17               section 12(2);
18               amendment in relation to common property or a lot in
19               a strata titles scheme -- see subsection (7);
20               approved form -- a document, evidence or information
21               is in an approved form only if it is in the form
22               approved under the regulations or Transfer of Land Act
23               requirements and it complies with any requirements of
24               the regulations or Transfer of Land Act requirements;
25               assistance animal has the meaning given in the
26               Disability Discrimination Act 1992 (Commonwealth)
27               section 9(2);
28               associate -- 2 persons are associates if --
29                 (a) 1 is the spouse or de facto spouse of the other;
30                        or
31                 (b) 1 is the child or grandchild of the other; or



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     s. 7



1                      (c)   they have a parent or grandparent in common;
2                            or
3                      (d) they are partners; or
4                      (e) they are directors of the same body corporate;
5                            or
6                       (f) 1 is employed by the other; or
7                      (g) 1 is a body corporate and the other is a director,
8                            officer or employee of the body corporate or a
9                            person who is otherwise in a position to control
10                           or substantially influence the conduct of the
11                           body corporate; or
12                     (h) they are bodies corporate and the same person
13                           is a director of both bodies corporate;
14                   Australian legal practitioner has the meaning given in
15                   the Legal Profession Act 2008 section 3;
16                   building includes structure;
17                   capital value has the meaning given in the Valuation of
18                   Land Act 1978 section 4(1);
19                   chairperson of a general meeting of a strata company
20                   means the person presiding at the meeting;
21                   chairperson of a strata company means the member of
22                   the council of the strata company holding office as the
23                   chairperson of the strata company;
24                   Commissioner of Titles means the person holding or
25                   acting in the office of the Commissioner of Titles under
26                   the Transfer of Land Act 1893;
27                   common property -- see section 10;
28                   common property (utility and sustainability
29                   infrastructure) easement means an easement under
30                   section 64;




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                                                             s. 7



1    conduct by-laws for a strata titles scheme --
2      (a) means scheme by-laws (other than governance
3            by-laws) dealing with --
4               (i) the conduct of an owner or occupier of a
5                     lot in the scheme or of any other person
6                     on the land subdivided by the scheme;
7                     or
8              (ii) the management, control, use or
9                     enjoyment of a lot or common property
10                    in the scheme;
11           and
12     (b) includes the following --
13              (i) scheme by-laws set out in Schedule 2;
14             (ii) scheme by-laws that deal with any of
15                    the following --
16                        (I) landscaping requirements to be
17                             observed by owners of lots;
18                       (II) the maintenance of water,
19                             sewerage, drainage, gas,
20                             electricity, telephone and other
21                             services;
22                      (III) insurance of the common
23                             property;
24                      (IV) safety and security;
25                       (V) procedures for the resolution of
26                             disputes;
27            (iii) scheme by-laws classified by the
28                    regulations as conduct by-laws;
29   contract means a contract, agreement or document that
30   legally binds a person, whether conditionally or
31   unconditionally;
32   contributions means the levies imposed on owners of
33   lots by a strata company to raise amounts for payment

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     s. 7



1                    into its administrative fund or reserve fund under
2                    section 100;
3                    council means the governing body of a strata company;
4                    cubic space -- see subsection (3);
5                    designated interest means --
6                      (a) a registered mortgage; or
7                      (b) a registered lease; or
8                      (c) a caveat recorded under the Transfer of Land
9                             Act 1893; or
10                     (d) the interest of a judgment creditor named in a
11                            property seizure and sale order registered under
12                            the Transfer of Land Act 1893 section 133; or
13                     (e) the interest of a person named in a memorial
14                            registered under the Transfer of Land Act 1893
15                            as having a statutory right requiring the consent
16                            of the person to any dealing with the land; or
17                      (f) a plantation interest registered under the
18                            Transfer of Land Act 1893; or
19                     (g) a carbon covenant registered under the Transfer
20                            of Land Act 1893;
21                   development has the meaning given in the Planning
22                   and Development Act 2005 section 4(1);
23                   disability has the meaning given in the Disability
24                   Discrimination Act 1992 (Commonwealth)
25                   section 4(1);
26                   disposition statement -- see section 222;
27                   electronic address means --
28                     (a) an email address; or
29                     (b) anything included in this definition by the
30                            regulations;
31                   encumbrance has the meaning given in the Transfer of
32                   Land Act 1893 section 4(1);


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1    exclusive use by-laws -- see section 43(1);
2    expiry day for a leasehold scheme -- see
3    section 8(3)(c);
4    financial year for a strata company means --
5      (a) if the scheme by-laws are silent on the matter,
6             the period of 12 months ending on 30 June; or
7      (b) if the scheme by-laws specify a period of
8             12 months ending on a different date as the
9             financial year for the scheme, the period
10            specified in the by-laws;
11   first mortgagee of a lot in a strata titles scheme means
12   a registered mortgagee who is first entitled in priority
13   and who has given written notice of the mortgage to
14   the strata company for the scheme;
15   freehold scheme -- see section 8(2);
16   Note for this definition:
17          A freehold scheme may be a strata scheme or a
18          survey-strata scheme depending on how the lots are
19          defined: see section 9.
20   fundamental covenant or condition -- see
21   section 52(1)(b);
22   governance by-laws for a strata titles scheme --
23     (a) means scheme by-laws dealing with --
24              (i) the governance of the scheme; or
25             (ii) the subdivision or development of the
26                  land subdivided by the scheme (other
27                  than a matter of landscaping); or
28            (iii) exclusive use of common property in
29                  the scheme;
30           and
31     (b) includes the following --
32              (i) scheme by-laws set out in Schedule 1;
33             (ii) leasehold by-laws;

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1                             (iii)   staged subdivision by-laws;
2                             (iv)    exclusive use by-laws;
3                              (v)    scheme by-laws made under a planning
4                                     (scheme by-laws) condition;
5                             (vi)    scheme by-laws setting out architectural
6                                     requirements designed to control or
7                                     preserve the essence or theme of
8                                     development;
9                            (vii)    scheme by-laws that specify plot ratio
10                                    restrictions or open space requirements;
11                          (viii)    scheme by-laws affecting the provision
12                                    of, or payment for --
13                                        (I) internal fencing on the parcel;
14                                              or
15                                       (II) fencing to which the Dividing
16                                              Fences Act 1961 applies;
17                            (ix)    scheme by-laws for a 3, 4 or 5-lot
18                                    scheme that exempt the strata company
19                                    from a designated function under
20                                    section 140;
21                             (x)    scheme by-laws that deal with --
22                                        (I) the constitution or procedures
23                                              of the council of the strata
24                                              company; or
25                                       (II) the officers of the strata
26                                              company; or
27                                      (III) the procedures of a general
28                                              meeting of the strata company;
29                                              or
30                                      (IV) the organisation of the affairs of
31                                              the strata company; or
32                                       (V) contributions, levies or money
33                                              payable by the owner of a lot in

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1                              the scheme to the strata
2                              company; or
3                       (VI) the carrying on of a business or
4                              trading activity by the strata
5                              company or the method of
6                              distributing and sharing any
7                              profit or loss;
8              (xi) scheme by-laws classified by the
9                     regulations as governance by-laws;
10   infrastructure includes public or private access ways,
11   lifts, swimming pools, gymnasiums, shared carparks,
12   loading bays other recreational facilities, infrastructure
13   for utility services and other fixtures and, in each case,
14   associated equipment;
15   infrastructure contract -- see section 64(1)(a);
16   infrastructure owner -- see section 64(3);
17   insurable asset of a strata titles scheme --
18      (a) means --
19               (i) the common property of the scheme
20                    (including the fixtures and
21                    improvements on the common
22                    property); or
23              (ii) the parts of scheme buildings that
24                    comprise lots in the scheme (including
25                    the paint and wallpaper); or
26             (iii) anything included in this definition by
27                    the regulations;
28            but
29     (b) does not include --
30               (i) fixtures or improvements on the
31                    common property that are not
32                    themselves common property; or



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     s. 7



1                                (ii)
                                    carpet and temporary wall, floor and
2                                   ceiling coverings in a scheme building;
3                                   or
4                             (iii) fixtures removable by a lessee at the
5                                   expiration of a tenancy; or
6                             (iv) anything excluded from this definition
7                                   by the regulations;
8                    interim development order has the meaning given in
9                    the Planning and Development Act 2005 section 4(1);
10                   item registered or recorded for a strata titles scheme --
11                   see section 58(5);
12                   Note for this definition:
13                          For example, an item may comprise an estate, interest,
14                          right, encumbrance, notification, memorial or caveat.
15                   judicial member has the meaning given in the State
16                   Administrative Tribunal Act 2004 section 3(1);
17                   key document in relation to a subdivision of land by a
18                   strata titles scheme (including a stage of subdivision)
19                   means each of the following --
20                     (a) the application for registration of the scheme or
21                            amendment of the scheme to give effect to the
22                            subdivision and everything that accompanies
23                            the application;
24                     (b) the scheme documents, or amendments of the
25                            scheme documents, as registered for the
26                            subdivision;
27                     (c) planning approvals for the subdivision and
28                            development associated with the scheme;
29                     (d) occupancy permits and building approval
30                            certificates under the Building Act 2011 relating
31                            to development associated with the subdivision;
32                     (e) official notices relating to the subdivision or
33                            development associated with the subdivision;


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1      (f)    specifications, diagrams and drawings relating
2             to the parcel or a building on the parcel
3             (including any specifications, diagrams and
4             drawings that show utility conduits, utility
5             infrastructure or sustainability infrastructure);
6      (g) warranty documents and operational and
7             servicing manuals for infrastructure that ought
8             reasonably to be given to the strata company;
9      (h) certificates and schedules relating to the
10            insurance required for, or relating to, the
11            scheme taken out or arranged by the scheme
12            developer of the subdivision;
13      (i) any contracts for the provision of services or
14            amenities to the strata company or to members
15            of the strata company entered into or arranged
16            by the scheme developer for the subdivision or
17            by the strata company;
18      (j) any leases or licences over the common
19            property of the scheme;
20     (k) accounting records and other documents that
21            ought reasonably to be given to the strata
22            company;
23      (l) anything included in this definition by the
24            regulations;
25   lease of a lot includes a sublease of the lot, but does
26   not, in a leasehold scheme, include the strata lease for
27   the lot;
28   leasehold by-laws -- see section 40;
29   leasehold scheme -- see section 8(3);
30   Note for this definition:
31           A leasehold scheme may be a strata scheme or a
32           survey-strata scheme depending on how the lots are
33           defined: see section 9.




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1                    legally qualified member has the meaning given in the
2                    State Administrative Tribunal Act 2004 section 3(1);
3                    licensed surveyor has the meaning given in the
4                    Licensed Surveyors Act 1909 section 3;
5                    licensed valuer has the meaning given in the Land
6                    Valuers Licensing Act 1978 section 4;
7                    local government means a local government, regional
8                    local government or regional subsidiary;
9                    local planning scheme has the meaning given in the
10                   Planning and Development Act 2005 section 4(1);
11                   member of a strata company -- see section 14(8);
12                   member of the council of a strata company includes a
13                   person appointed under scheme by-laws to act as a
14                   member of the council;
15                   monetary order has the meaning given in the State
16                   Administrative Tribunal Act 2004 section 3(1);
17                   mortgagee of a lot in a leasehold scheme includes a
18                   mortgagee or chargee of the strata leasehold estate in
19                   the lot;
20                   notifiable variation means --
21                     (a) a type 1 notifiable variation; or
22                     (b) a type 2 notifiable variation;
23                   occupier of a lot means a person who occupies the lot
24                   on a temporary or permanent basis (either solely or
25                   jointly with other persons) and includes a person who
26                   is unlawfully in occupation of a lot;
27                   officer of a strata company means --
28                     (a) the chairperson of the strata company; or
29                     (b) if, under the scheme by-laws, the strata
30                            company has a secretary, the secretary of the
31                            strata company; or



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                                                             s. 7



1      (c)   if, under the scheme by-laws, the strata
2            company has a treasurer, the treasurer of the
3            strata company;
4    on common property in relation to infrastructure
5    means situated in or on common property;
6    open space means the area of a lot that is not occupied
7    by a building, calculated in accordance with the
8    regulations;
9    order to act means an order of the Tribunal that --
10     (a) is not a monetary order; and
11     (b) requires a person to take specified action or to
12           refrain from taking specified action;
13   ordinary resolution of a strata company -- see
14   section 123;
15   original proprietor of a strata titles scheme means the
16   person registered under the Transfer of Land Act 1893
17   as the proprietor of an estate in fee simple in a parcel
18   immediately before it is subdivided by a strata titles
19   scheme;
20   owner of a leasehold scheme means the person
21   registered under the Transfer of Land Act 1893 as the
22   holder of the freehold reversion in the land that
23   comprises the parcel (being an interest that will revert
24   to an estate in fee simple on the expiry or termination
25   of the scheme);
26   owner of a lot means --
27     (a) for a lot in a freehold scheme --
28              (i) a person who is registered under the
29                    Transfer of Land Act 1893 as the
30                    proprietor of an estate in fee simple in
31                    the lot; or




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     s. 7



1                              (ii)   if the fee simple is divided into a life
2                                     estate with a remainder or reversionary
3                                     interest -- a person who is registered as
4                                     the proprietor of a life estate in the lot to
5                                     the exclusion of the proprietor of the
6                                     remainder or reversionary interest in the
7                                     lot; or
8                             (iii)   if a mortgagee is in possession of the
9                                     lot -- the mortgagee to the exclusion of
10                                    the persons referred to in the preceding
11                                    paragraphs;
12                           or
13                     (b) for a lot in a leasehold scheme --
14                             (i) a person who is registered under the
15                                  Transfer of Land Act 1893 as the
16                                  proprietor of a strata leasehold estate in
17                                  the lot; or
18                            (ii) if a mortgagee is in possession of the
19                                  lot -- the mortgagee to the exclusion of
20                                  a person referred to in the preceding
21                                  paragraph;
22                   parcel means the land subdivided by a strata titles
23                   scheme;
24                   planning approval means an approval of the
25                   subdivision of land or development required under this
26                   Act or the Planning and Development Act 2005, and
27                   includes the approval or endorsement of approval of
28                   the Planning Commission on a scheme plan or
29                   amendment of a scheme plan;
30                   Planning Commission means the Western Australian
31                   Planning Commission established under the Planning
32                   and Development Act 2005;
33                   planning (scheme by-laws) condition means a
34                   condition of a planning approval requiring a strata titles


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         Amendment of long title and Parts I to VIII Division 2
                                                             s. 7



1    scheme to have specified scheme by-laws, which may
2    include by-laws that provide that they cannot be
3    amended or repealed without the approval of the
4    Planning Commission, each local government in whose
5    district the parcel is situated or some other specified
6    body (such as a government agency or a utility service
7    provider);
8    present at a meeting of a strata company -- see
9    section 131;
10   President has the meaning given in the State
11   Administrative Tribunal Act 2004 section 3(1);
12   proponent of a termination proposal -- see
13   section 173;
14   Register has the meaning given in the Transfer of Land
15   Act 1893 section 4(1);
16   registered lease means a lease registered under the
17   Transfer of Land Act 1893;
18   registered mortgage means a mortgage or charge
19   (including a statutory charge) registered under the
20   Transfer of Land Act 1893;
21   Registrar of Titles means the person holding or acting
22   in the office of the Registrar of Titles under the
23   Transfer of Land Act 1893;
24   replacement value of an insurable asset means --
25     (a) the amount required to rebuild, replace, repair
26            or restore the asset so that, on completion of the
27            work, the asset is no less extensive and in no
28            worse condition than when the asset was new;
29            and
30     (b) the amount required for costs of demolition,
31            site clearance and the remuneration of
32            architects, surveyors, engineers and other
33            persons whose services are necessary for the



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1                            rebuilding, replacement, repair or restoration of
2                            the asset;
3                    reserve fund -- see section 100(2)(a);
4                    resolution without dissent of a strata company -- see
5                    section 123;
6                    restricted use condition -- see section 32(2)(a);
7                    Note for this definition:
8                           An example of a restricted use is use of a strata titles
9                           scheme as a retirement village.
10                   schedule of unit entitlements for a strata titles scheme
11                   means the schedule of unit entitlements registered, or
12                   proposed to be registered, for the scheme as a scheme
13                   document;
14                   scheme building means a building shown on a strata
15                   plan and by reference to which the boundaries of lots
16                   are defined;
17                   scheme by-laws for a strata titles scheme means the
18                   scheme by-laws registered, or proposed to be
19                   registered, for the scheme as a scheme document;
20                   Note for this definition:
21                          Scheme by-laws may be governance by-laws or conduct
22                          by-laws.
23                   scheme developer --
24                     (a) for the initial subdivision of a parcel by
25                         registration of a strata titles scheme, the
26                         original proprietor of the scheme is the scheme
27                         developer; and
28                     (b) for a subsequent subdivision of land by
29                         registration of an amendment of a strata titles
30                         scheme to which staged subdivision by-laws
31                         apply, the owners of lots that are, on
32                         registration of the amendment, subdivided by
33                         that subdivision together constitute the scheme
34                         developer;


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1    scheme dispute -- see section 197;
2    scheme document -- see section 12;
3    scheme function for a strata titles scheme means --
4      (a) a function of the strata company; or
5      (b) a function of the council of the strata company;
6             or
7      (c) a function of an officer of the strata company;
8    scheme notice for a strata titles scheme means the
9    scheme notice registered, or proposed to be registered,
10   for the scheme as a scheme document;
11   scheme participant -- see section 197(2);
12   scheme plan for a strata titles scheme means the strata
13   plan or survey-strata plan registered, or proposed to be
14   registered, for the strata titles scheme as a scheme
15   document;
16   settlement date for a contract for the purchase and sale
17   of a lot means --
18     (a) the date on which the purchase price, or the
19            balance of the purchase price, for the lot is paid
20            in exchange for documents that enable the
21            buyer to be registered as the owner of the lot; or
22     (b) if the contract for the lot is a terms contract
23            within the meaning given in the Sale of Land
24            Act 1970 section 5, the date on which the buyer
25            becomes entitled to possession or occupation of
26            the lot;
27   short form easement or restrictive covenant -- see
28   section 33(1);
29   site value has the meaning given in the Valuation of
30   Land Act 1978 section 4(1);
31   special common property -- see section 43(1);
32   special lot -- see section 43(1);


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1                    special resolution of a strata company -- see
2                    section 123;
3                    staged subdivision by-laws -- see section 42;
4                    statutory easement means an easement under Part 5
5                    Division 3;
6                    strata company means a body corporate established
7                    under section 14 on registration of a strata titles
8                    scheme;
9                    strata lease for a lot in a leasehold scheme means the
10                   lease registered, or proposed to be registered, for the lot
11                   as a scheme document;
12                   strata leasehold estate means a leasehold estate held
13                   under a strata lease;
14                   strata management contract -- see section 144(1)(a);
15                   strata manager -- see section 143(1);
16                   strata plan means a scheme plan for a strata scheme;
17                   strata scheme -- see section 9;
18                   strata title -- see section 13;
19                   strata titles scheme means --
20                     (a) a strata scheme; or
21                     (b) a survey-strata scheme;
22                   Note for this definition:
23                          Section 7 describes the abstract concept of a strata titles
24                          scheme and what such a scheme is designed to achieve.
25                          Section 9 sets out how the boundaries of lots in a strata
26                          titles scheme may be defined. If there is a scheme building
27                          divided into lots, the scheme is a strata scheme. If the lots
28                          are defined without reference to a building, the scheme is a
29                          survey-strata scheme. No matter how the boundaries are
30                          defined, the scheme may be either a freehold scheme or a
31                          leasehold scheme reflecting the 2 types of tenure described
32                          in section 8.
33                   structural cubic space means --
34                     (a) cubic space occupied by a vertical structural
35                          member, not being a wall, of a building; or

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1      (b)  utility conduits in a building; or
2      (c)  cubic space enclosed by a structure enclosing
3           utility conduits,
4    but does not include utility conduits that are for the
5    exclusive use or enjoyment of 1 lot;
6    Note for this definition:
7            Schedule 2A provides for a special rule about the definition
8            of structural cubic space for single tier strata schemes.
9    subdivision of land by a strata titles scheme -- see
10   section 11;
11   survey-strata plan means a scheme plan for a
12   survey-strata scheme;
13   survey-strata scheme -- see section 9;
14   sustainability infrastructure means infrastructure that
15   is designed or is likely to avoid, remedy or mitigate
16   adverse effects on the environment;
17   Examples for this definition:
18           Sustainability infrastructure includes solar panels, clothes
19           lines and rainwater tanks.
20   take, taken and taking have, in Part 11 Division 2, the
21   meanings given in the Land Administration Act 1997
22   Part 9;
23   temporary common property means land leased by a
24   strata company under section 92 and registered as
25   temporary common property in the strata titles scheme
26   as a result of inclusion in the description of temporary
27   common property in the scheme plan;
28   termination infrastructure report -- see
29   section 179(2);
30   termination proposal -- see section 174(1);
31   termination resolution -- see section 182;
32   termination valuation report -- see section 179(3);



                                                                     page 21
     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 7



1                    Transfer of Land Act requirements means
2                    requirements determined under the Transfer of Land
3                    Act 1893 section 182A;
4                    Tribunal means the State Administrative Tribunal;
5                    type 1 notifiable variation means any of the following
6                    that occur after a contract for the sale and purchase of a
7                    lot in a strata titles scheme is entered into but before
8                    the settlement date for the contract --
9                      (a) the area or size of the lot or proposed lot is
10                            reduced by 5% or more from the area or size
11                            notified to the buyer before the buyer entered
12                            into the contract;
13                     (b) the proportion that the unit entitlement, or a
14                            reasonable estimate of the unit entitlement, of
15                            the lot bears to the sum of the unit entitlements
16                            of all the lots is increased by 5% or more, or
17                            decreased by 5% or more, from the proportion
18                            that the unit entitlement, or the estimate of the
19                            unit entitlement, of the lot notified to the buyer
20                            before the buyer entered into the contract bears
21                            to the sum of the unit entitlements of all the lots
22                            as so notified;
23                     (c) anything relating to a proposal for the
24                            termination of the strata titles scheme is served
25                            on the seller by the strata company;
26                     (d) any other event classified by the regulations as
27                            a type 1 notifiable variation;
28                   type 2 notifiable variation means any of the following
29                   that occur after a contract for the sale and purchase of a
30                   lot in a strata titles scheme is entered into but before
31                   the settlement date for the contract and that do not give
32                   rise to a type 1 notifiable variation --
33                     (a) the scheme plan, or proposed scheme plan or
34                            amendment of the scheme plan, for the strata


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                                Strata Titles Amendment Bill 2018
                 Strata Titles Act 1985 amended            Part 2
          Amendment of long title and Parts I to VIII Division 2
                                                              s. 7



1              titles scheme is modified in a way that affects
2              the lot or the common property;
3      (b)     the schedule of unit entitlements, or proposed
4              schedule of unit entitlements or amendment of
5              the schedule of unit entitlements, for the strata
6              titles scheme is modified in a way that affects
7              the lot;
8      (c)     the scheme by-laws, or proposed scheme
9              by-laws, are modified;
10     (d)     the strata company or a scheme developer --
11                (i) enters into a contract for the provision
12                      of services or amenities to the strata
13                      company or to members of the strata
14                      company or a contract that is otherwise
15                      likely to affect the rights of the buyer; or
16               (ii) varies an existing contract of that kind
17                      in a way that is likely to affect the rights
18                      of the buyer;
19     (e)     a lease, licence, right or privilege over the
20             common property in the strata titles scheme is
21             granted or varied;
22     (f)     any other event classified by the regulations as
23             a type 2 notifiable variation;
24   Note for this definition:
25           For when an amendment of a strata titles scheme affects a
26           lot or common property see subsection (7).
27   type 1 subdivision means --
28     (a) the addition of land from outside the parcel of a
29           strata titles scheme to common property in the
30           scheme (but not including temporary common
31           property); or
32     (b) the conversion of a lot in a strata titles scheme
33           to common property in the scheme;



                                                                 page 23
     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 7



1                    type 2 subdivision means the removal from the parcel
2                    of a strata titles scheme of land comprised of common
3                    property;
4                    type 3 subdivision means a consolidation of 2 or more
5                    lots in a strata titles scheme into 1 lot in the scheme
6                    (not affecting common property in the scheme);
7                    type 4 subdivision means a subdivision that does not
8                    involve the alteration of the boundaries of the parcel
9                    and is not a type 1, type 2 or type 3 subdivision;
10                   Note for the definitions of types of subdivision:
11                   1.     There are 4 types of amendment of a strata titles scheme
12                          that give effect to a subdivision, with varying requirements
13                          for resolutions and consents:
14                          •    A type 1 subdivision covers adding land from outside the
15                              parcel to the common property (other than as temporary
16                              common property) and what was formerly referred to as
17                              conversion of lots into common property.
18                          •    A type 2 subdivision covers the removal of common
19                              property from the parcel of a strata titles scheme.
20                          •    A type 3 subdivision covers what was formerly referred
21                              to as consolidation of lots.
22                          •    A type 4 subdivision covers what was formerly referred
23                              to as re-subdivision.
24                   2.     Re-subdivision of a lot or common property was defined in
25                          section 3(5) of the Act as in force immediately before the
26                          Strata Titles Amendment Act 2018 to include the alteration
27                          of the boundaries of --
28                          •    1 or more lots so as to create only 2 or more different
29                              lots; or
30                          •    1 or more lots so as to create 1 or more different lots and
31                              common property; or
32                          •    1 or more lots and common property so as to create 1 or
33                              more different lots or 1 or more different lots and
34                              common property; or
35                          •    common property so as to create 1 or more lots or 1 or
36                              more lots and common property.
37                   unanimous resolution of a strata company -- see
38                   section 123;
39                   unit entitlement of a lot -- see section 37(1)(a);

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                               Strata Titles Amendment Bill 2018
                Strata Titles Act 1985 amended            Part 2
         Amendment of long title and Parts I to VIII Division 2
                                                             s. 7



1    utility conduit means a conduit for the provision of a
2    utility service (including pipes, wires, cables and
3    ducts);
4    utility infrastructure means infrastructure and
5    equipment necessary for, or related to, the provision of
6    a utility service;
7    utility service means --
8      (a) the collection and passage of stormwater; or
9      (b) the supply of water for drinking or any other
10            use; or
11     (c) a sewerage and drainage service; or
12     (d) a garbage collection service; or
13     (e) a gas, electricity or air service, including air
14            conditioning and heating; or
15      (f) a communication or data service, including
16            telephone, radio, television and internet; or
17     (g) a service classified by the regulations as a
18            utility service; or
19     (h) another like service;
20   utility service easement means an easement under
21   section 63;
22   vacant lot means a lot that is wholly unimproved apart
23   from having merged improvements within the meaning
24   given in the Valuation of Land Act 1978 section 4(1);
25   volunteer strata manager means a strata manager of a
26   strata company who --
27     (a) is the owner of a lot in the strata titles scheme;
28            and
29     (b) does not receive any fee, reward or benefit for
30            work performed as a strata manager other than
31            an honorary fee or reward not exceeding, if an
32            amount is fixed by the regulations, that amount;
33            and

                                                         page 25
     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 7



1                       (c)  personally performs the work of the strata
2                            manager;
3                      working day means a day other than a Saturday, a
4                      Sunday or a public holiday throughout the State.
5

6       (3)    In section 3(1) in the definition of floor area delete "area in
7              relation to a cubic space," and insert:
8

9              area of a cubic space
10

11      (4)    In section 3(1) in the definition of floor plan:
12               (a) after "a plan" insert:
13

14                      for a strata scheme
15

16              (b)     delete "one" and insert"
17

18                      1
19

20              (c)     in paragraph (a) delete "proposed" (each occurrence);
21              (d)     in paragraph (b)(ii) delete "where" and insert:
22

23                      if
24

25               (e)    in paragraph (b)(ii) delete "proposed" (each occurrence);
26               (f)    in paragraph (c) delete "where proposed lots or parts
27                      thereof " and insert:
28

29                      if lots or parts of lots
30




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                                                Strata Titles Amendment Bill 2018
                                 Strata Titles Act 1985 amended            Part 2
                          Amendment of long title and Parts I to VIII Division 2
                                                                              s. 7



1            (g)     in paragraph (c) delete "proposed lots or parts thereof "
2                    (each occurrence) and insert:
3

4                    lots or parts of lots
5

6            (h)     in paragraph (c)(i) delete "upon" and insert:
7

8                    on
9

10         Note: At the end of the definition of floor plan the following note is to be
11               inserted:
12

13                 Note for this definition:
14                         Also see subsections (2) to (4).
15

16   (5)   In section 3(1) in the definition of location plan:
17           (a) delete "plan, in relation to a strata plan," and insert:
18

19                   plan for a strata scheme
20

21           (b)     delete "one" and insert:
22

23                   1
24

25           (c)     delete "proposed" (each occurrence).
26   (6)   In section 3(1) in the definition of lot (1st occurrence):
27           (a) delete "lot, in relation to a strata scheme," and insert:
28

29                   lot in a strata scheme
30




                                                                                  page 27
     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 7



1                (b)     delete "one" (each occurrence) and insert:
2

3                        1
4

5                (c)     delete "to which a strata scheme relates," and insert:
6

7                        subdivided by the strata scheme,
8

9                (d)     delete "plan, plan of re-subdivision or plan of
10                       consolidation to which that strata scheme relates, being
11                       in each case, but subject to section 3AB," and insert:
12

13                       plan or an amendment of the strata plan being, in each
14                       case,
15

16               (e)     delete "where --" and insert:
17

18                       if that structural cubic space --
19

20               (f)     delete paragraphs (a) and (b) and insert:
21

22                       (a)     has boundaries described in accordance with
23                               the regulations; and
24                       (b)     is shown in that floor plan as part of a lot;
25

26             Note: At the end of the definition of lot the following note is to be inserted:
27

28                     Note for this definition:
29                             Schedule 2A provides for a special rule about the definition
30                             of lot in a single tier strata scheme.
31




     page 28
                                             Strata Titles Amendment Bill 2018
                              Strata Titles Act 1985 amended            Part 2
                       Amendment of long title and Parts I to VIII Division 2
                                                                           s. 7



1    (7)   In section 3(1) in the definition of lot (2nd occurrence):
2            (a) delete "lot, in relation to a survey-strata scheme," and
3                  insert:
4

5                  lot in a survey-strata scheme
6

7           (b)    delete "one" and insert:
8

9                  1
10

11           (c)   delete "scheme, but does not include --" and insert:
12

13                 scheme;
14

15          (d)    delete paragraphs (a) and (b).
16   (8)   In section 3(1) in the definition of wall:
17           (a) after "a lot" insert:
18

19                 in a strata titles scheme
20

21          (b)    delete "another lot." and insert:
22

23                 another lot in the scheme;
24

25   (9)   In section 3(2):
26           (a) delete "Except where section 3AB applies, the
27                 boundaries of any" and insert:
28

29                 The boundaries of a
30




                                                                      page 29
     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 7



1                (b)     in paragraph (a)(i) delete "where the base of any" and
2                        insert:
3

4                        if the base of a
5

6                (c)     in paragraph (a)(i) delete "any" and insert:
7

8                        a
9

10               (d)     in paragraph (a)(ii) delete "where any" and insert:
11

12                       if a
13

14               (e)     in paragraph (b) delete "prescribed manner" and insert:
15

16                       manner required by the regulations
17

18             Note: At the end of subsection (2) the following note is to be inserted:
19

20                     Note for this subsection:
21                              Schedule 2A provides for a special rule about lot
22                              boundaries for single tier strata schemes.
23

24     (10)    In section 3(2a):
25               (a) delete "(2a) Notwithstanding subsection (2), where --
26                     " and insert:
27

28                       (2A) Despite subsection (2), if --
29

30               (b)     delete "prescribed circumstances" and insert:
31

32                       circumstances specified in the regulations
33



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                                              Strata Titles Amendment Bill 2018
                               Strata Titles Act 1985 amended            Part 2
                        Amendment of long title and Parts I to VIII Division 2
                                                                            s. 7



1             (c)    delete "prescribed manner," and insert:
2

3                    manner required by the regulations,
4

5    (11)   Delete section 3(5).
6    (12)   After section 3(6) insert:
7

8           (7)     An amendment of a strata titles scheme affects the
9                   common property or a lot in the scheme as follows --
10                    (a) an amendment affects the common property to
11                        the extent that it involves an amendment of the
12                        scheme plan that --
13                           (i) modifies the common property; or
14                          (ii) creates or discharges an easement or
15                                restrictive covenant that benefits or
16                                burdens the common property;
17                    (b) an amendment affects a lot to the extent that it
18                        involves an amendment of the scheme plan
19                        that --
20                           (i) modifies the definition of boundaries of
21                                the lot; or
22                          (ii) creates or discharges an easement or
23                                restrictive covenant that benefits or
24                                burdens the lot;
25                    (c) an amendment affects a lot to the extent that it
26                        involves an amendment of the schedule of unit
27                        entitlements for the scheme that modifies the
28                        unit entitlement of the lot.




                                                                       page 31
     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 8



1    8.         Section 3A amended
2         (1)   In section 3A(1):
3                 (a) delete "Section" and insert:
4

5                      Clause
6

7                (b)   delete paragraphs (a) and (b) and insert:
8

9                      (a)   unless the strata plan for a scheme provides that
10                           clause 3AB does not apply to it, for a scheme
11                           the strata plan for which is registered --
12                              (i) on or after the commencement of
13                                   section 6 of the Strata Titles Amendment
14                                   Act 1996; and
15                             (ii) before 1 January 1998;
16                     (b)   for a scheme in respect of which a notice of
17                           resolution has been registered under
18                           clause 21H, including any lot or part of a lot in
19                           such a scheme the boundaries of which are
20                           amended by registration of a notice of
21                           resolution under clause 21X;
22

23               (c)   in paragraph (c) delete "where" and insert:
24

25                     if
26




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                                                     Strata Titles Amendment Bill 2018
                                      Strata Titles Act 1985 amended            Part 2
                               Amendment of long title and Parts I to VIII Division 2
                                                                                   s. 9



1         (2)   Delete section 3A(2) and insert:
2

3               (2)     Clause 3AB also fixes the boundaries of lots or parts of
4                       lots, other than boundaries that are external to a
5                       building, created by way of subdivision of a strata
6                       scheme to which subclause (1) applies.
7

8               Note: The heading to amended section 3A is to read:
9                       Single tier strata schemes to which clause 3AB applies

10              Note:
11                      Section 3A (as amended) is redesignated as clause 3A and relocated
12                      to Schedule 2A.

13   9.         Section 3AB amended
14        (1)   In section 3AB(1):
15                (a) delete "Where this section applies the boundaries of
16                      any" and insert:
17

18                        If this clause applies, the boundaries of a
19

20                (b)     In paragraph (b) delete "where" and insert:
21

22                        if
23

24        (2)   In section 3AB(2):
25                (a) delete "subsection (1) --" and insert:
26

27                        subclause (1) --
28




                                                                                  page 33
     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 10



1                  (b)     delete paragraph (b) and insert:
2

3                          (b)   the part is destroyed and is not reinstated within
4                                1 year, or a longer period allowed under
5                                clause 4, after the destruction,
6

7          (3)   In section 3AB(3) delete "section" and insert:
8

9                clause
10

11         (4)   In section 3AB(4):
12                 (a) delete "Where this section" and insert:
13

14                         If this clause
15

16                 (b)     in paragraph (b) delete "subsection (2)(b) of that
17                         section." and insert:
18

19                         section 3(2)(b).
20

21               Note:
22                       Section 3AB (as amended) is redesignated as clause 3AB and
23                       relocated to Schedule 2A.

24   10.         Section 7 amended
25         (1)   Delete section 7(1), (2) and (3) and insert:
26

27               (1)     The owner of a lot in a 2-lot scheme that is a strata
28                       scheme must not cause or permit the structural
29                       alteration of the lot except with the prior written
30                       approval of --
31                         (a) the owner of the other lot; and


     page 34
                                           Strata Titles Amendment Bill 2018
                            Strata Titles Act 1985 amended            Part 2
                     Amendment of long title and Parts I to VIII Division 2
                                                                        s. 10



1                 (b)    for a leasehold scheme, the owner of the
2                        leasehold scheme.
3          (2)   The owner of a lot in a strata scheme, other than a 2-lot
4                scheme, must not cause or permit the structural
5                alteration of the lot except --
6                  (a) with the prior approval, expressed by resolution
7                         without dissent, of the strata company and, for
8                         a leasehold scheme, the prior written approval
9                         of the owner of the leasehold scheme; or
10                 (b) if --
11                           (i) the prior written approval to the
12                                structural alteration has been given by
13                                the owner of each lot in the scheme,
14                                and, for a leasehold scheme, the owner
15                                of the leasehold scheme; and
16                          (ii) all approvals are either unconditional or
17                                are subject to the same conditions; and
18                         (iii) a copy of each approval is served on the
19                                strata company.
20         (3)   If an application is made under this section for
21               approval for the structural alteration of a lot, the owner
22               of any other lot in the strata scheme or the owner of the
23               leasehold scheme may refuse to give approval on a
24               ground permitted by subsection (5), but not otherwise.
25

26   (2)   In section 7(4):
27           (a) delete "Where an application is made to a strata
28                 company in accordance with section 7B --" and insert:
29

30                If an application is made to a strata company under this
31                section --
32




                                                                      page 35
     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 10



1               (b)    delete paragraphs (a) and (b) and insert:
2

3                      (a)   notice of the proposed resolution on the
4                            application must contain or be accompanied by
5                            a statement, in the approved form, of the effect
6                            of paragraphs (c) and (d); and
7                      (b)   if a vote on the resolution is taken at a general
8                            meeting, the chairperson must, before the vote
9                            is taken, read out the statement referred to in
10                           paragraph (a); and
11

12               (c)   in paragraph (c) delete "a proprietor may vote --" and
13                     insert:
14

15                     the vote for a lot may be cast --
16

17              (d)    in paragraph (c) delete "any ground that is" and insert:
18

19                     a ground
20

21               (e)   in paragraph (d) delete "his vote one" and insert:
22

23                     the person's vote 1
24

25      (3)    In section 7(5):
26               (a) in paragraph (a) delete "lot ascertained in accordance
27                     with section 7A(3); or" and insert:
28

29                     lot; or
30




     page 36
                                                    Strata Titles Amendment Bill 2018
                                     Strata Titles Act 1985 amended            Part 2
                              Amendment of long title and Parts I to VIII Division 2
                                                                                 s. 11



1                  (b)     in paragraph (b)(iii) delete "any easement created by
2                          section 11 or 12;" and insert:
3

4                          a statutory easement;
5

6                  (c)     in paragraph (c) delete "that is prescribed." and insert:
7

8                          specified in the regulations.
9

10         (4)   Delete section 7(6).
11               Note: The heading to amended section 7 is to read:
12                       Structural alteration of lot in strata scheme

13               Note:
14                       Section 7 (as amended) is renumbered as section 87 and relocated to
15                       Part 7 Division 2.

16   11.         Section 7B amended
17         (1)   Delete section 7B(1), (2) and (3) and insert:
18

19               (1)     An application for the approval of the structural
20                       alteration of a lot must set out details of the proposal
21                       and such other information as may be prescribed.
22               (2)     If an application is made to a strata company under
23                       subsection (1), voting on the application must open
24                       within 35 days after the application is received (the
25                       allowed period).
26               (3)     If voting on the application does not open as required
27                       by subsection (2), the applicant may convene a general
28                       meeting, in the same manner as nearly as possible as
29                       that in which meetings are to be convened by the
30                       council, and submit the application to that meeting.
31




                                                                                    page 37
     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 11



1       (2)    Delete section 7B(5), (6) and (7) and insert:
2

3              (5)   The owner of a lot or the owner of a leasehold scheme
4                    is taken to have approved the structural alteration of a
5                    lot as set out in an application for approval served on
6                    the owner if --
7                      (a) the owner serves on the applicant written
8                             consent to the alteration; or
9                      (b) the owner has not, at the end of 42 days after
10                            being given the application, made a written
11                            objection to the alteration; or
12                     (c) for a strata scheme, the owner has made such
13                            an objection but the objection does not specify
14                            the grounds of the objection or the grounds
15                            specified are not grounds on which the owner
16                            may object under section 87.
17             (6)   A strata company is taken to have approved the
18                   structural alteration of a lot as set out in an application
19                   for approval served on the strata company if --
20                     (a) the strata company serves on the applicant
21                           written consent to the alteration expressed by
22                           resolution without dissent; or
23                     (b) despite section 87(2) --
24                              (i) the strata company has not, at the end of
25                                    77 days after being given the
26                                    application, made a written objection to
27                                    the alteration; or




     page 38
                                                    Strata Titles Amendment Bill 2018
                                     Strata Titles Act 1985 amended            Part 2
                              Amendment of long title and Parts I to VIII Division 2
                                                                                 s. 12



1                                  (ii)   for a strata scheme, the strata company
2                                         has made such an objection but the
3                                         objection does not specify the grounds
4                                         of the objection or the grounds specified
5                                         are not grounds on which members of
6                                         the strata company may object under
7                                         section 87.
8

9                Note: The heading to amended section 7B is to read:
10                       Approvals and objections to structural alterations

11               Note:
12                       Section 7B (as amended) is renumbered as section 89 and relocated
13                       to Part 7 Division 2.

14   12.         Section 12A amended
15         (1)   Delete section 12A(1) and insert:
16

17               (1)     If, under clause 3AB(1), the boundary of a lot or part of
18                       a lot is the external surface of a part of a building that
19                       constitutes a permitted boundary deviation or is on the
20                       boundary of another lot, the owner of the lot that
21                       includes that part of the building, and any of the
22                       owner's agents, employees and contractors, may --
23                         (a) inspect, maintain, repair, renew or replace the
24                                 part; and
25                         (b) enter on the other lot, if necessary with
26                                 vehicles, equipment, materials and other items,
27                                 for the purpose of doing so.
28

29         (2)   In section 12A(2) delete "subsection (1)" and insert:
30

31               subclause (1)
32




                                                                                   page 39
     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 13



1          (3)   In section 12A(2) delete "to which the other lot is subject." and
2                insert:
3

4                burdening the other lot.
5

6                Note: The heading to amended 12A is to read:
7                        Easement for access for certain work

8                Note:
 9                       Section 12A (as amended) is redesignated as clause 12A and
10                       relocated to Schedule 2A.

11   13.         Section 21A amended
12               In section 21A delete the definition of existing small strata
13               scheme and insert:
14

15                       existing small strata scheme means a 2, 3, 4 or 5-lot
16                       strata scheme, the strata plan for which was registered
17                       before 1 January 1998, but does not include a strata
18                       scheme the strata plan for which provides that
19                       clause 3AB does not apply to the scheme.
20

21               Note:
22                       Section 21A (as amended) is redesignated as clause 21A and
23                       relocated to Schedule 2A.

24   14.         Section 21C amended
25               In section 21C delete "section" (each occurrence) and insert:
26

27               clause
28

29               Note:
30                       Section 21C (as amended) is redesignated as clause 21C and
31                       relocated to Schedule 2A.




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                                     Strata Titles Act 1985 amended            Part 2
                              Amendment of long title and Parts I to VIII Division 2
                                                                                 s. 15



1    15.         Section 21D amended
2          (1)   In section 21D:
3                  (a) delete "re-subdivision" and insert:
4

5                          subdivision
6

7                  (b)     delete "a plan of re-subdivision under section 8." and
8                          insert:
9

10                         an amendment of the strata scheme.
11

12               Note:
13                       Section 21D (as amended) is redesignated as clause 21D and
14                       relocated to Schedule 2A.

15   16.         Section 21F amended
16         (1)   In section 21F(1):
17                 (a) delete "in the prescribed form," and insert:
18

19                         by resolution in the approved form,
20

21                 (b)     delete "section" and insert:
22

23                         clause
24

25         (2)   Delete section 21F(2) and insert:
26

27               (2)     A resolution is effective for the purposes of
28                       subclause (1) only if it is a resolution without dissent.
29

30               Note:
31                       Section 21F (as amended) is redesignated as clause 21F and
32                       relocated to Schedule 2A.


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     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 17



1    17.          Section 21G amended
2          (1)    Delete section 21G(1) and insert:
3

4                 (1)     If a strata company has passed a resolution under
5                         clause 21F it may lodge with the Registrar of Titles a
6                         notice of resolution in the approved form.
7                (1A)     The notice of resolution cannot be lodged before the
8                         end of the period of 60 days after the day on which the
9                         resolution was passed.
10

11         (2)    In section 21G(2) delete the passage that begins with "company
12                or alternatively --" and ends with "one proprietor." and insert:
13

14                company or, in the case of an existing small strata scheme, by
15                all of the owners of lots in the scheme.
16

17         (3)    Delete section 21G(3).
18                Note: The heading to amended 21G is to read:
19                        Notice of resolution may be lodged for registration

20                Note:
21                        Section 21G (as amended) is redesignated as clause 21G and
22                        relocated to Schedule 2A.

23   18.          Section 21I amended
24         (1)    In section 21I(1)(a) delete "section" and insert:
25

26                clause
27




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                                     Strata Titles Act 1985 amended            Part 2
                              Amendment of long title and Parts I to VIII Division 2
                                                                                 s. 19



1          (2)   In section 21I(2) --
2                  (a) delete "subsection (1) is to be" and insert:
3

4                          subclause (1) is
5

6                  (b)     delete "that subsection." and insert:
7

8                          that subclause.
9

10               Note:
11                       Section 21I (as amended) is redesignated as clause 21I and relocated
12                       to Schedule 2A.

13   19.         Section 21J amended
14               In section 21J delete "prescribed manner to give effect to
15               section 21I." and insert:
16

17               manner specified in the regulations to give effect to clause 21I.
18

19               Note:
20                       Section 21J (as amended) is redesignated as clause 21J and relocated
21                       to Schedule 2A.

22   20.         Section 21Q amended
23         (1)   In section 21Q(1) delete "prescribed form, resolve that the strata
24               plan be amended in one" and insert:
25

26               approved form, resolve that the strata plan be amended in 1
27




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     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 21



1          (2)   Delete section 21Q(2) and insert:
2

3                (2)     A resolution is effective for the purposes of
4                        subclause (1) only if it is a resolution without dissent.
5

6          (3)   In section 21Q(3) delete "subsection" and insert:
7

8                subclause
9

10         (4)   In section 21Q(3) delete "section" and insert:
11

12               clause
13

14         (5)   In section 21Q(4) delete "subsection" and insert:
15

16               subclause
17

18               Note:
19                       Section 21Q (as amended) is redesignated as clause 21Q and
20                       relocated to Schedule 2A.

21   21.         Section 21R amended
22         (1)   In section 21R(1):
23                 (a) delete "section 21Q(1)(a) or (b)" and insert:
24

25                         clause 21Q(1)(a) or (b)
26




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                                      Strata Titles Act 1985 amended            Part 2
                               Amendment of long title and Parts I to VIII Division 2
                                                                                  s. 22



1                   (b)     in paragraph (b) delete "proprietors of lots in the
2                           scheme." and insert:
3

4                           owners of lots in the strata scheme.
5

6          (2)    In section 21R(2) delete "section" (each occurrence) and insert:
7

8                 clause
9

10                Note:
11                        Section 21R (as amended) is redesignated as clause 21R and
12                        relocated to Schedule 2A.

13   22.          Section 21S amended
14         (1)    Delete section 21S(1) and insert:
15

16                (1)     If a strata company has passed a resolution under
17                        clause 21Q it may lodge with the Registrar of Titles a
18                        notice of resolution in the approved form.
19               (1A)     The notice of resolution cannot be lodged before the
20                        end of the period of 60 days after the day on which the
21                        resolution was passed.
22

23         (2)    In section 21S(2) delete the passage that begins with "company
24                or alternatively --" and ends with "one proprietor." and insert:
25

26                company or, in the case of an existing small strata scheme, by
27                all of the owners of lots in the scheme.
28




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     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 23



1          (3)   Delete section 21S(3).
2                Note:
3                        Section 21S (as amended) is redesignated as clause 21S and
4                        relocated to Schedule 2A.

5    23.         Section 21T amended
6          (1)   In section 21T(1):
7                  (a) delete paragraph (a).
8                  (b) in paragraph (b) delete "subsection (2) applies, a sketch
9                        plan (the sketch plan) showing in the prescribed
10                       manner" and insert:
11

12                         subclause (2) applies, a plan (the sketch plan) showing
13                         in the manner specified in the regulations
14

15                 (c)     in paragraph (b)(iv) delete "section" and insert:
16

17                         clause
18

19                 (d)     delete paragraphs (c) and (d) and insert:
20

21                                and
22                         (c)    unless subclause (2) applies, a certificate given
23                                by a licensed surveyor in accordance with
24                                clause 21U; and
25                         (d)    if any unit entitlement is to be changed, an
26                                amended schedule of unit entitlements; and
27

28                 (e)     in paragraph (e) delete "pro rata".
29                 (f)     in paragraph (e) delete "his" and insert:
30

31                         the person's
32



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                                     Strata Titles Act 1985 amended            Part 2
                              Amendment of long title and Parts I to VIII Division 2
                                                                                 s. 24



1          (2)   In section 21T(2) delete "he" and insert:
2

3                the Registrar
4

5                Note:
6                        Section 21T (as amended) is redesignated as clause 21T and
7                        relocated to Schedule 2A.

8    24.         Section 21U amended
9          (1)   Delete section 21U(1) and insert:
10

11               (1)     The certificate of a licensed surveyor referred to in
12                       clause 21T(1)(c) is to comply with --
13                         (a) this clause; and
14                         (b) the regulations and Transfer of Land Act
15                               requirements for certification of amendments of
16                               scheme plans.
17

18         (2)   In section 21U(2):
19                 (a) in paragraph (b)(ii) delete "proprietors of lots in the"
20                       and insert:
21

22                         owners of lots in the strata
23

24                 (b)     delete paragraph (d)(ii) and insert:
25

26                                 (ii)   the requirements of the regulations and
27                                        Transfer of Land Act requirements for
28                                        preparation and certification of
29                                        amendments of scheme plans by a
30                                        licensed surveyor are satisfied.
31




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     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 25



1          (3)   In section 21U(3):
2                  (a) delete "subsection" and insert:
3

4                          subclause
5

6                  (b)     in paragraph (b) delete "section" and insert:
7

8                          clause
9

10         (4)   In section 21U(4)(a) delete "subsection" and insert:
11

12               subclause
13

14         (5)   In section 21U(5) delete "subsection (3) is to relate to matters
15               prescribed for the purposes of subsection" and insert:
16

17               subclause (3) is to relate to matters prescribed under subclause
18

19               Note:
20                       Section 21U (as amended) is redesignated as clause 21U and
21                       relocated to Schedule 2A.

22   25.         Section 21V amended
23         (1)   In section 21V(1) delete "subsection (2)," and insert:
24

25               subclause (2A),
26




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                                                     Strata Titles Amendment Bill 2018
                                      Strata Titles Act 1985 amended            Part 2
                               Amendment of long title and Parts I to VIII Division 2
                                                                                  s. 26



1          (2)    Delete section 21V(2)(c) and the words following that
2                 paragraph and insert:
3

4                           (c)    in which any certificate required by
5                                  clause 21T(1)(e) is set out.
6

7          (3)    After section 21V(2) insert:
8

9                (2A)     Subclause (1) does not apply if a disposition statement
10                        is lodged for registration with the notice of resolution.
11

12                Note:
13                        Section 21V (as amended) is redesignated as clause 21V and
14                        relocated to Schedule 2A.

15   26.          Section 21W amended
16         (1)    In section 21W(1):
17                  (a) delete "section 21T(1)(b)" and insert:
18

19                          clause 21T(1)(b)
20

21                  (b)     delete "under section 5D" and insert:
22

23                          as a short form easement or restrictive covenant
24

25         (2)    Delete section 21W(2) and (3) and insert:
26

27                (2)     Section 33 also applies to the discharge of an easement
28                        that is created under subclause (1).




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     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 27



1                (3)     If the sketch plan makes provision as mentioned in
2                        subclause (1), section 33 applies for the purposes of
3                        this Subdivision with the following modifications --
4                          (a) any easement provided for is created on the
5                                 registration of the notice of resolution; and
6                          (b) any discharge of an easement under section 33
7                                 is required to be approved by the local
8                                 government instead of the Planning
9                                 Commission (subject to review under the
10                                Planning and Development Act 2005 Part 14).
11

12               Note:
13                       Section 21W (as amended) is redesignated as clause 21W and
14                       relocated to Schedule 2A.

15   27.         Section 21Y amended
16         (1)   In section 21Y(1):
17                 (a) delete paragraphs (a) and (b) and insert:
18

19                         (a)   the operation of a transfer, document or
20                               disposition statement referred to in clause 21V;
21                               and
22                         (b)   the creation of a short form easement or
23                               restrictive covenant under section 33 as read
24                               with clause 21W,
25

26                 (b)     delete "subsections" and insert:
27

28                         subclauses
29

30         (2)   Delete section 21Y(2)(b) and insert:
31

32                         (b)   exclusive use by-laws,
33


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                                     Strata Titles Act 1985 amended            Part 2
                              Amendment of long title and Parts I to VIII Division 2
                                                                                 s. 28



1          (3)   In section 21Y(4) delete "proprietors" and insert:
2

3                owners of the lots
4

5          (4)   In section 21Y(5) delete "a proprietor" and insert:
6

7                the owner of a lot
8

9          (5)   In section 21Y(5) delete "his" and insert:
10

11               the
12

13         (6)   Delete section 21Y(6) and insert:
14

15               (6)     Any encumbrance or caveat referred to in subclause (3)
16                       or (5) is taken to be amended to give effect to that
17                       subclause.
18

19               Note:
20                       Section 21Y (as amended) is redesignated as clause 21Y and
21                       relocated to Schedule 2A.

22   28.         Section 21Z amended
23         (1)   Delete section 21Z(1)(a) and insert:
24

25                         (a)    the strata plan in the manner specified in the
26                                regulations to give effect to clauses 21V, 21W
27                                and 21Y; and
28




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     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 29



1          (2)    In section 21Z(2) delete "subsection" and insert:
2

3                 subclause
4

5                 Note:
6                         Section 21Z (as amended) is redesignated as clause 21Z and
7                         relocated to Schedule 2A.

8    29.          Section 24 amended
9          (1)    In section 24(2):
10                  (a) delete "Upon or at any time after" and insert:
11

12                          On, or at any time after,
13

14                  (b)     in paragraph (a) delete "in force" and insert:
15

16                          or interim development order
17

18                  (c)     in paragraph (b) delete "under the provisions of the
19                          last-mentioned Act relating to any"
20

21         (2)    Delete section 24(2a) and insert:
22

23               (2A)     In making determinations of a kind provided for by this
24                        section, a local government must have regard to
25                        considerations specified in the regulations as being
26                        relevant to determinations of that kind.
27

28         (3)    In section 24(4) and (5) delete "shall" and insert:
29

30                must
31



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                                     Strata Titles Act 1985 amended            Part 2
                              Amendment of long title and Parts I to VIII Division 2
                                                                                 s. 30



1          (4)   In section 24(6) delete "shall be" (each occurrence) and insert:
2

3                is
4

5                Note:
6                        Section 24 (as amended) is relocated to Part 3 Division 2.

7    30.         Section 26 amended
8          (1)   Delete section 26(1) and (2) and insert:
9

10               (1)     A local government must give written notice of its
11                       decision on an application made to it under this Part to
12                       the applicant.
13

14         (2)   In section 26(3) delete "shall --" and insert:
15

16               made to it under this Part must --
17

18         (3)   Delete section 26(4) and (5) and insert:
19

20               (4)     Subject to this section, an applicant may apply to the
21                       Tribunal for a review, in accordance with the Planning
22                       and Development Act 2005 Part 14, of --
23                         (a) a refusal by a local government to approve an
24                              amendment or repeal of scheme by-laws under
25                              section 22; or
26                        (b) a refusal by a local government to approve an
27                              application under section 23 or 24; or
28                         (c) the attachment of a condition to the approval of
29                              an application under section 23 or 24; or
30                        (d) to refuse to approve acceptance of a lease under
31                              section 25; or

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     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 30



1                       (e)   a decision to refuse to approve a lease or
2                             licence under section 26.
3              (5)     Part 13 does not apply to a proceeding under this
4                      section (which is a proceeding within the Tribunal's
5                      review jurisdiction).
6

7       (4)    In section 26(6):
8                (a) delete "subsections (4) and (5)," and insert:
9

10                      subsection (4),
11

12              (b)     after "application" (1st occurrence) insert:
13

14                      under this Part
15

16               (c)    delete "40 days of receiving" and insert:
17

18                      the prescribed period after being given
19

20      (5)    In section 26(7):
21               (a) delete "of the day on which the applicant received" and
22                     insert:
23

24                      after the day on which the applicant is given
25

26              (b)     delete "of the expiration of the period of 40 days" and
27                      insert:
28

29                      after the expiration of the prescribed period
30




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                                                     Strata Titles Amendment Bill 2018
                                      Strata Titles Act 1985 amended            Part 2
                               Amendment of long title and Parts I to VIII Division 2
                                                                                  s. 31



1          (6)    After section 26(7) insert:
2

3                 (8)     In this section --
4                         prescribed period means 40 days or, if some other
5                         period is specified in the regulations, that period.
6

7                 Note:
8                         Section 26 (as amended) is renumbered as section 28 and relocated to
9                         Part 3 Division 4.

10   31.          Section 28 amended
11         (1)    Delete section 28(1) and insert:
12

13               (1A)     An application for an order under this section for a
14                        strata scheme can be made by --
15                          (a) the strata company; or
16                          (b) the owner of a lot in the scheme; or
17                          (c) a registered mortgagee of a lot in the scheme;
18                                 or
19                          (d) for a leasehold scheme, the owner of the
20                                 leasehold scheme.
21                (1)     If a scheme building is damaged or destroyed, the
22                        Tribunal may make an order for or with respect to the
23                        variation of the existing strata scheme or the
24                        substitution for the existing strata scheme of a new
25                        strata scheme.
26

27         (2)    In section 28(2):
28                  (a) after "on the" insert:
29

30                          scheme
31



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     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 31



1               (b)    delete "District Court" and insert:
2

3                      Tribunal
4

5       (3)    In section 28(3):
6                (a) delete "the generality of ";
7                (b) delete "such directions for or with respect to any one"
8                      and insert:
9

10                     directions for any 1
11

12               (c)   delete "matters as the District Court considers necessary
13                     or expedient --" and insert:
14

15                     matters --
16

17              (d)    in paragraph (b) delete "proprietors" (1st occurrence) and
18                     insert:
19

20                     owners
21

22               (e)   in paragraph (b) delete "proprietors" (2nd occurrence)
23                     and insert:
24

25                     owners of lots
26

27               (f)   in paragraph (c) delete "entitlement of " and insert:
28

29                     entitlements of
30




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                                    Strata Titles Amendment Bill 2018
                     Strata Titles Act 1985 amended            Part 2
              Amendment of long title and Parts I to VIII Division 2
                                                                 s. 31



1    (g)    in paragraph (c) delete "entitlement;" and insert:
2

3           entitlements;
4

5    (h)    in paragraph (d) delete "moneys" and insert
6

7           money
8

9     (i)   in paragraph (d) after "destruction of the" insert:
10

11          scheme
12

13    (j)   delete paragraph (e) and insert:
14

15          (e)   the payment of money to or by the strata
16                company, the owner of a lot or, for a leasehold
17                scheme, the owner of the leasehold scheme;
18

19   (k)    in paragraph (f) delete "registered";
20    (l)   in paragraph (f) delete "District Court" and insert:
21

22          Tribunal
23

24   (m)    in paragraph (g) after "insurer of the" insert:
25

26          scheme
27

28   (n)    in paragraph (h) delete "District Court," and insert:
29

30          Tribunal,
31




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     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 32



1                  (o)     in paragraph (i) delete "District Court" and insert:
2

3                          Tribunal
4

5          (4)   In section 28(4) delete "District Court may from time to time
6                amend any" and insert:
7

8                Tribunal may amend an
9

10         (5)   In section 28(5):
11                 (a) delete "shall take effect --" and insert:
12

13                         takes effect as follows --
14

15                 (b)     in paragraph (b) delete "section 29," and insert:
16

17                         section 167,
18

19         (6)   Delete section 28(6) and (7).
20               Note: The heading to amended section 28 is to read:
21                       Variation of strata scheme on damage or destruction of building

22               Note:
23                       Section 28 (as amended) is renumbered as section 166 and relocated
24                       to Part 11 Division 1.

25   32.         Section 29 amended
26               In section 29:
27                 (a) delete "28 shall apply and the District Court shall have"
28                       and insert:
29

30                         166 applies and the Tribunal has
31



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                                      Strata Titles Act 1985 amended            Part 2
                               Amendment of long title and Parts I to VIII Division 2
                                                                                  s. 33



1                   (b)     delete "that section applies and the District Court" and
2                           insert:
3

4                           section 166 applies and the Tribunal
5

6                   (c)     after "destruction of a" insert:
7

8                           scheme
9

10                Note: The heading to amended section 29 is to read:
11                        Variation of strata scheme on taking

12                Note:
13                        Section 29 (as amended) is renumbered as section 167 and relocated
14                        to Part 11 Division 2.

15   33.          Section 29A amended
16         (1)    Before section 29A(1) insert:
17

18               (1A)     An application for an order under this section for a
19                        survey-strata scheme can be made by any of the
20                        following --
21                          (a) the strata company;
22                          (b) the owner of a lot in the scheme;
23                          (c) a registered mortgagee of a lot in the scheme;
24                          (d) for a leasehold scheme, the owner of the
25                               leasehold scheme.
26




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     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 33



1       (2)    In section 29A(1) delete "Where part of the land in a parcel in a
2              survey-strata scheme is taken, the District Court may, on an
3              application by the strata company or by a proprietor or a
4              registered mortgagee of a lot within the scheme," and insert:
5

6              If part of a parcel subdivided by a survey-strata scheme is taken,
7              the Tribunal may
8

9       (3)    In section 29A(2):
10               (a) delete "the generality of ";
11               (b) delete "such directions for or with respect to any one"
12                     and insert:
13

14                     directions for any 1
15

16               (c)   delete "matters as the District Court considers necessary
17                     or expedient --" and insert:
18

19                     matters --
20

21              (d)    in paragraph (a) delete "entitlement of " and insert:
22

23                     entitlements of
24

25               (e)   in paragraph (a) delete "entitlement; and" and insert:
26

27                     entitlements; and
28

29               (f)   in paragraph (b) delete "moneys" and insert
30

31                     money
32




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                                      Strata Titles Act 1985 amended            Part 2
                               Amendment of long title and Parts I to VIII Division 2
                                                                                  s. 34



1                  (g)      in paragraph (b) delete "any one or more of the
2                           proprietors; and" and insert:
3

4                           the owner of a lot or, in the case of a leasehold scheme,
5                           the owner of the leasehold scheme; and
6

7                  (h)      in paragraph (c) delete "registered";
8                   (i)     in paragraphs (c), (d) and (e) delete "District Court"
9                           (each occurrence) and insert:
10

11                          Tribunal
12

13         (4)   In section 29A(3) delete "District Court may from time to time
14               amend any" and insert:
15

16               Tribunal may amend an
17

18         (5)   Delete section 29A(4) and (5).
19               Note: The heading to amended 29A is to read:
20                        Variation of survey-strata scheme on taking

21               Note:
22                        Section 29A (as amended) is renumbered as section 168 and
23                        relocated to Part 11 Division 2.

24   34.         Section 29B amended
25         (1)   In section 29B(1):
26                 (a) delete "Where part of the land in a strata plan is taken
27                       and the taking includes part but not the whole of any lot
28                       in the scheme," and insert:
29

30                          If part of a parcel subdivided by a strata titles scheme is
31                          taken,
32


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     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 34



1                   (b)     delete "shall," and insert:
2

3                           must,
4

5                   (c)     delete "subsection (2)." and insert:
6

7                           requirements specified in the regulations (the redefining
8                           plan).
9

10      (2)    Delete section 29B(2) and (3) and insert:
11

12             (2)        On registration of the redefining plan --
13                         (a) the redefining plan is taken to be part of the
14                               scheme plan as previously registered; and
15                         (b) the Registrar of Titles must amend the
16                               registered scheme plan in the manner specified
17                               in the regulations.
18

19      (3)    In section 29B(4) in the definition of acquiring authority
20             paragraph (b) delete "where" and insert:
21

22             if
23

24             Note: The heading to amended 29B is to read:
25                        Acquiring authority to lodge redefining plan after partial taking

26             Note:
27                        Section 29B (as amended) is renumbered as section 169 and
28                        relocated to Part 11 Division 2.




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                                Amendment of long title and Parts I to VIII Division 2
                                                                                   s. 35



1    35.         Section 29C amended
2          (1)   In section 29C(1) after "that a" insert:
3

4                strata titles
5

6          (2)   In section 29C(2):
7                  (a) delete "Where" and insert:
8

9                          If
10

11                 (b)     delete "shall" and insert:
12

13                         must
14

15               Note: The heading to amended section 29C is to read:
16                       Termination on compulsory acquisition

17               Note:
18                       Section 29C (as amended) is renumbered as section 196 and
19                       relocated to Part 12 Division 7.

20   36.         Section 31B amended
21               In section 31B delete "in respect of any land under Division 2
22               and the subsequent registration of a survey-strata plan relating
23               to the land under Part II." and insert:
24

25               and the subsequent subdivision of the land by a strata titles
26               scheme.
27

28               Note:
29                       Section 31B (as amended) is redesignated as clause 31B and
30                       relocated to Schedule 2A.




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     Division 2      Amendment of long title and Parts I to VIII
     s. 37



1    37.         Section 31C amended
2          (1)   In section 31C(1) delete "prescribed form" and insert:
3

4                approved form
5

6          (2)   In section 31C(2) delete "section" and insert:
7

8                clause
9

10         (3)   In section 31C(3):
11                 (a) delete "subsection" and insert:
12

13                         subclause
14

15                 (b)     delete "section" and insert:
16

17                         clause
18

19         (4)   Delete section 31C(4).
20               Note:
21                       Section 31C (as amended) is redesignated as clause 31C and
22                       relocated to Schedule 2A.

23   38.         Section 31D amended
24         (1)   Delete section 31D(1) and insert:
25

26               (1)     If a strata company has passed a resolution under
27                       clause 31C it may, in accordance with the regulations,
28                       lodge with the Registrar of Titles a notice of resolution
29                       in the approved form.
30



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                              Amendment of long title and Parts I to VIII Division 2
                                                                                 s. 39



1          (2)   In section 31D(2) delete "proprietors" and insert:
2

3                owners
4

5          (3)   Delete section 31D(3) and insert:
6

7                (3)     The notice of resolution --
8                         (a) if it is lodged by the strata company, is to be
9                               executed by the strata company; or
10                        (b) if it is lodged by the owners of lots, is to be
11                              signed by each owner.
12

13               Note:
14                       Section 31D (as amended) is redesignated as clause 31D and
15                       relocated to Schedule 2A.

16   39.         Section 31E amended
17         (1)   In section 31E(1):
18                 (a) in paragraph (a)(i) delete "prescribed manner --" and
19                       insert:
20

21                         manner specified in the regulations --
22

23                 (b)     delete paragraph (a)(i)(II) and insert:
24

25                                           (II)   the location of a short form
26                                                  easement or restrictive
27                                                  covenant that is to be created
28                                                  under section 33 as read with
29                                                  clause 31G,
30




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     Division 2      Amendment of long title and Parts I to VIII
     s. 39



1                (c)   delete paragraph (a)(v) and insert:
2

3                               (v)    containing such other features as may be
4                                      prescribed by the regulations relating to
5                                      the preparation of scheme plans by a
6                                      licensed surveyor;
7

8               (d)    in paragraph (b) delete "section" and insert:
9

10                     clause
11

12               (e)   delete paragraph (c)(ii) and insert:
13

14                              (ii)   the sum of the unit entitlements of all
15                                     the lots in the strata titles scheme;
16

17               (f)   delete paragraph (d) and insert:
18

19                     (d)   a certificate of a licensed valuer as required for
20                           a schedule of unit entitlements; and
21

22              (g)    in paragraph (e) delete "a proprietor," and insert:
23

24                     the owner of a lot,
25

26              (h)    in paragraph (e) delete "his consent to the proposed
27                     schedule of unit entitlement." and insert:
28

29                     the person's consent to the proposed schedule of unit
30                     entitlements.
31




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                                                                                 s. 40



1          (2)   In section 31E(2):
2                  (a) delete "section" and insert:
3

4                          clause
5

6                  (b)     delete "subsection" and insert:
7

8                          subclause
9

10               Note:
11                       Section 31E (as amended) is redesignated as clause 31E and
12                       relocated to Schedule 2A.

13   40.         Section 31F amended
14         (1)   In section 31F(1) delete "section 31E(1)(b)" and insert:
15

16               clause 31E(1)(b)
17

18         (2)   In section 31F(1)(a) delete "section;" and insert:
19

20               clause;
21

22         (3)   In section 31F(1)(b) delete "section." and insert:
23

24               clause.
25

26         (4)   In section 31F(2):
27                 (a) delete paragraphs (a) and (b) and insert:
28

29                         (a)    that the requirements of the regulations and
30                                Transfer of Land Act requirements for


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1                               preparation and certification of amendments of
2                               scheme plans by a licensed surveyor are
3                               satisfied; and
4                        (b)    that there are not more lots on the survey-strata
5                               plan than there are on the existing strata plan;
6                               and
7

8                (b)     in paragraph (d) delete "where" and insert:
9

10                       if
11

12               (c)     in paragraph (e) delete "subsection" and insert:
13

14                       subclause
15

16               (d)     in paragraph (e)(ii) delete "section" and insert:
17

18                       clause
19

20      (5)    In section 31F(3)(a) delete "subsection" and insert:
21

22             subclause
23

24      (6)    In section 31F(4) delete "subsection" (each occurrence) and
25             insert:
26

27             subclause
28

29             Note:
30                     Section 31F (as amended) is redesignated as clause 31F and
31                     relocated to Schedule 2A.




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                              Amendment of long title and Parts I to VIII Division 2
                                                                                 s. 41



1    41.         Section 31G amended
2          (1)   In section 31G(1) delete "section 31E(1)(a) may provide for
3                easements to be created under section 5D," and insert:
4

5                clause 31E(1)(a) may provide for a short form easement or
6                restrictive covenant to be created under section 33,
7

8          (2)   Delete section 31G(2) and insert:
9

10               (2)     Section 33 also applies to the discharge of an easement
11                       that is created under subclause (1).
12

13               Note:
14                       Section 31G (as amended) is redesignated as clause 31G and
15                       relocated to Schedule 2A.

16   42.         Section 31H amended
17         (1)   In section 31H(1) delete "subsection (2)," and insert:
18

19               subclause (2A),
20

21         (2)   Delete section 31H(2)(c) and all the words after that paragraph
22               and insert:
23

24                         (c)   in which any certificate required by
25                               clause 31E(1)(e) is set out.
26




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     Division 2      Amendment of long title and Parts I to VIII
     s. 43



1          (3)    After section 31H(2) insert:
2

3                (2A)     Subclause (1) does not apply if a disposition statement
4                         is lodged for registration with the notice of resolution.
5

6                 Note:
7                         Section 31H (as amended) is redesignated as clause 31H and
8                         relocated to Schedule 2A.

9    43.          Section 31J amended
10         (1)    Delete section 31J(2) and insert:
11

12                (2)     In addition to --
13                          (a) the operation of any transfer, document or
14                                disposition statement referred to in clause 31H;
15                                and
16                          (b) the creation of a short form easement or
17                                restrictive covenant under section 33 as read
18                                with clause 31G,
19                        the registration of a notice of resolution also has the
20                        effects described in subclauses (3), (4), (5), (6) and (7).
21

22         (2)    In section 31J(3):
23                  (a) delete "Where" and insert:
24

25                          If
26

27                  (b)     delete paragraph (b)(ii) and insert:
28

29                                  (ii)   exclusive use by-laws,
30




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                        Amendment of long title and Parts I to VIII Division 2
                                                                           s. 43



1    (3)   In section 31J(5) delete "proprietors" and insert:
2

3          owners of the lots
4

5    (4)   In section 31J(6):
6            (a) delete "a proprietor" and insert:
7

8                    the owner of a lot
9

10           (b)     delete "his" and insert:
11

12                   the
13

14   (5)   In section 31J(7):
15           (a) delete "this section is to be" and insert:
16

17                   this clause is
18

19           (b)     delete "that section." and insert:
20

21                   that clause.
22

23         Note:
24                 Section 31J (as amended) is redesignated as clause 31J and relocated
25                 to Schedule 2A.




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     Division 2      Amendment of long title and Parts I to VIII
     s. 44



1    44.         Section 31K amended
2                Delete section 31K(1)(a) and insert:
3

4                  (a)     the strata plan in the manner specified in the regulations
5                          to give effect to clauses 31G, 31H and 31J; and
6

7                Note:
8                        Section 31K (as amended) is redesignated as clause 31K and
9                        relocated to Schedule 2A.

10   45.         Section 33 amended
11         (1)   In section 33(1):
12                 (a) delete "Where the proprietors of the lots the subject of
13                       a " and insert:
14

15                         If the owners of the lots in a strata titles
16

17                 (b)     delete "any" (1st occurrence) and insert:
18

19                         a
20

21                 (c)     delete "taken against them jointly (any such proceedings
22                         being proceedings for or with respect to common
23                         property)," and insert:
24

25                         relating to common property taken against them jointly,
26

27                 (d)     delete "any such proceedings shall have" and insert:
28

29                         the proceedings has
30




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                        Amendment of long title and Parts I to VIII Division 2
                                                                           s. 45



1            (e)     delete "proprietors." and insert:
2

3                    owners.
4

5    (2)   In section 33(2):
6            (a) delete "Where a proprietor" and insert:
7

8                    If an owner of a lot
9

10           (b)     delete "proprietor in respect of " and insert:
11

12                   owner for
13

14           (c)     delete "shall" and insert:
15

16                   must
17

18           (d)     delete "proprietor bears to the aggregate unit
19                   entitlement." and insert:
20

21                   owner bears to the sum of the unit entitlements of all the
22                   lots.
23

24         Note: The heading to amended section 33 is to read:
25                 Strata company is representative of owners in proceedings

26         Note:
27                 Section 33 (as amended) is renumbered as section 103 and relocated
28                 to Part 8 Division 1 Subdivision 4.




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     Division 2      Amendment of long title and Parts I to VIII
     s. 46



1    46.         Section 34 amended
2          (1)   In section 34(1):
3                  (a) delete "varying or discharging" and insert:
4

5                          varying, extending, discharging or terminating
6

7                  (b)     delete "vary or discharge" and insert:
8

9                          vary, extend, discharge or terminate
10

11                 (c)     delete "varied or discharged" and insert:
12

13                         varied, extended, discharged or terminated
14

15         (2)   In section 34(2) delete "variation or discharge" and insert:
16

17               variation, extension, discharge or termination
18

19         (3)   Delete section 34(3) and insert:
20

21               (3)     This section does not affect --
22                        (a) section 115; or
23                        (b) section 151; or
24                        (c) the operation of a law that requires some
25                              consent or sanction to be obtained, or some
26                              procedure to be complied with, in relation to
27                              the making, variation, extension, discharge or
28                              termination of a contract.
29

30               Note:
31                       Section 34 (as amended) is renumbered as section 139 and relocated
32                       to Part 8 Division 5.


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                              Amendment of long title and Parts I to VIII Division 2
                                                                                 s. 47



1    47.         Section 35 amended
2          (1)   In section 35(1):
3                  (a) delete "shall --" and insert:
4

5                        must --
6

7                 (b)    delete paragraph (a);
8                 (c)    in paragraph (b) delete "proprietors; and" and insert:
9

10                       owners of lots; and
11

12                (d)    in paragraph (c) delete "where" and insert:
13

14                       if
15

16                (e)    in paragraph (c)(ii) delete "vested in" and insert:
17

18                       owned by
19

20                 (f)   in paragraph (c) delete "cause; and" and insert:
21

22                       cause.
23

24                (g)    delete paragraphs (e) to (k).




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     Division 2      Amendment of long title and Parts I to VIII
     s. 48



1          (2)   Delete section 35(2) and insert:
2

3                (2)     A strata company may improve or alter the common
4                        property in a manner that goes beyond what is required
5                        under subsection (1).
6                        Note for this subsection:
 7                              Expenditure above a certain amount incurred for the
 8                              purposes set out in subsection (2) must be authorised by
 9                              special resolution, except for expenditure on sustainability
10                              infrastructure, which may be authorised by ordinary
11                              resolution: see section 102.

12               (3)     A strata company may sue and be sued for rights and
13                       liabilities related to the common property in the strata
14                       titles scheme as if it were the owner and occupier of the
15                       common property.
16

17               Note: The heading to amended section 35 is to read:
18                       General duty

19               Note:
20                       Section 35 (as amended) is renumbered as section 91 and relocated to
21                       Part 8 Division 1 Subdivision 1.

22   48.         Section 35A amended
23         (1)   In section 35A(1) delete "shall" and insert:
24

25               must
26

27         (2)   In section 35A(1) delete the Penalty and insert:
28

29                       Penalty for this subsection: a fine of $3 000.
30




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                        Amendment of long title and Parts I to VIII Division 2
                                                                           s. 48



1    (3)   In section 35A(3)(b) delete "a proprietor" and insert:
2

3          an owner
4

5    (4)   Delete section 35A(4) and insert:
6

7          (4)     The particulars to be entered in the roll are --
8                   (a) the name of the strata company; and
9                   (b) the name and address for service of each
10                        member of the council, or officer, of the strata
11                        company; and
12                  (c) the name and address for service of the owner
13                        of each lot; and
14                  (d) the name and address for service of each strata
15                        manager of the strata company; and
16                  (e) the name and address for service of any lessee
17                        or tenant of a lot notified to the strata company;
18                        and
19                   (f) the name and address for service of any
20                        mortgagee of a lot notified to the strata
21                        company.
22

23   (5)   In section 35A(5) delete "shall" and insert:
24

25         must
26

27         Note:
28                 Section 35A (as amended) is renumbered as section 105 and
29                 relocated to Part 8 Division 1 Subdivision 5.




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     Division 2      Amendment of long title and Parts I to VIII
     s. 49



1    49.         Section 36 amended
2          (1)   Delete section 36(1), (1a) and (2) and insert:
3

4                (1)   A strata company must --
5                       (a) establish a fund (an administrative fund) for
6                              administrative expenses that is sufficient in the
7                              opinion of the strata company for the control
8                              and management of the common property, for
9                              the payment of any premiums of insurance and
10                             the discharge of any other obligation of the
11                             strata company; and
12                      (b) determine the amounts to be raised for payment
13                             into the administrative fund; and
14                      (c) raise amounts so determined by levying
15                             contributions on owners of lots --
16                                (i) in proportion to the unit entitlements of
17                                     their respective lots; or
18                               (ii) if the scheme by-laws provide for a
19                                     different basis for levying contributions,
20                                     in accordance with that basis;
21                              and
22                      (d) recover from the owner of a lot, by action in a
23                             court of competent jurisdiction if necessary,
24                             any sum of money expended by the company
25                             for repairs or work done by it or at its direction
26                             in complying with a notice issued, or order
27                             made, under a written law in respect of the lot.
28               (2)   A strata company must, if it is a designated strata
29                     company, and may, in any other case --
30                       (a) establish a fund (a reserve fund) for the
31                             purpose of accumulating funds to meet
32                             contingent expenses, other than those of a



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                      Amendment of long title and Parts I to VIII Division 2
                                                                         s. 49



1                        routine nature, and other major expenses of the
2                        strata company likely to arise in the future; and
3                  (b)   determine the amounts to be raised for payment
4                        into the reserve fund; and
5                  (c)   may raise amounts so determined by levying
6                        contributions on the owners in proportion to the
7                        unit entitlements of their respective lots.
8          (2A)   A designated strata company must ensure --
9                  (a) that there is a 10 year plan that sets out --
10                          (i) the common property and the personal
11                               property of the strata company that is
12                               anticipated to require maintenance,
13                               repair, renewal or replacement (other
14                               than of a routine nature) in the period
15                               covered by the plan; and
16                         (ii) the estimated costs for the maintenance,
17                               repairs, renewal or replacement; and
18                        (iii) other information required to be
19                               included by the regulations;
20                       and
21                 (b) that the 10 year plan is revised at least once in
22                       each 5 years and that, when revised, the plan is
23                       extended to cover the 10 years following the
24                       revision.
25

26   (2)    In section 36(3):
27            (a) delete "by-laws of a strata company" and insert:
28

29                 scheme by-laws
30




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1               (b)    delete "shall" and insert;
2

3                      must
4

5                (c)   delete "of proprietors passed at a general meeting of " and
6                      insert:
7

8                      passed by
9

10      (3)    In section 36(4):
11               (a) in paragraph (b) delete "prescribed," and insert:
12

13                     specified in the regulations,
14

15              (b)    in paragraph (b) delete "shall bear" and insert:
16

17                     bears
18

19      (4)    In section 36(5) delete "shall form" and insert:
20

21             forms
22

23      (5)    In section 36(6):
24               (a) delete "Subject to section 43(4), a proprietor" and insert:
25

26                     The owner
27

28              (b)    delete "thereon," and insert:
29

30                     on the contribution,
31




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                                                                                 s. 50



1                  (c)     delete "proprietor" (each occurrence) and insert:
2

3                          owner
4

5                  (d)     delete "he" and insert:
6

7                          the owner
8

9          (6)   After section 36(6) insert:
10

11               (7)     In this section --
12                       designated strata company means --
13                         (a) a strata company for a scheme with 10 or more
14                                lots; or
15                         (b) a strata company included in this definition by
16                                the regulations.
17

18               Note: The heading to amended section 36 is to read:
19                       Administrative and reserve funds and contributions

20               Note:
21                       Section 36 (as amended) is renumbered as section 100 and relocated
22                       to Part 8 Division 1 Subdivision 3.

23   50.         Section 37 amended
24         (1)   In section 37(1):
25                 (a) delete "A" and insert:
26

27                         Without limiting the powers of a strata company to
28                         perform its functions, a
29




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     Division 2      Amendment of long title and Parts I to VIII
     s. 50



1               (b)    in paragraph (a) delete "proprietors" and insert:
2

3                      owners of lots
4

5                (c)   in paragraph (c) delete "moneys" and insert:
6

7                      money
8

9               (d)    in paragraph (d) delete "moneys" and insert:
10

11                     money
12

13               (e)   in paragraph (d) delete "thereon," and insert:
14

15                     on that money,
16

17               (f)   in paragraph (d) delete "vested in" and insert:
18

19                     owned by
20

21              (g)    in paragraph (e) delete "any moneys" and insert:
22

23                     money
24

25              (h)    in paragraph (e) delete "any" (1st occurrence) and insert:
26

27                     the
28

29               (i)   in paragraph (e) delete "in any investment prescribed;
30                     and" and insert:
31

32                     by the regulations; and
33


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1     (j)   in paragraph (f) delete "where" and insert:
2

3           if
4

5    (k)    in paragraph (f) delete "any" and insert:
6

7           an
8

9     (l)   in paragraph (g) delete "make an agreement with any
10          proprietor" and insert:
11

12          make a contract with the owner
13

14   (m)    in paragraph (g) delete "that lot or to the proprietor or
15          occupier of that lot; and" and insert:
16

17          the lot or to the owner or occupier; and
18

19   (n)    in paragraph (h) delete "vessels." and insert:
20

21          vessels; and
22

23   (o)    after paragraph (h) insert:
24

25          (i)     grant a lease, licence or other rights over
26                  common property for the purpose of utility
27                  infrastructure or sustainability infrastructure;
28                  and
29          (j)     for the purpose of performing any of its
30                  functions, develop and turn to account any
31                  technology, software, or intellectual property
32                  that relates to the function and, for that purpose,
33                  apply for, hold, exploit, and dispose of any


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1                                 patent, patent rights, copyright, or similar
2                                 rights; and
3                          (k)    arrange for the auditing of any accounting
4                                 records.
5

6          (2)   In section 37(2) delete "shall form" and insert:
7

8                forms
9

10               Note: The heading to amended section 37 is to read:
11                       Powers of strata company generally

12               Note:
13                       Section 37 (as amended) is renumbered as section 116 and relocated
14                       to Part 8 Division 1 Subdivision 7.

15   51.         Section 38 amended
16         (1)   Delete section 38(1) and (2) and insert:
17

18               (1)     If a notice issued, or order made, under a written law
19                       has been served on the owner of a lot requiring that
20                       owner to carry out any work on or in relation to that lot
21                       and the notice or order is not complied with, the strata
22                       company may carry out the work.
23               (2)     A strata company may carry out work that an owner or
24                       occupier of a lot fails or neglects to carry out if the
25                       work is --
26                         (a) required to be carried out by that person under a
27                               term or condition of exclusive use by-laws; or
28                        (b) necessary to remedy a contravention of a duty
29                               that the person has under a statutory easement.
30




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                                 Strata Titles Act 1985 amended            Part 2
                          Amendment of long title and Parts I to VIII Division 2
                                                                             s. 51



1    (2)   In section 38(3):
2            (a) delete "Where a proprietor, mortgagee in possession,"
3                  and insert:
4

5                      If an owner
6

7               (b)    delete " any".
8    (3)   Delete section 38(4) and insert:
9

10         (4)        If the strata company carries out work under
11                    subsection (1), other than work performed for the
12                    benefit of the scheme building generally, or under
13                    subsection (2), it may recover the cost of so doing, as a
14                    debt in a court of competent jurisdiction --
15                      (a) from the owner or occupier referred to in
16                             subsection (1) or (2); or
17                      (b) if the work is carried out under --
18                                (i) subsection (1), from a person who, after
19                                    the work is carried out, becomes the
20                                    owner of the lot on or in relation to
21                                    which the work was carried out; or
22                               (ii) subsection (2), from a person who, after
23                                    the work is carried out, becomes the
24                                    owner of the lot referred to in
25                                    subsection (2).
26

27   (4)   In section 38(5) delete "Where" and insert:
28

29         If
30




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     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 52



1          (5)   Delete section 38(6) and insert:
2

3                (6)     If any part of a scheme building comprised in a lot
4                        contains a structural defect which affects or is likely to
5                        affect the support or shelter provided by that lot for
6                        another lot in that building or the common property and
7                        the defect is not due to any contravention of a duty that
8                        a person has under a statutory easement, the strata
9                        company may, at its own expense, carry out such work
10                       as is necessary to rectify the defect.
11

12               Note:
13                       Section 38 (as amended) is renumbered as section 94 and relocated to
14                       Part 8 Division 1 Subdivision 1.

15   52.         Section 39A amended
16         (1)   In section 39A(1):
17                 (a) delete "agreement" (1st occurrence) and insert:
18

19                         contract
20

21                 (b)     delete "agreement, by notice in writing to every other
22                         party to the agreement," and insert:
23

24                         contract, by written notice to every other party to the
25                         contract,
26

27                 (c)     delete "agreement was entered into." and insert:
28

29                         contract was made.
30




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                              Strata Titles Act 1985 amended            Part 2
                       Amendment of long title and Parts I to VIII Division 2
                                                                          s. 52



1    (2)   In section 39A(3) delete "An agreement shall" and insert:
2

3          A contract or any other agreement or arrangement must
4

5    (3)   In section 39A(4):
6            (a) delete "an agreement if --" and insert:
7

8                   a contract if --
9           (b)     delete paragraph (a) and insert:
10

11                   (a)   it relates to the provision of amenities or
12                         services to the strata company or the owners of
13                         lots; and
14

15           (c)    delete paragraph (c) and insert:
16

17                   (c)   it was made before registration of the strata
18                         titles scheme or when any owner held 50% or
19                         more of the unit entitlement of the lots.
20

21   (4)   Delete section 39A(5) and insert:
22

23         (5)     The Tribunal may, on the application of a person made
24                 in respect of a contract, by order extend the period of
25                 5 years provided for by subsection (1), so far as it
26                 applies to that contract, if satisfied that the contract --
27                   (a) is fair to all owners of lots in the strata titles
28                         scheme; and
29                   (b) will remain fair to all those owners during the
30                         extended period.
31




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     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 53



1          (5)   In section 39A(6):
2                  (a) delete "agreement" (1st occurrence) and insert:
3

4                          contract
5

6                  (b)     delete "agreement was entered into," and insert:
7

8                          contract was made,
9

10         (6)   Delete section 39A(7).
11               Note: The heading to amended 39A is to read:
12                       Power to terminate certain contracts for amenities or services

13               Note:
14                       Section 39A (as amended) is renumbered as section 115 and
15                       relocated to Part 8 Division 1 Subdivision 7.

16   53.         Section 44 amended
17         (1)   In section 44(1):
18                 (a) delete " company shall," and insert:
19

20                         company,
21

22                 (b)     delete "at a general meeting, be" and insert:
23

24                         by ordinary resolution, are to be
25

26         (2)   In section 44(2):
27                 (a) delete "shall" (1st occurrence) and insert:
28

29                         must
30

31                 (b)     delete "shall" (2nd occurrence);

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                        Amendment of long title and Parts I to VIII Division 2
                                                                           s. 53



1            (c)     delete "and in the manner provided by the by-laws of the
2                    strata company." and insert:
3

4                    this Act and the scheme by-laws.
5

6    (3)   After section 44(2) insert:
7

8          (3)     On an election of the council at a general meeting of
9                  the strata company --
10                   (a) a person who is entitled to vote in the election
11                          and who is present in person or by proxy at the
12                          meeting may demand that the votes in the
13                          election be counted by unit entitlement of the
14                          lots; and
15                   (b) if no such demand is made, the votes in the
16                          election are to be counted by number.
17         (4)     1 of the members of the council of a strata company
18                 must hold office as the chairperson of the strata
19                 company.
20                 Note for this section:
21                        Section 143 provides that the functions of a strata company
22                        or the council or an officer of a strata company may be
23                        performed by a strata manager.
24

25         Note: The heading to amended section 44 is to read:
26                 Functions and constitution of councils

27         Note:
28                 Section 44 (as amended) is renumbered as section 135 and relocated
29                 to Part 8 Division 4.




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     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 54



1    54.         Section 45 amended
2          (1)   Delete section 45(1) and insert:
3

4                (1)     A corporation is eligible to be an officer of a strata
5                        company or a member of the council of a strata
6                        company.
7

8          (2)   In section 45(2):
9                  (a) delete "any function conferred by or" and insert:
10

11                        a function conferred
12

13                (b)     delete "chairman, secretary or treasurer of the strata
14                        company or as a member or alternate" and insert:
15

16                        an officer of the strata company or as a
17

18                 (c)    after "revoke" insert:
19

20                        the
21

22         (3)   In section 45(3):
23                 (a) delete "Where" and insert:
24

25                        If
26




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                                     Strata Titles Act 1985 amended            Part 2
                              Amendment of long title and Parts I to VIII Division 2
                                                                                 s. 55



1                  (b)     delete "shall be deemed" and insert:
2

3                          is taken
4

5                Note: The heading to amended section 45 is to read:
6                        Corporate body may be officer or council member

7                Note:
8                        Section 45 (as amended) is renumbered as section 136 and relocated
9                        to Part 8 Division 4.

10   55.         Section 53A amended
11               In section 53A:
12                 (a) delete "Subdivision --" and insert:
13

14                         Part --
15

16                 (b)     in paragraph (c) delete "proprietor are to a proprietor"
17                         and insert:
18

19                         an owner of a lot are to an owner
20

21               Note: The heading to amended section 53A is to read:
22                       References in this Part

23               Note:
24                       Section 53A (as amended) is redesignated as clause 53A and
25                       relocated to Schedule 2A.

26   56.         Section 53B amended
27         (1)   In section 53B(1):
28                 (a) delete paragraph (a)(i) and (ii) and insert:
29

30                                    (i)   insurable assets within a lot in a
31                                          scheme; or


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     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 56



1                                (ii)   damage to property, death, bodily injury
2                                       or illness for which the owner of a lot in
3                                       a scheme could become liable in
4                                       damages;
5

6                (b)     in paragraph (b) delete "proprietor" and insert:
7

8                        owner of the lot
9

10               (c)     in paragraph (c) delete "any";
11               (d)     delete "section, at the discretion of the proprietor" and
12                       insert:
13

14                       clause, at the discretion of the owner
15

16      (2)    Delete section 53B(2) and (3) and insert:
17

18             (2)     A strata company for a scheme may determine, by
19                     ordinary resolution, that it is a function of the strata
20                     company to insure in respect of the matters referred to
21                     in subclause (1), and may at any time, by ordinary
22                     resolution, revoke that determination.
23             (3)     While such a resolution is in force, the strata company
24                     must comply with clause 53D.
25             (4)     If insurable assets are wholly within common property,
26                     whether there is insurance in respect of the assets is not
27                     at the discretion of the owner of a lot.
28

29             Note:
30                     Section 53B (as amended) is redesignated as clause 53B and
31                     relocated to Schedule 2A.




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                                  Strata Titles Act 1985 amended            Part 2
                           Amendment of long title and Parts I to VIII Division 2
                                                                              s. 57



1    57.         Section 53C amended
2          (1)   In section 53C(1):
3                  (a) delete "shall --" and insert:
4

5                       must --
6

7                 (b)   in paragraph (a) delete "any building, or part of a
8                       building, or improvement on the parcel that is" and
9                       insert:
10

11                      insurable assets that are within the
12

13                (c)   in paragraph (b) delete "death or bodily injury for which
14                      the proprietors" and insert:
15

16                      death, bodily injury or illness for which the owners
17

18         (2)   In section 53C(2):
19                 (a) delete "subsection" and insert:
20

21                      subclause
22

23                (b)   in paragraph (a)(i) delete "is no building or
24                      improvement" and insert:
25

26                      are no insurable assets
27

28                (c)   in paragraph (a)(ii) delete "lot;" and insert:
29

30                      lot or on the boundary of temporary common property;
31




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     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 57



1               (d)    in paragraph (b) delete "(or unanimous resolution in the
2                      case of a two-lot scheme) determined that subsection"
3                      and insert:
4

5                      determined that subclause
6

7       (3)    Delete section 53C(3) to (5) and insert:
8
9              (3)    A resolution under subclause (2)(b) remains in force
10                    until --
11                      (a) it is revoked; or
12                     (b) it ceases to have effect under subclause (5).
13             (4)    The owner of a lot may, at any time after the passing of
14                    the resolution, serve written notice on the strata
15                    company or, in the case of a 2-lot scheme, on the
16                    owner of the other lot, that the owner requires that
17                    subclause (1) apply to the scheme.
18             (5)    If the owner of a lot serves a notice under
19                    subclause (4), the resolution under subclause (2)(b)
20                    ceases to have effect at the end of the period of
21                    1 month beginning on the day on which the notice was
22                    served.
23             (6)    While a resolution under subclause (2)(b) is in force,
24                    the following are at the discretion of the owner of the
25                    lot --
26                      (a) whether there is insurance in respect of --
27                              (i) the share of the owner of a lot in
28                                   insurable assets in the scheme that are
29                                   within the common property; or
30                             (ii) damage to property, death, bodily injury
31                                   or illness for which an owner of a lot in
32                                   the scheme could become liable in
33                                   damages as the holder of a share in the
34                                   common property;

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                                     Strata Titles Act 1985 amended            Part 2
                              Amendment of long title and Parts I to VIII Division 2
                                                                                 s. 58



1                          (b)   the occurrences to be insured against by the
2                                owner of a lot in relation to those matters;
3                          (c)   the terms on which insurance is obtained.
4

5                Note:
6                        Section 53C (as amended) is redesignated as clause 53C and
7                        relocated to Schedule 2A.

8    58.         Section 53D amended
9          (1)   Delete section 53D(1) and (2) and insert:
10

11               (1)     This clause applies if --
12                        (a) a resolution is in force under clause 53B(2); or
13                        (b) in accordance with clause 53C, a strata
14                               company has the obligations described in
15                               subclause (1) of that clause.
16               (2)     This clause also applies if a strata company passes an
17                       ordinary resolution to insure common property that it is
18                       not obliged to insure by reason of clause 53C(2)(a).
19

20         (2)   In section 53D(3):
21                 (a) delete "shall --" and insert:
22

23                         must --
24

25                 (b)     delete paragraph (a) and insert:
26

27                         (a)   insure and keep insured insurable assets to
28                               which its obligation extends against fire, storm
29                               and tempest (excluding damage by sea, flood or
30                               erosion), lightning, explosion and
31                               earthquake --
32                                 (i) to replacement value; or

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     Division 2      Amendment of long title and Parts I to VIII
     s. 58



1                                (ii)   to replacement value, up to, for an event
2                                       of a specified kind, a maximum amount
3                                       specified in the contract of insurance
4                                       that is a reasonable limitation in the
5                                       circumstances;
6                               and
7

8                (c)     in paragraph (b) delete "or bodily injury for not less than
9                        $5 000 000 or such other amount as may be prescribed"
10                       and insert:
11

12                       bodily injury or illness for not less than $10 000 000 or
13                       such other amount as may be specified in the regulations
14

15      (3)    In section 53D(3) delete the penalty and insert:
16

17                     Penalty for this subclause: a fine of $3 000.
18

19      (4)    Delete section 53D(4) and insert:
20

21             (4)     It is a defence to a charge of an offence against
22                     subclause (3) for a strata company to prove that,
23                     despite having taken all reasonably practicable steps
24                     available to it to comply with that subclause, no insurer
25                     is willing to enter into a contract of insurance, on
26                     reasonable terms, that meets the obligation imposed by
27                     that subclause.
28

29             Note: The heading to amended section 53D is to read:
30                     Strata company's obligations if it has insurance function in single
31                     tier strata scheme

32             Note:
33                     Section 53D (as amended) is redesignated as clause 53D and
34                     relocated to Schedule 2A.


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                                  Strata Titles Act 1985 amended            Part 2
                           Amendment of long title and Parts I to VIII Division 2
                                                                              s. 59



1    59.         Section 53E amended
2          (1)   Delete section 53E(1) and (2) and insert:
3

4                (1)   If --
5                        (a)   in accordance with section 140, an
6                              administrative fund is not maintained by a
7                              strata company under section 100(1)(a); and
8                       (b)    the strata company or the owner of a lot
9                              receives notice of the amount of any premium
10                             or other charge for insurance under clause 53D,
11                     the strata company, or the owner, may give notice in
12                     writing of that amount to the owner of each lot in the
13                     scheme, or each other owner, and require the owner to
14                     pay a share of the premium or other charge before a
15                     specified time.
16               (2)   The share payable by the owner of a lot is --
17                      (a) a sum equal to the same proportion of the
18                            amount as the unit entitlement of the lot bears
19                            to the sum of the unit entitlements of all the lots
20                            in the scheme; or
21                      (b) if applicable, a sum fixed under the scheme
22                            by-laws.
23

24         (2)   In section 53E(3):
25                 (a) delete "Where --" and insert:
26

27                      If --
28




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     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 59



1                (b)     delete paragraph (a) and insert:
2

3                        (a)    notice has been given to the owner of a lot
4                               under subclause (1); and
5

6                (c)     in paragraph (b) delete "proprietor's" and insert:
7

8                        owner's
9

10               (d)     delete "proprietor" and insert:
11

12                       owner
13

14      (3)    Delete section 53E(4) and insert:
15

16             (4)     If the amount of an owner's share has become due to
17                     the strata company but has not been paid, the owner of
18                     another lot may --
19                       (a) pay the amount; and
20                       (b) recover the amount as a debt on application to
21                              the Tribunal.
22

23             Note: The heading to amended section 53E is to read:
24                     Recovery of premium by strata company or owner if no
25                     administrative fund in single tier strata schemes

26             Note:
27                     Section 53E (as amended) is redesignated as clause 53E and
28                     relocated to Schedule 2A.




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                                    Strata Titles Act 1985 amended            Part 2
                             Amendment of long title and Parts I to VIII Division 2
                                                                                s. 60



1    60.         Section 57 amended
2          (1)   Delete section 57(1) and insert:
3

4                (1)     The owner of a lot in a strata titles scheme may enter
5                        into a contract of insurance (a contract of mortgage
6                        insurance) against damage to or destruction of the lot
7                        or a building or other improvement on the lot for an
8                        amount equal to the amount secured by mortgages of
9                        the lot at the date of any loss referred to in the contract.
10

11         (2)   In section 57(2):
12                 (a) delete "Where any contract of insurance of the kind
13                       authorised by subsection (1)" and insert:
14

15                        If a contract of mortgage insurance
16

17                (b)     in paragraph (a) delete "shall" and insert:
18

19                        must
20

21                 (c)    in paragraph (a) delete "thereon" and insert:
22

23                        in the contract
24

25                (d)     in paragraph (b) delete "thereunder --" and insert:
26

27                        the lesser of the following --
28

29                 (e)    in paragraph (b)(iii) delete "charged upon the lot," and
30                        insert:
31

32                        of the lot;
33


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     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 60



1                (f)     in paragraph (b) delete "whichever is the least amount;";
2                (g)     in paragraph (c) delete "where" and insert:
3

4                        if
5

6                (h)     in paragraph (c) delete "charged upon" and insert
7

8                        of
9

10                (i)    in paragraph (d) delete "where" and insert:
11

12                       if
13

14                (j)    in paragraph (d) delete "shall be" and insert:
15

16                       is
17

18      (3)     In section 57(2) after each of paragraphs (a), (b) and (c) insert:
19

20              and
21

22      (4)     Delete section 57(3), (4) and (5) and insert:
23

24              (3)     A contract of mortgage insurance is not liable to be
25                      brought into contribution with any other such contract
26                      of mortgage insurance unless both contracts cover the
27                      same lot and relate to the same mortgage debt.




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                                     Strata Titles Act 1985 amended            Part 2
                              Amendment of long title and Parts I to VIII Division 2
                                                                                 s. 61



1                (4)     Nothing in this Act limits the right of the owner of a lot
2                        to effect insurance for the lot.
3

4                Note: The heading to amended section 57 is to read:
5                        Insurance for lot

6                Note:
7                        Section 57 (as amended) is renumbered as section 84 and relocated to
8                        Part 7 Division 1.

9    61.         Section 60 amended
10         (1)   In section 60(1):
11                 (a) delete "any plan" and insert:
12

13                         a scheme plan or an amendment of a scheme plan
14

15                 (b)     delete "shall" and insert:
16

17                         must
18

19         (2)   Delete section 60(2).
20         (3)   In section 60(3):
21                 (a) after "plan" insert:
22
23                         or amended plan
24

25                 (b)     delete "shall" and insert:
26

27                         must
28

29               Note: The heading to amended section 60 is to read:
30                       Registrar of Titles to deliver copies of plans
31               Note:
32                       Section 60 (as amended) is renumbered as section 67 and relocated to
33                       Part 5 Division 4.


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     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 62



1    62.         Section 61 amended
2                In section 61:
3                  (a) delete "all purposes in relation to";
4                  (b) delete "the parcel or any part of the" and insert:
5

6                          a parcel or part of a
7

8                  (c)     in paragraph (a) delete "certified copy of the
9                          strata/survey-strata plan, plan of re-subdivision or
10                         consolidation for a scheme or transfer" and insert:
11

12                         copy of the scheme plan or amended plan
13

14                 (d)     in paragraph (a) delete "section 60," and insert:
15

16                         section 67,
17

18                 (e)     in paragraph (b) delete "certified" (each occurrence);
19                 (f)     in paragraph (b) delete "transfer" and insert:
20

21                         amended plan
22

23               Note:
24                       Section 61 (as amended) is renumbered as section 68 and relocated to
25                       Part 5 Division 4.

26   63.         Section 62 amended
27         (1)   In section 62(1):
28                 (a) delete "Where" and insert:
29

30                         If
31




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                       Amendment of long title and Parts I to VIII Division 2
                                                                          s. 63



1           (b)   delete "in a strata plan" and insert:
2

3                 subdivided by a strata scheme
4

5           (c)   delete "shall, notwithstanding" and insert:
6

7                 must, despite
8

9    (2)   In section 62(2):
10           (a) delete "thereto," and insert:
11

12                to the valuation,
13

14          (b)   delete "thereon shall be deemed" and insert:
15

16                on the parcel are taken
17

18   (3)   In section 62(3):
19           (a) delete "strata/survey-strata plan" and insert:
20

21                strata scheme
22

23          (b)   delete "shall for the purposes of this section be deemed"
24                and insert:
25

26                is taken, for the purposes of this section,
27

28   (4)   In section 62(4):
29           (a) delete "where" and insert:
30

31                if
32


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     Division 2      Amendment of long title and Parts I to VIII
     s. 63



1                (b)    delete "in this section called".
2                (c)    in paragraph (a) delete "shall" and insert:
3

4                       must
5

6                (d)    in paragraph (a) delete "as shown on the registered strata
7                       plan;" and insert:
8

9                       in the strata scheme;
10

11               (e)    in paragraph (c) delete "proprietor" and insert:
12

13                      owner
14

15                (f)   in paragraph (c) delete "deemed" and insert:
16

17                      taken
18

19      (5)     In section 62(5):
20                (a) delete "Where --" and insert:
21

22                      If --
23

24               (b)    in paragraph (a) delete "shall" and insert:
25

26                      must
27

28               (c)    in paragraph (a) delete "upon" and insert:
29

30                      on
31




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                                      Strata Titles Act 1985 amended            Part 2
                               Amendment of long title and Parts I to VIII Division 2
                                                                                  s. 64



1                  (d)     in paragraph (b) delete "shall" and insert:
2

3                          is to
4

5                  (e)     in paragraph (b) delete " therefrom";
6                  (f)     in paragraph (b) delete "such" and insert:
7

8                          the
9

10               Note: The heading to amended section 62 is to read:
11                       Rating for strata schemes

12               Note:
13                       Section 62 (as amended) is renumbered as section 69 and relocated to
14                       Part 5 Division 4.

15   64.         Section 62A amended
16         (1)   In section 62A(2):
17                 (a) delete "shall" and insert:
18

19                         must
20

21                 (b)     delete "any" and insert:
22

23                         a
24

25         (2)   In section 62A(3):
26                 (a) delete "shall" and insert:
27

28                         must
29

30                 (b)     delete "any".



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     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 65



1          (3)   In section 62A(4):
2                  (a) delete "Where" and insert:
3

4                          If
5

6                  (b)     delete "any" and insert:
7

8                          a
9

10                 (c)     delete "shall" and insert:
11

12                         must
13

14                 (d)     delete "upon" and insert:
15

16                         on
17

18               Note:
19                       Section 62A (as amended) is renumbered as section 70 and relocated
20                       to Part 5 Division 4.

21   65.         Section 63 amended
22         (1)   In section 63(1):
23                 (a) delete "Where" and insert:
24

25                         If
26

27                 (b)     delete "shall, notwithstanding" and insert:
28

29                         must, despite
30




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                       Amendment of long title and Parts I to VIII Division 2
                                                                          s. 65



1    (2)   In section 63(2):
2            (a) delete "where" and insert:
3

4                 if
5

6           (b)   delete "in this subsection called".
7           (c)   in paragraph (a) delete "of the parcel for any" and insert:
8

9                 for a
10

11          (d)   in paragraph (b) delete "proprietor" and insert:
12

13                owner
14

15          (e)   in paragraph (b) delete "any rate" and insert:
16

17                a rate
18

19   (3)   In section 63(3):
20           (a) delete "Where" and insert:
21

22                If
23

24          (b)   delete "any" and insert:
25

26                a
27

28          (c)   delete "shall" and insert:
29

30                must
31




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     Division 2      Amendment of long title and Parts I to VIII
     s. 66



1                  (d)     delete "upon" and insert:
2

3                          on
4

5                Note:
6                        Section 63 (as amended) is renumbered as section 71 and relocated to
7                        Part 5 Division 4.

8    66.         Section 64 amended
9          (1)   In section 64(1):
10                 (a) delete "Notwithstanding section 62(2)" and insert:
11

12                         Despite section 69(2)
13

14                 (b)     delete "where" and insert:
15

16                         if
17

18                 (c)     delete "proprietor" (each occurrence) and insert:
19

20                         owner
21

22                 (d)     delete "shall be" and insert:
23

24                         is
25

26         (2)   In section 64(2):
27                 (a) delete "Upon" and insert:
28

29                         On
30




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                                Amendment of long title and Parts I to VIII Division 2
                                                                                   s. 67



1                  (b)     delete "a proprietor" and insert:
2

3                          the owner
4

5                  (c)     delete "pursuant to" and insert:
6

7                          under
8

9                  (d)     in paragraph (a) delete "shall" and insert:
10

11                         must
12

13                 (e)     in paragraph (a) delete "upon" and insert:
14

15                         on
16

17                 (f)     in paragraph (b) delete "such" and insert:
18

19                         the
20

21               Note: The heading to amended section 64 is to read:
22                       Owner may seek a review of unimproved value of parcel

23               Note:
24                       Section 64 (as amended) is renumbered as section 72 and relocated to
25                       Part 5 Division 4.

26   67.         Section 65 amended
27         (1)   In section 65(1):
28                 (a) delete "(1) For all" and insert:
29

30                         For all
31




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     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 67



1                 (b)     delete "the parcel in a strata plan," and insert:
2

3                         a parcel subdivided by a strata scheme,
4

5                 (c)     in paragraph (a) delete "shall" and insert:
6

7                         must
8

9                 (d)     in paragraph (a) delete "lots as shown on the registered
10                        strata plan; and" and insert:
11
12                        lots;
13

14                (e)     in paragraph (b) delete "improvement tax; and" and
15                        insert:
16
17                        improvement tax;
18

19                (f)     in paragraph (c) delete "shall be deemed" and insert:
20

21                        is taken
22

23      (2)     Delete section 65(2).
24              Note: The heading to amended section 65 is to read:
25                      Land tax and metropolitan region improvement tax: strata
26                      schemes

27              Note:
28                      Section 65 (as amended) is renumbered as section 73 and relocated to
29                      Part 5 Division 4.




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                               Strata Titles Act 1985 amended            Part 2
                        Amendment of long title and Parts I to VIII Division 2
                                                                           s. 68



1    68.   Section 65A amended
2          In section 65A(2):
3            (a) in paragraph (a) delete "shall" and insert:
4

5                    must
6

7            (b)     in paragraph (a) delete "section 62A," and insert:
8

9                    section 70,
10

11           (c)     in paragraph (b) delete "lot; and" and insert:
12

13                   lot.
14

15           (d)     delete paragraph (c).
16         Note: The heading to amended section 65A is to read:
17                 Land tax and metropolitan region improvement tax: survey-strata
18                 schemes

19         Note:
20                 Section 65A (as amended) is renumbered as section 74 and relocated
21                 to Part 5 Division 4.

22   69.   Section 66 amended
23         In section 66:
24           (a) delete "Where in relation to a scheme" and insert:
25

26                   If, in relation to a strata titles scheme,
27

28           (b)     delete "as defined" and insert:
29

30                   within the meaning given
31




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     s. 70



1                 (c)     delete "one" and insert:
2

3                         1
4

5                 (d)     delete "all the proprietors" and insert:
6

7                         the parcel
8

9                 (e)     delete "proprietor" and insert:
10

11                        lot
12

13                (f)     delete "any" and insert:
14

15                        the
16

17                (g)     delete "shall be" and insert:
18

19                        are
20

21              Note:
22                      Section 66 (as amended) is renumbered as section 75 and relocated to
23                      Part 5 Division 4.

24   70.        Section 67 amended
25              In section 67:
26                (a) in paragraph (a) delete "as defined" and insert:
27

28                        within the meaning given
29




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                                                                                 s. 71



1                  (b)     in paragraph (a) and (b) delete "to be taken" and insert:
2

3                          taken
4

5                Note:
6                        Section 67 (as amended) is renumbered as section 76 and relocated to
7                        Part 5 Division 4.

8    71.         Section 122 amended
9          (1)   In section 122(1):
10                 (a) delete "any rights or remedies that a strata company, a
11                       proprietor" and insert:
12

13                         rights or remedies that a strata company, an owner
14

15                 (b)     delete "or an occupier may have in relation to any" and
16                         insert:
17

18                         or, an owner of a leasehold scheme or an occupier may
19                         have in relation to a
20

21         (2)   In section 122(2):
22                 (a) delete "Where a court in which any proceedings to
23                       enforce any" and insert:
24

25                         If a court in which proceedings to enforce
26




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     Division 2      Amendment of long title and Parts I to VIII
     s. 72



1                  (b)     delete "Part VI makes adequate provision for the
2                          enforcement of those rights or remedies, the court shall"
3                          and insert:
4

5                          proceedings under this Act make adequate provision for
6                          the enforcement of those rights or remedies, the court
7                          must
8

9                Note:
10                       Section 122 (as amended) is renumbered as section 211 and relocated
11                       to Part 14.

12   72.         Section 122A amended
13         (1)   In section 122A(1) delete the passage that begins with "or
14               re-subdivided under this Act" and continues until the end of the
15               subsection and insert:
16

17               by a strata titles scheme if that subdivision would result in there
18               being a caravan park on more than 1 lot, a camping ground on
19               more than 1 lot or a caravan park and camping ground on more
20               than 1 lot.
21

22         (2)   In section 122A(2) delete "re-subdivided where that
23               re-subdivision would not result in the land being re-subdivided"
24               and insert:
25

26               subdivided by registration of a strata titles scheme if that
27               subdivision would not result in the land being subdivided
28




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                              Amendment of long title and Parts I to VIII Division 2
                                                                                 s. 73



1          (3)   In section 122A(3) delete "meaning as they have for the
2                purposes of the Caravan Parks and Camping Grounds
3                Act 1995." and insert:
4

5                meanings as they have in the Caravan Parks and Camping
6                Grounds Act 1995 section 5.
7

8                Note:
 9                       Section 122A (as amended) is renumbered as section 212 and
10                       relocated to Part 14.

11   73.         Section 123 amended
12         (1)   In section 123(1) after "land in a" insert:
13

14               strata titles
15

16         (2)   Delete section 123(2) to (4) and insert:
17

18               (2)     Subject to subsection (3), the strata company for a
19                       strata titles scheme is taken to be the owner of the
20                       parcel that is the subject of that scheme.
21               (3)     In a survey-strata scheme, the owner of land in the
22                       scheme that adjoins land outside the scheme is taken to
23                       be --
24                         (a) in the case of a lot, the owner of the lot; and
25                         (b) in the case of common property, the strata
26                               company.
27               (4)     However, if a notice given under repealed
28                       section 123A (as in force immediately before its
29                       repeal) is recorded on the scheme plan, subsection (2)
30                       continues to apply to the scheme and subsection (3)
31                       does not apply to the scheme.


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1                (5)     If scheme by-laws for a survey-strata scheme,
2                        determine who is to be regarded as the owner of land in
3                        the scheme for the purposes of the Dividing Fences
4                        Act 1961, those by-laws have effect despite that Act or
5                        this section.
6

7                Note:
8                        Section 123 (as amended) is renumbered as section 213 and relocated
9                        to Part 14.

10   74.         Section 123B amended
11         (1)   In section 123B(1):
12                 (a) delete "and a single tier strata scheme";
13                 (b) in paragraph (b) delete "a proprietor" and insert:
14

15                         an owner
16

17         (2)   Delete section 123B(2) and insert:
18

19               (2)     However, if a notice given under repealed section 123C
20                       (as in force immediately before its repeal) is recorded
21                       on the scheme plan, liability for fencing between lots in
22                       the scheme is to be determined as if this section had not
23                       been enacted.
24               (3)     This section has effect subject to the scheme by-laws.
25

26               Note:
27                       Section 123B (as amended) is renumbered as section 214 and
28                       relocated to Part 14.




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                                       Strata Titles Act 1985 amended            Part 2
                                Amendment of long title and Parts I to VIII Division 2
                                                                                   s. 75



1    75.         Section 124 amended
2          (1)   In section 124(1) delete "District Court may, in respect of any
3                proceedings on an application for an order under section 28, 29
4                or 31," and insert:
5

6                Tribunal may, in proceedings on an application for an order
7                under section 166, 167 or 168,
8

9          (2)   In section 124(2):
10                 (a) delete "rules of court, the District Court shall not make
11                       an order referred to in subsection (1)(b) in respect of any
12                       person unless the District Court" and insert:
13

14                         the rules of the Tribunal, the Tribunal must not make an
15                         order referred to in subsection (1)(b) in respect of a
16                         person unless the Tribunal
17

18                 (b)     in paragraph (c) delete "upon" and insert:
19

20                         on
21

22                 (c)     in paragraph (c) delete "his" and insert:
23

24                         the person's
25

26               Note: The heading to amended section 124 is to read:
27                       Notice of application for order under section 166, 167 or 168

28               Note:
29                       Section 124 (as amended) is renumbered as section 170 and relocated
30                       to Part 11 Division 3.




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     Part 2          Strata Titles Act 1985 amended
     Division 2      Amendment of long title and Parts I to VIII
     s. 76



1    76.         Section 126 amended
2                In section 126 delete "public authority or local government
3                which is authorised by any Act to enter upon part of a parcel for
4                the purpose of exercising any power conferred on it may enter
5                upon" and insert:
6

7                person who is authorised under a written law to enter on part of
8                a parcel for the purpose of exercising a power conferred on the
9                person may enter on
10

11               Note: The heading to amended 126 is to read:
12                       Powers of entry under written laws

13               Note:
14                       Section 126 (as amended) is renumbered as section 217 and relocated
15                       to Part 14.

16   77.         Section 129B amended
17         (1)   In section 129B(1) delete "power that section 129A gives the
18               Commissioner to any other" and insert:
19

20               Commissioner's functions under section 218 to a
21

22         (2)   In section 129B(2) delete "Commissioner." insert:
23

24               Commissioner of Titles.
25

26         (3)   In section 129B(3):
27                 (a) delete "power or duty" and insert:
28

29                         function
30




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                              Amendment of long title and Parts I to VIII Division 2
                                                                                 s. 78



1                  (b)     delete "power or duty." and insert:
2

3                          function.
4

5          (4)   In section 129B(4) delete "exercising or performing a power or
6                duty that has been delegated to the person under this section is
7                to be" and insert:
8

9                performing a function that has been delegated to the person
10               under this section is
11

12         (5)   In section 129B(5) after "Commissioner" insert:
13

14               of Titles
15

16         (6)   Delete section 129B(6).
17               Note:
18                       Section 129B (as amended) is renumbered as section 219 and
19                       relocated to Part 14.

20   78.         Section 129C amended
21         (1)   In section 129C(1) delete "any power or duty of the Registrar
22               under another provision of " and insert:
23

24               a function of the Registrar under
25

26         (2)   In section 129C(2) delete "Registrar." insert:
27

28               Registrar of Titles.
29




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     Division 2      Amendment of long title and Parts I to VIII
     s. 79



1          (3)   In section 129C(3):
2                  (a) delete "power or duty" and insert:
3

4                          function
5

6                  (b)     delete "power or duty." and insert:
7

8                          function.
9

10         (4)   In section 129C(4) delete "exercising or performing a power or
11               duty that has been delegated to the person under this section is
12               to be" and insert:
13

14               performing a function that has been delegated to the person
15               under this section is
16

17         (5)   In section 129C(5) after "Registrar" insert:
18

19               of Titles
20

21         (6)   Delete section 129C(6).
22               Note:
23                       Section 129C (as amended) is renumbered as section 220 and
24                       relocated to Part 14.

25   79.         Section 130 amended
26         (1)   At the beginning of section 130 insert:
27

28               (1)     The Governor may make regulations prescribing
29                       matters --
30                        (a) required or permitted by this Act to be
31                               prescribed; or

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                       Amendment of long title and Parts I to VIII Division 2
                                                                          s. 79



1                   (b)     necessary or convenient to be prescribed for
2                          giving effect to this Act.
3

4    (2)   In section 130:
5            (a) delete the passage that begins with "The Governor" and
6                  ends with "to --" and insert:
7

8          (2)     Without limiting subsection (1), the regulations may
9                  provide for --
10

11          (b)     in paragraph (b) delete "to be payable in respect of
12                  applications to the State Administrative Tribunal; and"
13                  and insert:
14

15                  for applications to the Tribunal; and
16

17           (c)    in paragraph (c) delete "prescribing forms under this Act
18                  and the respective purposes for which those forms are to
19                  be used and providing that in such cases as may be
20                  prescribed, forms or other documents required by or"
21                  and insert:
22

23                  circumstances in which forms or other documents
24                  required
25

26          (d)     in paragraph (c) delete "shall" and insert:
27

28                  must
29

30           (e)    in paragraph (f) delete "prescribing";




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1                 (f)    delete paragraph (i) and insert:
2

3                        (g)    the review by the Tribunal of a decision made
4                               under the regulations; and
5                        (h)    additional requirements relating to the first
6                               annual general meeting of the strata company.
7

8       (3)     At the end of section 130 insert:
9

10              (3)     The fees fixed by the regulations for an application
11                      lodged with the Registrar of Titles may, without
12                      limitation, include a separate fee for lodgement of a
13                      scheme document or an amendment of a scheme
14                      document and, in such a case, the separate fee is
15                      payable when the document or amendment of the
16                      document is lodged (including in anticipation of the
17                      application).
18              (4)     The regulations may provide that contravention of a
19                      regulation is an offence and may provide for the
20                      offence to be punishable on conviction by a penalty not
21                      exceeding a fine of $3 000.
22              (5)     The regulations may contain provisions of a savings or
23                      transitional nature consequent on the enactment of an
24                      Act (an amending Act) amending this Act.
25              (6)     Any such provision may, if the regulations so provide,
26                      take effect from the date of assent to the amending Act
27                      or a later date.
28              (7)     To the extent to which any such provision takes effect
29                      from a date that is earlier than the date on which it is
30                      made, the provision does not operate so as --
31                        (a) to affect, in a manner prejudicial to any person
32                              (other than the State), the rights of that person
33                              existing before the date of its publication; or

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                                                                                 s. 80



1                          (b)    to impose liabilities on any person (other than
2                                 the State) in respect of anything done or
3                                 omitted to be done before the date of its
4                                 publication.
5

6                Note:
7                        Section 130 (as amended) is renumbered as section 224 and relocated
8                        to Part 14.

9    80.         Section 131A amended
10         (1)   In section 131A(1) delete "section 130" and insert:
11

12               section 224
13

14         (2)   Delete section 131A(2).
15               Note:
16                       Section 131A (as amended) is renumbered as section 225 and
17                       relocated to Part 14.

18   81.         Section 131B amended
19         (1)   In section 131B delete "131A" (each occurrence) and insert:
20

21               225
22

23         (2)   In section 131B(6) delete "130" and insert:
24

25               224
26

27               Note: The heading to amended 131B is to read:
28                       Expiry of section 225

29               Note:
30                       Section 131B (as amended) is renumbered as section 226 and
31                       relocated to Part 14.


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     Division 3      Deletion and insertion of provisions in body of Act
     s. 82



1    Division 3 -- Deletion and insertion of provisions in body of Act
2    82.        Deletion of headings and provisions
3               In the body of the Act delete --
4                 (a) all Part, Division and Subdivision headings except the
5                       heading to Part 1 (as inserted by section 6 of this Act);
6                       and
7                 (b) all provisions except --
8                          (i) the provisions amended by Part 2 Division 2 of
9                               this Act; and
10                        (ii) the provisions relocated without amendment to
11                              Parts 2 to 14 (as inserted by section 83 of this
12                              Act) by Part 2 Division 4 of this Act; and
13                       (iii) the provisions relocated without amendment to
14                              Schedule 2A (as replaced by section 114 of this
15                              Act) by Part 2 Division 6 of this Act.

16   83.        Insertion of sections 4 and 5 and Parts 2 to 14
17              Note for this section:
18                     The gaps in the Parts inserted by this section are filled by the
19                     relocation of provisions by Division 4.

20              After section 3 (as amended by section 7 of this Act) insert:
21


22         4.          Notes and examples not part of Act
23                     A note or example set out at the foot of a provision of
24                     this Act is provided to assist understanding and does
25                     not form part of this Act.

26         5.          Act binds Crown
27                     This Act binds the Crown in right of Western Australia
28                     and, so far as the legislative power of the Parliament
29                     permits, the Crown in all its other capacities.


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                Deletion and insertion of provisions in body of Act   Division 3
                                                                             s. 83



1                     Part 2 -- Strata titles schemes
2    6.           Legislative framework
3         (1)     This Act provides for a form of subdivision of land
4                 referred to as subdivision by a strata titles scheme, and
5                 sets out requirements for that form of subdivision.
6         (2)     Relevant planning approvals must be obtained for the
7                 subdivision of land by a strata titles scheme under this
8                 Act or the Planning and Development Act 2005.
9         (3)     A strata titles scheme is to be incorporated in the
10                Register, and certificates of title for lots in the scheme
11                are to be created for strata titles, under the Transfer of
12                Land Act 1893.
13        (4)     Consequently, this Act must be read together with the
14                Planning and Development Act 2005 and the Transfer
15                of Land Act 1893 to gain a proper understanding of the
16                legislative framework for the subdivision of land by a
17                strata titles scheme.
18        (5)     This Act also contains provisions about the governance
19                and operation of strata titles schemes and about strata
20                managers.

21   7.           Strata titles schemes
22                A strata titles scheme is a scheme for the creation of
23                strata titles on registration of the scheme so as to --
24                  (a) effect a physical division of a parcel of land
25                         into --
26                            (i) 2 or more lots; or
27                           (ii) 2 or more lots and common property;
28                         and
29                  (b) allow for the lots to be owned and sold or
30                         otherwise dealt with separately; and


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1                       (c)    require the common property to be
2                              administered by a strata company that comes
3                              into existence under this Act on registration of
4                              the strata titles scheme; and
5                       (d)    limit how the common property may be dealt
6                              with.

7          8.         Freehold schemes and leasehold schemes
8               (1)   A strata titles scheme may be --
9                      (a) a freehold scheme; or
10                     (b) a leasehold scheme.
11                    Note for this section:
12                            All schemes created under this Act before the
13                            commencement of the Strata Titles Amendment Act 2018
14                            are freehold schemes.

15              (2)   In a freehold scheme --
16                      (a) there is no separate title for the parcel
17                            subdivided by the scheme; and
18                      (b) each lot is a freehold lot; and
19                      (c) the parcel cannot be dealt with (including by
20                            registration of a mortgage) or disposed of under
21                            the Transfer of Land Act 1893.
22              (3)   In a leasehold scheme --
23                      (a) there is a separate title for the parcel subdivided
24                            by the scheme; and
25                      (b) each lot in the scheme is a leasehold lot subject
26                            to a strata lease; and
27                      (c) the scheme expires on a specified day (the
28                            expiry day for the scheme); and
29                      (d) the expiry day must be a day that is --
30                              (i) at least 20 years (or, if some other
31                                     period is specified in the regulations,


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1                       that period) after registration of the
2                       scheme; and
3                (ii)   not more than 99 years after registration
4                       of the scheme;
5               and
6        (e)    the expiry day will be specified in the scheme
7               notice; and
8         (f)   within the parameters set out in
9               paragraph (d)(ii), leasehold by-laws for the
10              scheme may provide for postponement of the
11              expiry day; and
12       (g)    if leasehold by-laws provide for postponement
13              of the expiry day, the expiry day may be
14              postponed if the postponement is within the
15              parameters set out in paragraph (d)(ii) and is
16              supported by a resolution under section 41; and
17       (h)    the expiry day is postponed when an
18              amendment of the scheme notice is registered
19              giving effect to the postponement; and
20        (i)   the registered proprietor of the parcel (the
21              owner of the leasehold scheme) is entitled to
22              the reversion in the land on the expiry or
23              termination of the scheme; and
24        (j)   the existence of the leasehold scheme and its
25              expiry day must be endorsed on the certificate
26              of title for the parcel; and
27       (k)    the owner of the leasehold scheme is the lessor
28              and the owner of a lot in the scheme is the
29              lessee under the strata lease for the lot; and
30        (l)   the owner of the leasehold scheme may be the
31              owner of a lot in the scheme despite any law
32              relating to the merger of leasehold and
33              reversionary estates in land; and



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1                      (m)      the owner of the leasehold scheme cannot
2                               separately deal with or dispose of the reversion
3                               in a lot or the common property of the strata
4                               titles scheme; and
5                       (n)     the reversion in the parcel can be transferred,
6                               disposed of or mortgaged as a whole, and a
7                               memorial or property seizure sale order can be
8                               made in relation to the reversion of the parcel
9                               as a whole under the Transfer of Land
10                              Act 1893, but no other dealings can be
11                              registered under that Act against the reversion
12                              in the parcel.
13                    Note for this subsection:
14                            For the scheme notice, see section 29. For leasehold
15                            by-laws, see section 40.

16         9.         Lots -- strata schemes and survey-strata schemes
17              (1)   The boundaries of lots in a strata titles scheme are
18                    defined on the scheme plan for the strata titles scheme.
19              (2)   A lot can be comprised of non-contiguous parts defined
20                    on the scheme plan for the strata titles scheme.
21                    Example for this subsection:
22                            The non-contiguous parts may be to allow for a separate
23                            car parking space or shed to be part of the lot.

24              (3)   The way in which the boundaries of lots are defined on
25                    the scheme plan for a strata titles scheme determines
26                    whether the scheme is a strata scheme or a
27                    survey-strata scheme.




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1          (4)     The way in which the boundaries of a lot in a strata
2                  scheme are defined on the scheme plan must be as set
3                  out in the definition of lot in a strata scheme in
4                  section 3(1) and in section 3(2) to (4).
5                  Note for this subsection:
6                         Schedule 2A provides for a special rule for how lots may be
7                         defined in a single tier strata scheme.

8          (5)     The way in which the boundaries of a lot in a
9                  survey-strata scheme are defined on the scheme plan
10                 must be as set out in the definition of lot in a
11                 survey-strata scheme in section 3(1).
12         (6)     A change in the definition of the boundaries of a lot
13                 does not, even if the lot is assigned a new identifying
14                 number, of itself affect --
15                   (a) for a leasehold scheme -- the strata lease for
16                        the lot; or
17                  (b) for a leasehold or freehold scheme -- any other
18                        item registered or recorded for the scheme in
19                        the Register.
20         (7)     Damage to, or destruction or removal of a wall, floor,
21                 ceiling or other structural element by reference to
22                 which a lot in a strata scheme is defined does not of
23                 itself affect the definition of the boundaries of the lot
24                 (which remain as defined on the scheme plan).

25   10.           Common property
26         (1)     The common property in a strata titles scheme is --
27                  (a) that part of the parcel of land subdivided by the
28                       strata titles scheme that does not form part of a
29                       lot in the strata titles scheme; and
30                  (b) temporary common property.




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1                (2)   The common property includes, for a strata scheme,
2                      those parts of a scheme building that do not form part
3                      of a lot.
4                (3)   The common property does not include --
5                       (a) any land vested in the Crown under the
6                            Planning and Development Act 2005
7                            section 152; or
8                       (b) any dedicated road under the Planning and
9                            Development Act 2005 section 168.
10               (4)   If a strata plan identifies an encroachment outside the
11                     parcel that is to be controlled and managed as common
12                     property, the encroachment is to be regarded, for this
13                     Act, as if it were common property.

14         11.         Subdivision of land by strata titles scheme
15               (1)   Land is subdivided by a strata titles scheme --
16                      (a) by registration of the scheme; or
17                      (b) by registration of an amendment of the scheme.
18               (2)   Registration of an amendment of a strata titles scheme
19                     gives effect to a subdivision if it --
20                       (a) effects a change to the definition of a lot in the
21                             scheme; or
22                       (b) effects a change to the boundary of the parcel
23                             of land subdivided by the scheme.
24                     Note for this section:
25                     1.     There are 4 types of amendment of a strata titles scheme
26                            that give effect to a subdivision, with varying requirements
27                            for resolutions and consents:
28                            •    A type 1 subdivision covers adding land from outside the
29                                parcel to the common property (other than as temporary
30                                common property) and what was formerly referred to as
31                                conversion of lots into common property.
32                            •    A type 2 subdivision covers the removal of common
33                                property from the parcel of a strata titles scheme.



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1                        •    A type 3 subdivision covers what was formerly referred
2                            to as consolidation of lots.
3                        •    A type 4 subdivision covers what was formerly referred
4                            to as re-subdivision.
5                  2.     Re-subdivision of a lot or common property was defined in
6                         section 3(5) of the Act as in force immediately before the
7                         Strata Titles Amendment Act 2018 to include the alteration
8                         of the boundaries of --
 9                       •    1 or more lots so as to create only 2 or more different
10                           lots; or
11                       •    1 or more lots so as to create 1 or more different lots and
12                           common property; or
13                       •    1 or more lots and common property so as to create 1 or
14                           more different lots or 1 or more different lots and
15                           common property; or
16                       •    common property so as to create 1 or more lots or 1 or
17                           more lots and common property.
18                 3.     Schedule 2A provides special provisions relating to
19                        subdivision in a single tier strata scheme.

20   12.           Registration of strata titles scheme
21         (1)     A strata titles scheme is registered when the following
22                 documents (the scheme documents) are registered and
23                 incorporated in the Register --
24                   (a) for a freehold scheme --
25                            (i) a scheme notice;
26                           (ii) a scheme plan;
27                          (iii) a schedule of unit entitlements;
28                          (iv) scheme by-laws;
29                   (b) for a leasehold scheme --
30                            (i) a scheme notice (which must specify the
31                                  expiry day for the scheme);
32                           (ii) a scheme plan;
33                          (iii) a schedule of unit entitlements;




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1                                (iv)    scheme by-laws;
2                                 (v)    a strata lease for each lot.
3                      Note for this subsection:
4                             If the scheme by-laws comprise the by-laws set out in
5                             Schedules 1 and 2 without amendment, the scheme
6                             by-laws will be taken to be registered without the need for
7                             submission of the by-laws to the Registrar of Titles.

8                (2)   A registered strata titles scheme is amended when
9                      amendments of the relevant scheme documents, or
10                     replacements of the relevant scheme documents, are
11                     registered or recorded and incorporated in the Register.
12                     Note for this subsection:
13                            The amendment may be necessary to give effect to a
14                            subdivision of land as referred to in section 11(2) or it may
15                            be unrelated to a subdivision of land, comprising, for
16                            example --
17                           •    the amendment of the scheme notice so as to amend
18                               the name or address for service of the strata company;
19                               or
20                           •    the amendment or replacement of the scheme plan for
21                               the strata titles scheme for a purpose related to an
22                               easement or restrictive covenant or a restricted use
23                               condition; or
24                           •    the amendment or replacement of the schedule of unit
25                               entitlements for the strata titles scheme because of a
26                               new valuation of lots; or
27                           •    the amendment or replacement of scheme by-laws.

28               (3)   If a registered leasehold scheme is amended to give
29                     effect to a subdivision involving the creation of new
30                     lots, a strata lease must be registered as a scheme
31                     document for each new lot.

32         13.         Strata titles
33               (1)   The title to the land comprised in a lot is referred to as
34                     a strata title.




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1    (2)     A certificate of title must be created and registered for
2            each strata title under the Transfer of Land Act 1893.
3            Note for this subsection:
4                   A separate certificate of title is not created for common
5                   property.

6    (3)     For a leasehold scheme, the existence of the scheme
7            and its expiry day must be endorsed on the certificate
8            of title for each strata title for a lot in the scheme.
9    (4)     On registration of a strata titles scheme or an
10           amendment of a strata titles scheme to give effect to a
11           subdivision of land, strata titles come into existence,
12           cease to exist or are varied as necessary to ensure
13           that --
14             (a) there is 1 strata title registered for each lot in
15                   the scheme or the scheme as amended; and
16             (b) the strata title for a lot confers the rights on the
17                   owner of the lot as set out in this section.
18   (5)     When a new lot is created and a strata title comes into
19           existence, it vests as follows --
20             (a) in the case of a parcel of land that is being
21                   subdivided, in the person who is, immediately
22                   before the new lot is created, the registered
23                   proprietor of the land under the Transfer of
24                   Land Act 1893;
25             (b) in the case of a lot that is being subdivided, in
26                   the person who is, immediately before the new
27                   lot is created, the owner of that lot;
28             (c) in the case of common property that is being
29                   subdivided, in the persons who are,
30                   immediately before the new lot is created, the
31                   owners of lots in the strata titles scheme as
32                   tenants in common in shares proportional to the
33                   unit entitlements of their respective lots.


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1               (6)   If a lot that is created vests in 2 or more persons, they
2                     hold their share in the lot as tenants in common or as
3                     joint tenants in the same manner as they owned the
4                     land or lot and, if they owned it as tenants in common,
5                     in the same proportions as they owned the land or lot.
6               (7)   A strata title for a lot in a freehold scheme confers on
7                     the owner of the lot --
8                       (a) rights as the proprietor of a fee simple estate in
9                             the lot under the Transfer of Land Act 1893;
10                            and
11                      (b) an undivided share of the fee simple estate in
12                            the common property (other than temporary
13                            common property) as a tenant in common with
14                            the other owners of lots in the scheme,
15                            proportional to the unit entitlements of their
16                            respective lots; and
17                      (c) an undivided share of the temporary common
18                            property as a tenant in common with the other
19                            owners of lots in the scheme, proportional to
20                            the unit entitlements of their respective lots.
21              (8)   A strata title for a lot in a leasehold scheme confers on
22                    the owner of the lot, subject to Part 4 Division 5 --
23                      (a) rights as the proprietor of a strata leasehold
24                            estate in the lot under the Transfer of Land
25                            Act 1893; and
26                      (b) an undivided share of the strata leasehold estate
27                            in the common property as a tenant in common
28                            with the other owners of lots in the scheme,
29                            proportional to the unit entitlements of their
30                            respective lots; and
31                      (c) an undivided share of the temporary common
32                            property as a tenant in common with the other
33                            owners of lots in the scheme, proportional to
34                            the unit entitlements of their respective lots.


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1          (9)     The owner of a lot cannot separately deal with or
2                  dispose of the owner's share in the common property
3                  of the strata titles scheme.
4     (10)         A dealing under the Transfer of Land Act 1893
5                  affecting the owner's interest in a lot affects, without
6                  express reference, the owner's interest in the common
7                  property in the same manner and to the same extent.
8     (11)         A strata title is subject to interests registered or
9                  recorded under the Transfer of Land Act 1893 to the
10                 extent that they affect the lot or common property to
11                 which the strata title relates.
12    (12)         The owner of a lot in a leasehold scheme cannot deal
13                 with the strata lease separately from the strata title.

14   14.           Strata company
15         (1)     On registration of a strata titles scheme, a strata
16                 company is established for the strata titles scheme.
17         (2)     The name of the strata company is "The Owners of [the
18                 name of the scheme] (survey-strata scheme/strata
19                 scheme [according to the type of strata titles scheme]
20                 [the reference number allocated to the scheme by the
21                 Registrar of Titles])".
22         (3)     The name of the strata titles scheme is the name stated
23                 in the scheme notice.
24         (4)     The address for service of the strata company is the
25                 address for service stated in the scheme notice.
26         (5)     A strata company --
27                  (a) is a body corporate; and
28                  (b) has perpetual succession; and
29                  (c) is capable of suing and being sued in its own
30                         name; and


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1                       (d)    has, subject to this Act, all the powers of a
2                              natural person that are capable of being
3                              exercised by a body corporate.
4                (6)   The governing body of a strata company is the council
5                      of the strata company.
6                (7)   A strata company may have a common seal, but it does
7                      not have to do so.
8                (8)   A strata company is comprised of the owners for the
9                      time being of the lots in the strata titles scheme (who
10                     are the members of the strata company).

11                     Part 3 -- Planning and development
12                         Division 1 -- Planning approvals
13                            Subdivision 1 -- Strata schemes

14         15.         Subdivision approval of strata scheme
15               (1)   An application may be made under this section to the
16                     Planning Commission for approval of a strata plan or
17                     an amendment of a strata plan to give effect to a
18                     subdivision of land by a strata scheme.
19               (2)   The Planning Commission's approval of a strata plan
20                     or an amendment of a strata plan under this section
21                     may be subject to conditions in the same way as if the
22                     approval were an approval of a plan of subdivision
23                     given under the Planning and Development Act 2005.
24               (3)   The Planning and Development Act 2005 applies to the
25                     conditions as if the approval were an approval of a plan
26                     of subdivision given under that Act.
27               (4)   Before a strata plan or an amendment of a strata plan
28                     can be registered under this Act, the Planning
29                     Commission must issue a certificate endorsing the


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1                  strata plan or amendment with its unconditional
2                  approval of the subdivision.
3          (5)     An application under this section must --
4                   (a) be in the approved form; and
5                   (b) be accompanied by the fee fixed by the
6                         regulations.
7          (6)     The regulations may provide for exemptions from the
8                  requirement for a strata plan or amendment of a strata
9                  plan to be approved by the Planning Commission for
10                 registration of a subdivision of land by a strata scheme.

11   16.           Application of Planning and Development Act
12         (1)     The Planning and Development Act 2005 sections 135,
13                 146 and 147 do not apply to a subdivision of land by a
14                 strata scheme.
15         (2)     If a strata plan, or an amendment of a strata plan, contains
16                 any vacant lot, the Planning Commission must comply
17                 with the Planning and Development Act 2005
18                 sections 142, 143 and 144, and section 151 of that Act
19                 applies, as if the plan were a plan of subdivision which
20                 required the approval of the Planning Commission under
21                 that Act.

22                    Subdivision 2 -- Survey-strata schemes

23   17.           Subdivision approval of survey-strata scheme
24         (1)     The Planning and Development Act 2005 Divisions 1,
25                 2 (other than section 141) and 3 of Part 10 and
26                 section 166 apply to the subdivision of land by a
27                 survey-strata scheme.
28         (2)     For subdivision of land by a survey-strata scheme, the
29                 diagram or plan of survey of the subdivision under
30                 section 145 of that Act must be the scheme plan or an
31                 amendment of the scheme plan.

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1                (3)   The unconditional approval of the Planning
2                      Commission of the scheme plan or amendment of the
3                      scheme plan is required to enable the plan or
4                      amendment to be registered under this Act.

5                          Subdivision 3 -- General provisions

6          18.         Planning (scheme by-laws) condition
7                      The conditions of a planning approval applying to a
8                      strata titles scheme may include a planning (scheme
9                      by-laws) condition.

10         19.         Planning approval of scheme plan or amendment of
11                     scheme plan
12               (1)   An application for the required unconditional approval
13                     of the Planning Commission of a scheme plan or an
14                     amendment of a scheme plan to give effect to a
15                     subdivision of land by a strata titles scheme must be in
16                     an approved form and accompanied by --
17                       (a) the scheme notice or any amendment of the
18                             scheme notice proposed to be submitted for
19                             registration with the scheme plan or
20                             amendment of the scheme plan; and
21                       (b) any existing scheme by-laws made under a
22                             planning (scheme by-laws) condition; and
23                       (c) for a leasehold scheme, any existing or
24                             proposed leasehold by-laws providing for
25                             postponement of the expiry day for the scheme;
26                             and
27                       (d) for a strata scheme, an occupancy permit or
28                             building approval certificate granted under the
29                             Building Act 2011 Part 4 Division 3 for each
30                             scheme building shown on the scheme plan or
31                             amendment of the scheme plan (as the case
32                             requires).


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1    (2)     An application for the required unconditional approval
2            of the Planning Commission of a scheme plan or an
3            amendment of a scheme plan to give effect to a
4            subdivision of land by a strata titles scheme may be
5            refused unless the Planning Commission is satisfied
6            that --
7              (a) the scheme plan or amendment of the scheme
8                    plan is an accurate depiction of the subdivision
9                    that has been prepared after completion of the
10                   works necessary for the subdivision and, for a
11                   strata scheme, the construction or modification
12                   of the scheme buildings necessary for the
13                   subdivision; and
14             (b) the subdivision and development has been
15                   undertaken consistently with --
16                      (i) the approval of the Planning
17                           Commission under this Act or the
18                           Planning and Development Act 2005
19                           (including the conditions of approval);
20                           and
21                     (ii) any relevant approval of development
22                           under the Planning and Development
23                           Act 2005 (including the conditions of
24                           approval);
25                   and
26             (c) the requirements of the Building Act 2011 have
27                   been complied with for the development; and
28             (d) any restricted use condition proposed to be
29                   imposed by the scheme plan or amendment of
30                   the scheme plan is suitable for the scheme; and
31             (e) scheme by-laws have been or are proposed to
32                   be made in accordance with any planning
33                   (scheme by-laws) condition.



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1          20.         Approval for postponement of expiry day for
2                      leasehold scheme
3                (1)   For a leasehold scheme, the approval of the Planning
4                      Commission is required for the making, amendment or
5                      repeal of leasehold by-laws providing for
6                      postponement of the expiry day for the scheme
7                      (including for leasehold by-laws registered when the
8                      strata titles scheme is registered and not made by the
9                      strata company).
10               (2)   The approval may be applied for and given in conjunction
11                     with an approval of a plan of subdivision.
12               (3)   If a separate application is made, an application for
13                     approval under this section must --
14                        (a) be in the approved form; and
15                        (b) be accompanied by the fee fixed by the
16                              regulations.
17                     Note for this section:
18                            See section 8(3) and sections 40 and 41.

19         21.         Approval for modification of restricted use
20                     condition
21               (1)   The approval of the Planning Commission is required for
22                     the amendment of a scheme plan so as to impose, vary or
23                     revoke a restricted use condition.
24               (2)   The approval may be applied for and given in conjunction
25                     with an approval of a plan of subdivision.
26               (3)   If a separate application is made, an application for
27                     approval under this section must --
28                        (a) be in the approved form; and
29                        (b) be accompanied by the fee fixed by the
30                              regulations.



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1    22.           Approval under planning (scheme by-laws)
2                  condition
3          (1)     If, in accordance with scheme by-laws required under a
4                  planning (scheme by-laws) condition, the amendment
5                  or repeal of scheme by-laws requires the approval of
6                  the Planning Commission or a local government, an
7                  application for that approval can be made under this
8                  section.
9          (2)     The approval may be applied for and given in conjunction
10                 with an application for a planning approval or by separate
11                 application.
12         (3)     If a separate application is made, an application for
13                 approval under this section must --
14                    (a) be in the approved form; and
15                    (b) be accompanied by the fee fixed by the
16                          regulations.

17   23.           Requirement for local government approval
18         (1)     In addition to approval of the Planning Commission, a
19                 subdivision must be approved by each local
20                 government in whose district the parcel is situated if
21                 the subdivision involves --
22                   (a) 2 or more lots being consolidated into 1 lot; or
23                   (b) 1 or more lots being converted into common
24                         property; or
25                   (c) the removal, from the parcel, of land comprised
26                         of common property.
27         (2)     If the subdivision is approved, it is subject to any
28                 planning (scheme by-laws) condition attached to the
29                 local government approval.




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1                      Division 2 -- Preliminary determinations

2                           Division 3 -- Common property
3          25.         Long term lease of temporary common property
4                      A strata company may not accept a lease of land for the
5                      purpose of creating temporary common property for a
6                      term or terms exceeding the period specified in the
7                      regulations in aggregate (including any option to
8                      extend or renew the term of the lease) unless that
9                      acceptance has been approved in writing by the local
10                     government of the district in which the parcel is
11                     situated.

12         26.         Long term lease or licence over common property
13                     A lease or licence, or lease and licence, to use or
14                     occupy the common property or part of the common
15                     property, in a strata titles scheme for a term or terms
16                     exceeding the period specified in the regulations in
17                     aggregate (including any option to extend or renew the
18                     term of a lease or licence) is not effective unless it has
19                     been approved in writing by the local government of
20                     the district in which the parcel is situated.

21                         Division 4 -- Review of decisions
22         27.         Review of Planning Commission decision
23               (1)   The Planning Commission must give written notice of its
24                     decision on an application made to it under this Part to the
25                     applicant.
26               (2)   A person who has made an application under this Part
27                     may apply to the Tribunal for a review of a decision of
28                     the Planning Commission --
29                       (a) to refuse to approve an application under
30                             section 15; or


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1              (b)    to impose a condition of an approval under
2                     section 15; or
3               (c)   to refuse to vary or revoke a condition of an
4                     approval under section 15; or
5              (d)    to refuse to approve an application for approval
6                     of the making, amendment or repeal of leasehold
7                     by-laws under section 20; or
8               (e)   to refuse to approve an amendment of a scheme
9                     plan under section 21;
10              (f)   to refuse to approve an amendment or repeal of
11                    scheme by-laws under section 22.
12   (3)     The Tribunal has jurisdiction to carry out the review in
13           accordance with the Planning and Development
14           Act 2005 Part 14.
15   (4)     Part 13 does not apply to a proceeding under this
16           section (which is a proceeding within the Tribunal's
17           review jurisdiction).
18   (5)     If at the end of the prescribed period after an
19           application is made under this Part (or any longer
20           period agreed with an applicant), the Planning
21           Commission has not made a decision, the applicant
22           may give written notice of default to the Planning
23           Commission.
24   (6)     If a notice of default is given to the Planning
25           Commission, the applicant may apply to the Tribunal
26           for a review, in accordance with the Planning and
27           Development Act 2005 Part 14, as if the Planning
28           Commission had refused to approve the application on
29           the day on which the notice of default was given to the
30           Planning Commission.
31   (7)     In this section --
32           prescribed period means 40 days or, if some other
33           period is specified in the regulations, that period.

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1                          Part 4 -- Scheme documents
2                             Division 1 -- Scheme notice
3          29.         Scheme notice
4                (1)   A scheme notice for a strata titles scheme must --
5                       (a) specify the name of the scheme; and
6                       (b) specify the address for service of the strata
7                            company; and
8                       (c) if it is a leasehold scheme --
9                              (i) identify the scheme as a leasehold
10                                    scheme; and
11                            (ii) specify the expiry day for the scheme.
12               (2)   A scheme notice, or an amendment of a scheme notice,
13                     for a strata titles scheme must be in the approved form.

14         30.         Scheme name and address for service of strata
15                     company
16               (1)   A scheme notice, or an amendment of a scheme notice
17                     to alter the name of the scheme, must not be registered
18                     if the Registrar of Titles is satisfied that the name of the
19                     scheme is undesirable.
20               (2)   An amendment of a scheme notice to alter the name of
21                     the scheme must not be registered unless the
22                     amendment is authorised by special resolution of the
23                     strata company.
24               (3)   An amendment of a scheme notice to alter the address
25                     for service of the strata company must not be registered
26                     unless the amendment is authorised by ordinary
27                     resolution of the strata company.




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1    31.           Postponement of expiry day for leasehold scheme
2                  An amendment of a scheme notice to postpone the
3                  expiry day for a leasehold scheme must not be
4                  registered unless the postponement is in accordance
5                  with leasehold by-laws and is authorised by resolution
6                  of the strata company under section 41.

7                           Division 2 -- Scheme plans
8    32.           Scheme plan
9          (1)     A scheme plan for a strata titles scheme must --
10                  (a) specify the address of the land subdivided by the
11                       scheme; and
12                  (b) identify the title to the land subdivided by the
13                       scheme; and
14                  (c) specify whether the scheme is a strata scheme or
15                       a survey-strata scheme; and
16                  (d) if it is a strata scheme -- consist of a floor plan
17                       and a location plan; and
18                  (e) if it is a survey-strata scheme -- consist of a
19                       survey plan of the land subdivided by the scheme
20                       prepared in accordance with the regulations; and
21                   (f) enable each lot in the scheme to be separately
22                       identified and located; and
23                  (g) define the boundaries of each lot in the manner
24                       required under section 9 depending on whether
25                       the scheme is a strata scheme or survey-strata
26                       scheme; and
27                  (h) if land is or is to be vested in the Crown under
28                       the Planning and Development Act 2005
29                       section 152, delineate that land; and
30                   (i) delineate areas that are roads, or are to be new
31                       roads, for the Planning and Development
32                       Act 2005 section 168; and

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1                       (j)   if it is a strata scheme, identify the nature and
2                             extent of any part of a wall or building or
3                             material attached to a wall or building that
4                             encroaches on land outside the parcel and --
5                                (i) if an encroachment is to be controlled
6                                       and managed as if it were common
7                                       property, specify that fact; and
8                               (ii) if an encroachment is to be subject to an
9                                       easement, specify that easement.
10              (2)   A scheme plan, or an amendment of a scheme plan, for
11                    a strata titles scheme may also --
12                      (a) restrict the purposes for which the whole or a
13                             part of the parcel may be used (a restricted use
14                             condition); and
15                      (b) in the case of an amendment --
16                                (i) describe, by reference to a lease
17                                      accepted by the strata company under
18                                      section 92, land that is temporary
19                                      common property in the scheme; and
20                               (ii) delete land from the description of
21                                      temporary common property by
22                                      referring to the surrender by the strata
23                                      company of the lease of the land under
24                                      section 92;
25                             and
26                      (c) delineate or record easements (other than
27                             statutory easements) and restrictive covenants
28                             over the land subdivided by the scheme,
29                             including --
30                                (i) short form easements or restrictive
31                                      covenants; and
32                               (ii) easements created under the Planning
33                                      and Development Act 2005 section 167;
34                                      and

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1                           (iii)   easements and restrictive covenants
2                                   created under the Transfer of Land
3                                   Act 1893 Part IVA;
4                           and
5                    (d)    for a survey-strata scheme, delineate different
6                           areas of common property and allocate a
7                           reference number (being a unique series of
8                           numbers or letters or both numbers and letters)
9                           to those areas.
10         (3)     A scheme plan, or an amendment of a scheme plan, for
11                 a strata titles scheme --
12                   (a) may consist of multiple plans, drawings and
13                          documents containing descriptions or other
14                          matters; and
15                   (b) must be in the approved form; and
16                   (c) must be prepared and certified by a licensed
17                          surveyor (except for an amendment that relates
18                          only to a restricted use condition or temporary
19                          common property and does not involve any
20                          aspect of survey).
21         (4)     A licensed surveyor must comply with the regulations
22                 and Transfer of Land Act requirements in preparing
23                 and certifying a scheme plan, or an amendment of a
24                 scheme plan, for a strata titles scheme.

25   33.           Short form easements or restrictive covenants
26         (1)     A scheme plan for a strata titles scheme may contain an
27                 easement or restrictive covenant of a class specified in
28                 the regulations (a short form easement or restrictive
29                 covenant) that benefits or burdens land in the parcel as
30                 follows --
31                   (a) the type of easement or restrictive covenant
32                         must be identified using the description
33                         specified in the regulations;

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1                      (b)   for an easement, its location must be delineated
2                            in the manner specified in the regulations;
3                      (c)   the lots and common property benefited and
4                            burdened by the easement or restrictive
5                            covenant must be identified in the manner
6                            specified in the regulations;
7                      (d)   any other requirements specified in the
8                            regulations must be complied with.
9               (2)   The nature of a short form easement or restrictive
10                    covenant and the rights and liabilities under the
11                    easement or restrictive covenant are as specified in the
12                    regulations.
13              (3)   The liabilities specified in the regulations may include
14                    positive obligations.
15              (4)   A short form easement or restrictive covenant runs
16                    with the land and is binding on the owners, from time
17                    to time, of lots in the strata titles scheme.
18              (5)   A short form easement or restrictive covenant comes
19                    into force when the scheme plan, or an amendment of
20                    the scheme plan, for the strata titles scheme containing
21                    the easement or the restrictive covenant is registered.
22              (6)   A short form easement or restrictive covenant is
23                    discharged by --
24                      (a) registration of an amendment of the scheme
25                           plan to give effect to the discharge; or
26                      (b) termination of the strata titles scheme.
27              (7)   A short form easement or restrictive covenant has
28                    effect even if the lot benefited and the lot burdened
29                    have the same owner.
30              (8)   The Property Law Act 1969 section 121 does not apply
31                    to a short form easement or restrictive covenant.


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1          (9)     This section does not derogate from any other method
2                  by which an easement or restrictive covenant may be
3                  created over a parcel.

4    34.           Requirements for registration of scheme plan
5                  A scheme plan for a strata titles scheme must not be
6                  registered unless --
7                    (a) the owner of the parcel is the applicant for
8                          registration or has given written consent to the
9                          subdivision of the parcel by the strata titles
10                         scheme; and
11                   (b) the holder of each designated interest over the
12                         whole or a part of the parcel to be subdivided
13                         by registration of the scheme --
14                           (i) has been given notice in the approved
15                                 form of the subdivision and the schedule
16                                 of unit entitlements; and
17                          (ii) has given written consent to the
18                                 subdivision;
19                         and
20                   (c) the scheme plan is approved by the Planning
21                         Commission (subject to any exemption in
22                         regulations under section 15(6)); and
23                   (d) for a strata scheme --
24                           (i) the scheme plan is accompanied by an
25                                 occupancy permit or building approval
26                                 certificate under the Building Act 2011
27                                 Part 4 Division 3 for each scheme
28                                 building; and
29                          (ii) if the scheme plan identifies an
30                                 encroachment that is not on to a public
31                                 road, street or way and is to be managed
32                                 and controlled as if it were common
33                                 property, an appropriate easement has


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1                                    been granted and lodged with the
2                                    Registrar of Titles.

3          35.         Requirements for registration of amendment of
4                      scheme plan
5                (1)   An amendment of a scheme plan for a strata titles
6                      scheme must not be registered unless --
7                        (a) for a leasehold scheme, the owner of the
8                            leasehold scheme is the applicant for
9                            registration or has given written consent to the
10                           amendment; and
11                       (b) to the extent that the amendment gives effect to
12                           a type 1 subdivision --
13                              (i) the subdivision is authorised by
14                                   resolution without dissent of the strata
15                                   company; and
16                             (ii) each owner of a lot affected by the
17                                   amendment who is not an applicant for
18                                   registration of the amendment --
19                                       (I) has been given notice in the
20                                             approved form of the
21                                             subdivision and any associated
22                                             amendment of the schedule of
23                                             unit entitlements; and
24                                      (II) has given written consent to the
25                                             amendment;
26                                   and
27                            (iii) if the owner of a lot affected by the
28                                   amendment holds a life estate in the
29                                   land, the person who holds the
30                                   remainder or reversionary interest in the
31                                   land --
32                                       (I) has been given notice in the
33                                             approved form of the


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1                                subdivision and any associated
2                                amendment of the schedule of
3                                unit entitlements; and
4                         (II)   has given written consent to the
5                                amendment;
6                      and
7               (iv)   each designated interest in land that is to
8                      become common property has been
9                      discharged, surrendered, withdrawn or
10                     otherwise extinguished;
11              and
12       (c)    to the extent that the amendment gives effect to
13              a type 2 subdivision --
14                 (i) the subdivision is authorised by
15                      resolution without dissent of the strata
16                      company; and
17                (ii) the holder of each designated interest
18                      over the whole or a part of the parcel
19                      has been given notice in the approved
20                      form of the subdivision and any
21                      associated amendment of the schedule
22                      of unit entitlements and --
23                          (I) has given written consent to the
24                               subdivision; or
25                         (II) has not, at the end of 60 days
26                               after being given notice, made
27                               a written objection to the
28                               subdivision setting out the
29                               reasons for the objection;
30              and




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1                      (d)   to the extent that the amendment gives effect to
2                            a type 3 subdivision --
3                               (i) each owner of a lot affected by the
4                                    amendment who is not an applicant for
5                                    registration of the amendment --
6                                        (I) has been given notice in the
7                                              approved form of the
8                                              subdivision and any associated
9                                              amendment of the schedule of
10                                             unit entitlements; and
11                                      (II) has given written consent to the
12                                             amendment;
13                                   and
14                             (ii) if the owner of a lot affected by the
15                                   amendment holds a life estate in the
16                                   land, the person who holds the
17                                   remainder or reversionary interest in the
18                                   land --
19                                       (I) has been given notice in the
20                                             approved form of the
21                                             subdivision and any associated
22                                             amendment of the schedule of
23                                             unit entitlements; and
24                                      (II) has given written consent to the
25                                             amendment;
26                                   and
27                            (iii) the holder of each designated interest
28                                   over the whole or a part of a lot affected
29                                   by the amendment has been given notice
30                                   in the approved form of the subdivision
31                                   and any associated amendment of the
32                                   schedule of unit entitlements and --
33                                       (I) has given written consent to the
34                                             amendment; or


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1                         (II)   has not, at the end of 60 days
2                                after being given notice, made
3                                a written objection to the
4                                amendment setting out the
5                                reasons for the objection;
6               and
7        (e)    to the extent that the amendment gives effect to
8               a type 4 subdivision --
9                  (i) the amendment is authorised by
10                      unanimous resolution of the strata
11                      company; and
12                (ii) the holder of each designated interest
13                      over the whole or a part of the parcel
14                      has been given notice in the approved
15                      form of the subdivision and any
16                      associated amendment of the schedule
17                      of unit entitlements and --
18                          (I) has given written consent to the
19                               subdivision; or
20                         (II) has not, at the end of 60 days
21                               after being given notice, made
22                               a written objection to the
23                               subdivision setting out the
24                               reasons for the objection;
25              and
26        (f)   to the extent that the amendment gives effect to
27              any type of subdivision -- the amendment is
28              approved by the Planning Commission (subject
29              to any exemption in regulations under
30              section 15(6)); and




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1                      (g)   to the extent that the amendment imposes,
2                            varies or revokes a restricted use condition, the
3                            imposition, variation or revocation --
4                               (i) has been approved by the Planning
5                                    Commission under section 21; and
6                              (ii) is authorised by resolution without
7                                    dissent of the strata company;
8                            and
9                      (h)   to the extent that the amendment describes land
10                           as temporary common property in the scheme
11                           or deletes land from such a description -- the
12                           acceptance or surrender of the lease of the
13                           temporary common property under section 92
14                           is authorised by resolution without dissent of
15                           the strata company; and
16                     (i)   to the extent that the amendment creates or
17                           discharges an easement or restrictive
18                           covenant --
19                              (i) for a short form easement or restrictive
20                                   covenant -- the amendment of the
21                                   scheme plan is approved by the
22                                   Planning Commission;
23                             (ii) in the case of an amendment affecting
24                                   the common property -- the amendment
25                                   is authorised by resolution without
26                                   dissent of the strata company; and
27                            (iii) in the case of an amendment affecting a
28                                   lot -- the owner of the lot has given
29                                   written consent to the amendment; and
30                            (iv) in any case -- the holder of each
31                                   designated interest over the common
32                                   property or a lot affected by the
33                                   amendment has been given notice in the



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1                             approved form of the amendment
2                             and --
3                                (I) has given written consent to the
4                                     subdivision; or
5                               (II) has not, at the end of 60 days
6                                     after being given notice, made
7                                     a written objection to the
8                                     creation or discharge setting
9                                     out the reasons for the
10                                    objection;
11                    and
12              (j)   for a strata scheme --
13                      (i) the amendment of the scheme plan is
14                             accompanied by an occupancy permit or
15                             building approval certificate under the
16                             Building Act 2011 Part 4 Division 3 for
17                             each scheme building constructed or
18                             modified in the course of a subdivision
19                             to be given effect by registration of the
20                             amendment of the scheme; and
21                     (ii) if the amendment of the scheme plan
22                             identifies an encroachment that is not on
23                             to a public road, street or way and is to
24                             be managed or controlled as if it were
25                             common property, an appropriate
26                             easement has been granted and will be
27                             lodged with the Registrar of Titles.
28   (2)     The Tribunal may, on the application of an applicant
29           for registration of an amendment of a strata titles
30           scheme, order that an objection to the amendment of a
31           person with a designated interest be disregarded on the
32           grounds that the objection is unreasonable.




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1                (3)   In considering whether an objection is unreasonable,
2                      the Tribunal may consider --
3                        (a) the merits of the proposed amendment of the
4                              strata titles scheme; and
5                        (b) the grounds for the objection; and
6                        (c) any other factor the Tribunal considers relevant.
7                (4)   If the Tribunal makes such an order, the applicant must
8                      lodge a copy of the order certified by the Tribunal with
9                      the Registrar of Titles.
10               (5)   The notice of a resolution for an amendment of a
11                     scheme plan must include details of the proposed
12                     amendment, and any associated amendment of the
13                     schedule of unit entitlements, in the approved form.
14                     Note for this section:
15                            For when an amendment of a scheme plan affects the
16                            common property or a lot, see section 3(7).

17         36.         Exemption for staged subdivision
18                     If the amendment of a scheme plan is required as a
19                     consequence of completion of a stage of subdivision to
20                     which staged subdivision by-laws apply and the
21                     subdivision has been undertaken with sufficient
22                     compliance with the by-laws as determined in
23                     accordance with the regulations --
24                       (a) section 35(1)(a) to (e) do not apply; and
25                       (b) to the extent that the by-laws contemplate the
26                             creation or discharge of a particular easement
27                             or restrictive covenant on the completion of the
28                             stage of subdivision, section 35(1)(i) does not
29                             apply to that easement or restrictive covenant.
30                     Note for this section:
31                            Because staged subdivision by-laws cannot apply to
32                            subdivision comprised of the removal, from the parcel, of
33                            land comprised of common property or the addition, to the


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1                         parcel, of land from outside the parcel, the question of an
2                         exemption can arise in the context of a type 1 subdivision
3                         comprised of the conversion of a lot to common property or
4                         a type 3 or type 4 subdivision. The question cannot arise in
5                         the context of a type 2 subdivision.

6                 Division 3 -- Schedule of unit entitlements
7    37.           Schedule of unit entitlements
8          (1)     The schedule of unit entitlements for a strata titles
9                  scheme must --
10                   (a) allocate a whole number (a unit entitlement) to
11                        each lot in the strata titles scheme; and
12                   (b) state the number that is the sum of the unit
13                        entitlements of all the lots in the strata titles
14                        scheme.
15                 Note for this subsection:
16                        The unit entitlement of a lot determines --
17                       •    the interest of the owner of the lot in the common
18                           property in the strata titles scheme: see section 13; and
19                       •    subject to the scheme by-laws, the contributions payable
20                           by the owner of a lot in the scheme: see section 100;
21                           and
22                       •    the voting rights that attach to the lot: see section 120.

23         (2)     When allocated, the proportion that a unit entitlement
24                 of a lot bears to the sum of the unit entitlements of all
25                 the lots in the strata titles scheme must not be greater
26                 than 5% more, or 5% less, than the proportion that the
27                 value of the lot bears to the sum of the value of all the
28                 lots in the strata titles scheme.
29         (3)     The value of a lot is --
30                  (a) in a strata scheme -- the capital value; and
31                  (b) in a survey-strata scheme -- the site value.




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1                (4)   Without limitation, the regulations may prescribe
2                      matters relating to the determination of the value of a
3                      lot.
4                (5)   A schedule of unit entitlements, or an amendment of a
5                      schedule of unit entitlements, for a strata titles scheme
6                      must --
7                        (a) be in the approved form; and
8                        (b) be prepared and certified by a licensed valuer.
9                (6)   A licensed valuer must comply with the regulations
10                     and Transfer of Land Act requirements in preparing
11                     and certifying a schedule of unit entitlements, or an
12                     amendment of a schedule of unit entitlements, for a
13                     strata titles scheme.
14               (7)   A schedule of unit entitlements, or an amendment of a
15                     schedule of unit entitlements, must not be registered
16                     unless it is certified by a licensed valuer within a
17                     period specified in the regulations before an application
18                     is made for registration of the schedule or amendment.

19         38.         Requirements for registration of amendment of
20                     schedule of unit entitlements
21               (1)   An amendment of a schedule of unit entitlements may
22                     only be registered --
23                       (a) in conjunction with an amendment of the
24                            scheme plan to give effect to a subdivision; or
25                      (b) if the amendment is authorised by resolution
26                            without dissent of the strata company; or
27                       (c) if the amendment is authorised by order of the
28                            Tribunal.




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1    (2)     An amendment under subsection (1)(b) must not be
2            registered unless the holder of each designated interest
3            over the whole or a part of the parcel --
4              (a) has been given notice in the approved form of
5                    the amendment; and
6              (b) either --
7                       (i) has given written consent to the
8                           amendment; or
9                      (ii) has not, at the end of 60 days after being
10                          given notice, made a written objection
11                          to the amendment.
12   (3)     The Tribunal may, on the application of an applicant
13           for registration of an amendment of a strata titles
14           scheme involving the amendment of the schedule of
15           unit entitlements, order that an objection to the
16           amendment of a person with a designated interest be
17           disregarded on the grounds that the objection is
18           unreasonable.
19   (4)     In considering whether an objection is unreasonable,
20           the Tribunal may consider --
21             (a) the merits of the proposed amendment of the
22                   strata titles scheme; and
23             (b) the grounds for the objection; and
24             (c) any other factor the Tribunal considers relevant.
25   (5)     The Tribunal may, on the application of a strata
26           company or the owner or registered mortgagee of a lot
27           in a strata titles scheme, authorise the amendment of
28           the schedule of unit entitlements for the scheme if
29           satisfied that, if unit entitlements were to be allocated
30           at the time of the application, the schedule of unit
31           entitlements would require amendment for compliance
32           with section 37(2).



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1                (6)   If the Tribunal makes an order under this section, the
2                      applicant for the order must lodge a copy of the order
3                      certified by the Tribunal with the Registrar of Titles for
4                      registration of the amendment of the schedule of unit
5                      entitlements.

6                            Division 4 -- Scheme by-laws
7          39.         Scheme by-laws on registration
8                      On registration of a strata titles scheme --
9                       (a) subject to paragraph (b), the governance
10                            by-laws set out in Schedule 1 and the conduct
11                            by-laws set out in Schedule 2 are taken to be
12                            registered for the scheme; and
13                      (b) if other scheme by-laws are registered for the
14                            scheme, the strata company is taken to have
15                            made those by-laws and the by-laws referred to
16                            in paragraph (a) are amended or repealed
17                            accordingly.

18         40.         Leasehold by-laws
19               (1)   Leasehold by-laws of a leasehold scheme are by-laws
20                     that provide --
21                       (a) for postponement of the expiry day for the
22                             scheme; or
23                       (b) for compensation payable on the expiry of the
24                             scheme.
25               (2)   If a leasehold scheme does not have leasehold by-laws,
26                     the expiry day for the scheme cannot be postponed.
27               (3)   The expiry day for a leasehold scheme --
28                      (a) cannot be postponed to a day that is more than
29                            99 years after registration of the scheme; and



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1              (b)    cannot be postponed unless the postponement is
2                     supported by resolution of the strata company
3                     as set out in section 41.
4    (4)     Leasehold by-laws --
5             (a) may provide that the owner of the leasehold
6                   scheme is to be paid an amount for the
7                   postponement of the expiry day for the scheme
8                   by the owner of each lot in the scheme and, if
9                   they do so --
10                     (i) the amount paid by the owners of the
11                          lots must be proportional to the unit
12                          entitlements of their respective lots; and
13                    (ii) the by-laws --
14                              (I) must set out how the amount is
15                                   to be calculated; and
16                             (II) must set out when and how the
17                                   amount is to be paid (which
18                                   must be at least 4 months
19                                   before the expiry day); and
20                            (III) must provide that, if the
21                                   amount is not paid as required
22                                   under the by-laws, the owner of
23                                   the leasehold scheme is entitled
24                                   to re-enter the lot from the end
25                                   of the expiry day for the
26                                   scheme that applied before the
27                                   postponement;
28                  and
29            (b) may provide for compensation to be payable to
30                  the owner of a lot on the expiry of the scheme
31                  for improvements to the lot effected by the
32                  owner or a former owner of the lot; and
33            (c) must comply with requirements set out in the
34                  regulations.

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1                (5)   Leasehold by-laws can only be made, amended or
2                      repealed if the owner of the leasehold scheme has
3                      given written consent to the by-laws.
4                      Note for this section:
5                             Leasehold by-laws providing for postponement of the expiry
6                             day for the scheme can only be made, amended or
7                             repealed with the approval of the Planning Commission as
8                             set out in section 20.

9          41.         Resolution for postponement of expiry day under
10                     leasehold by-laws
11               (1)   If the leasehold by-laws provide for postponement of
12                     the expiry day for the leasehold scheme, the expiry day
13                     may only be postponed if the postponement is
14                     supported by a resolution as follows --
15                       (a) 14 days' notice of the terms of the proposed
16                              resolution must be given to each member of the
17                              strata company before voting on the resolution
18                              opens;
19                       (b) the resolution must specify a proposed new
20                              expiry day (in accordance with the leasehold
21                              by-laws) that is a day that is not more than
22                              99 years after registration of the scheme;
23                       (c) the votes in favour of the resolution must equal
24                              not less than 75% of the number of lots in the
25                              scheme;
26                       (d) the resolution must be passed not later than
27                              6 months before the expiry day.
28               (2)   The owner of the leasehold scheme or an owner of a lot
29                     in a leasehold scheme may convene a general meeting
30                     of the strata company to vote on a resolution for
31                     postponing the expiry day for the scheme if the strata
32                     company has not done so.
33               (3)   Section 126(a) does not apply to a vote on a resolution
34                     for postponing the expiry day for a leasehold scheme.

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1          (4)     The strata company must, as soon as reasonably
2                  practicable after the passing of a resolution under this
3                  section --
4                    (a) serve notice of the resolution, in the approved
5                          form, on the owner of the leasehold scheme;
6                          and
7                    (b) apply for registration of an amendment of the
8                          scheme notice to give effect to the
9                          postponement of the expiry day.

10   42.           Staged subdivision by-laws
11         (1)     Staged subdivision by-laws of a strata titles scheme are
12                 by-laws that apply as if they were an agreement by the
13                 strata company with a person about subdivision of the
14                 strata titles scheme in stages.
15                 Note for this subsection:
16                        Under section 36, compliance with a stage of subdivision as
17                        set out in staged subdivision by-laws removes the need for
18                        resolutions and consents for registration of an amendment
19                        of the strata titles scheme to give effect to the subdivision.

20         (2)     Staged subdivision by-laws must--
21                   (a) describe in detail --
22                           (i) the stages of subdivision that are agreed;
23                                and
24                          (ii) any amendments to the scheme plan and
25                                schedule of unit entitlements that will be
26                                made on completion of each stage of
27                                subdivision;
28                        and
29                   (b) identify the lots or common property affected
30                        by each stage of subdivision; and
31                   (c) comply with requirements set out in the
32                        regulations.



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1               (3)   Staged subdivision by-laws cannot apply to subdivision
2                     comprised of the removal, from the parcel, of land
3                     comprised of common property or the addition, to the
4                     parcel, of land from outside the parcel.
5               (4)   Staged subdivision by-laws do not bind the Planning
6                     Commission or a local government to give a planning
7                     approval for an agreed stage of subdivision.
8               (5)   Staged subdivision by-laws do not bind the scheme
9                     developer of a stage of subdivision to undertake the
10                    subdivision.
11              (6)   Staged subdivision by-laws can only be made,
12                    amended or repealed if --
13                      (a) for a leasehold scheme, the owner of the
14                           leasehold scheme --
15                              (i) has been given notice in the approved
16                                   form of the by-laws; and
17                             (ii) has given written consent to the
18                                   by-laws;
19                           and
20                      (b) in any case, the holder of each designated
21                           interest over the whole or a part of the parcel --
22                              (i) has been given notice in the approved
23                                   form of the by-laws; and
24                             (ii) either --
25                                       (I) has given written consent to the
26                                            application; or
27                                      (II) has not, at the end of 60 days
28                                            after being given notice, made
29                                            a written objection to the
30                                            proposed by-laws.
31              (7)   The Tribunal may, on the application of an applicant
32                    for registration of staged subdivision by-laws or an


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1                  amendment of staged subdivision by-laws, order that
2                  an objection to the by-laws of a person with a
3                  designated interest be disregarded on the grounds that
4                  the objection is unreasonable.
5          (8)     In considering whether an objection is unreasonable,
6                  the Tribunal may consider --
7                    (a) the merits of the proposed by-laws; and
8                    (b) the grounds for the objection; and
9                    (c) any other factor the Tribunal considers relevant.
10         (9)     If the Tribunal makes such an order, the applicant must
11                 lodge a copy of the order certified by the Tribunal with
12                 the Registrar of Titles.

13   43.           Exclusive use by-laws
14         (1)     Exclusive use by-laws of a strata titles scheme are
15                 scheme by-laws that confer exclusive use and
16                 enjoyment of, or special privileges over, the common
17                 property in the strata titles scheme or specified
18                 common property in the strata titles scheme (the
19                 special common property) on the occupiers, for the
20                 time being, of a specified lot or lots in the strata titles
21                 scheme (the special lots).
22         (2)     Exclusive use by-laws may include the following --
23                  (a) terms and conditions on which the occupiers of
24                        special lots may use the special common
25                        property;
26                  (b) particulars relating to access to the special
27                        common property and the provision and
28                        keeping of any key necessary;
29                  (c) particulars of the hours during which the
30                        special common property may be used;




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1                       (d)    provisions relating to the condition,
2                              maintenance, repair, renewal or replacement of
3                              the special common property;
4                        (e)   provisions relating to insurance of the special
5                              common property to be maintained by the
6                              owners of special lots;
7                        (f)   matters relating to the determination of
8                              amounts payable to the strata company by the
9                              owners of special lots and the imposition and
10                             collection of the amounts.
11               (3)   Subject to the terms of exclusive use by-laws, the
12                     obligations that would, apart from this subsection, fall
13                     on the strata company under its function of managing
14                     and controlling the special common property fall
15                     instead on the owners of the special lots.
16               (4)   An amount payable by a person to a strata company
17                     under exclusive use by-laws must be paid (together
18                     with interest on any outstanding amount) and may be
19                     recovered by the strata company, as if the amount
20                     payable were an unpaid contribution levied on the
21                     person as a member of the strata company.
22               (5)   Exclusive use by-laws can only be made, amended or
23                     repealed if the owner of each lot that is or is proposed
24                     to be a special lot has given written consent to the
25                     by-laws.

26         44.         Making of scheme by-laws
27               (1)   Subject to this Act, a strata company may, by
28                     resolution of the strata company, make governance
29                     by-laws or conduct by-laws for the strata titles scheme
30                     (including by-laws that amend or repeal the by-laws it
31                     is taken to have made on registration of the scheme).




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1          (2)     The resolution to make by-laws must be --
2                   (a) for governance by-laws -- a resolution without
3                         dissent; and
4                   (b) for conduct by-laws -- a special resolution.
5          (3)     The power to make by-laws includes power to amend
6                  or repeal by-laws in the same manner and on the same
7                  conditions as they are made.
8          (4)     If by-laws purport to be made in exercise of a
9                  particular power or powers, they are also taken to be
10                 made in exercise of all powers under which they can be
11                 made.
12         (5)     Scheme by-laws must be in the approved form.

13   45.           Application of scheme by-laws
14         (1)     Scheme by-laws may apply to the following --
15                  (a) the strata company for the strata titles scheme;
16                  (b) a member, for the time being, of the strata
17                       company for the strata titles scheme;
18                  (c) an occupier or lessee, for the time being, of a
19                       lot, or the common property, in the strata titles
20                       scheme;
21                  (d) in the case of leasehold by-laws -- the owner
22                       of the leasehold scheme;
23                  (e) in the case of exclusive use by-laws -- the
24                       owners and occupiers, for the time being, of
25                       special lots.
26         (2)     Each person to whom scheme by-laws apply must
27                 comply with the by-laws as if the by-laws were a deed
28                 (signed and sealed by each person to whom they apply)
29                 containing mutual covenants to observe and perform
30                 the matters set out in the by-laws.



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1                (3)   A lease of a lot or common property in a strata titles
2                      scheme is taken to contain an agreement by the lessee
3                      that the lessee will comply with the scheme by-laws.
4                (4)   The owner, occupier or lessee of a lot or common
5                      property in a strata titles scheme must take all steps
6                      that are reasonable in the circumstances to ensure that
7                      every person who they permit to use or who they invite
8                      on to the lot or common property complies with
9                      by-laws that apply to the owner, occupier or lessee.
10               (5)   Scheme by-laws are not by-laws or subsidiary
11                     legislation within the meaning of the Interpretation
12                     Act 1984.
13               (6)   An interest created under scheme by-laws does not
14                     have effect as an interest registered under the Transfer
15                     of Land Act 1893.
16               (7)   Nothing in subsection (6) derogates from the operation
17                     of leasehold by-laws.

18         46.         Invalidity of scheme by-laws
19                     Scheme by-laws are invalid as follows --
20                      (a) to the extent that there is no power to make the
21                           by-laws;
22                      (b) to the extent that they are inconsistent with this
23                           Act or any other written law;
24                      (c) to the extent that they are inconsistent with a
25                           restricted use condition;
26                      (d) for a leasehold scheme -- to the extent that
27                           they are inconsistent with the covenants or
28                           conditions of a strata lease over a lot in the
29                           scheme;
30                      (e) to the extent that they purport to deny or limit
31                           the right of a member of the strata company to


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1                           vote on a proposed resolution of the strata
2                           company (except as set out in this Act);
3                     (f)   to the extent that they prohibit or restrict the
4                           devolution of a lot or a transfer, lease, mortgage
5                           or other dealing with a lot;
6                    (g)    to the extent that they purport to discharge or
7                           modify an easement or restrictive covenant;
8                    (h)    to the extent that they prohibit or restrict the
9                           keeping on a lot of an animal that is used as an
10                          assistance animal by a person with a disability
11                          who is an owner or occupier of a lot;
12                    (i)   to the extent that they prohibit or restrict the use
13                          on the parcel of an assistance animal by a
14                          person with a disability;
15                    (j)   to the extent that, having regard to the interests
16                          of all of the owners of lots in the strata titles
17                          scheme in the use and enjoyment of their lots
18                          and the common property --
19                             (i) they are unfairly prejudicial to, or
20                                  unfairly discriminatory against, 1 or
21                                  more of the owners of lots; or
22                            (ii) they are oppressive or unreasonable.

23   47.           Enforcement of scheme by-laws
24         (1)     A strata company may --
25                  (a) give a written notice to a person alleged to have
26                         contravened the scheme by-laws; or
27                  (b) apply to the Tribunal under this section for an
28                         order enforcing scheme by-laws if --
29                           (i) the contravention has had serious
30                                adverse consequences for a person other
31                                than the person alleged to have
32                                contravened the scheme by-laws; or


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1                              (ii)   the person has contravened the
2                                     particular scheme by-law on at least 3
3                                     separate occasions; or
4                             (iii)   the person has been given notice under
5                                     paragraph (a) and has contravened the
6                                     notice.
7               (2)   A written notice given by a strata company to a person
8                     alleged to have contravened the scheme
9                     by-laws must --
10                      (a) specify the particular scheme by-law that is
11                            alleged to have been contravened; and
12                      (b) specify the particular facts relied on as evidence
13                            of the contravention; and
14                      (c) specify the action that must be taken or
15                            refrained from being taken in order to avoid a
16                            continuing or further contravention of the
17                            particular scheme by-law; and
18                      (d) contain an explanation of the effect of this
19                            section in terms set out in the regulations.
20              (3)   An application may also be made to the Tribunal for
21                    enforcement of scheme by-laws by --
22                      (a) the owner of a lot in the strata titles scheme; or
23                      (b) if the scheme is a leasehold scheme -- the
24                           owner of the leasehold scheme; or
25                      (c) a mortgagee of a lot in the strata titles scheme;
26                           or
27                      (d) an occupier of a lot in the strata titles scheme.
28              (4)   An application can only be made under subsection (3)
29                    on the grounds that --
30                      (a) if a person other than the strata company is
31                            alleged to have contravened the scheme
32                            by-laws -- the person has been given notice


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1                     under subsection (1)(a) and has contravened the
2                     notice; or
3              (b)    the contravention has had serious adverse
4                     consequences for a person other than the person
5                     alleged to have contravened the scheme
6                     by-laws; or
7              (c)    the person has contravened the particular
8                     scheme by-law on at least 3 separate occasions.
9    (5)     The Tribunal may, if satisfied that a person has
10           contravened the scheme by-laws, by order require the
11           person to do 1 or more of the following --
12             (a) pay a specified amount to the strata company
13                   by way of penalty for the contravention;
14             (b) take specified action within a period stated in
15                   the order to remedy the contravention or
16                   prevent further contraventions;
17             (c) refrain from taking specified action to prevent
18                   further contraventions.
19   (6)     The Tribunal's power to impose a penalty is subject to
20           the following limitations --
21             (a) a penalty must not be imposed on the strata
22                   company;
23             (b) a penalty may only be imposed if the Tribunal
24                   is satisfied of the matters set out in
25                   subsection (1)(b) or (4) as the case requires;
26             (c) the penalty must not exceed an amount fixed by
27                   the regulations;
28             (d) a daily penalty may be imposed for a
29                   continuing contravention only if that is
30                   authorised by the regulations.




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1                (7)   The regulations may --
2                       (a) specify a maximum amount that may be
3                             imposed by the Tribunal by way of penalty for
4                             contravention of scheme by-laws; and
5                       (b) specify circumstances in which a daily penalty
6                             may be imposed for a continuing contravention
7                             and a maximum amount that may be imposed
8                             as a daily penalty.
9                (8)   If an order is made under this section requiring a
10                     member of a strata company to pay an amount to a
11                     strata company, the amount may be recovered by the
12                     strata company, and interest is payable on any
13                     outstanding amount, as if the amount payable were an
14                     unpaid contribution levied on the member as a member
15                     of the strata company.
16               (9)   An amount otherwise ordered to be paid by way of
17                     penalty under this section is recoverable as a debt in a
18                     court of competent jurisdiction.

19         48.         Requirements for registration of amendment to give
20                     effect to scheme by-laws
21               (1)   A strata company must apply for registration of an
22                     amendment of the strata titles scheme to register
23                     scheme by-laws as soon as reasonably practicable and,
24                     in any event, within 3 months, after they are made,
25                     amended or repealed.
26               (2)   An amendment of a strata titles scheme to give effect
27                     to scheme by-laws may only be registered if the
28                     scheme by-laws have been made, amended or repealed
29                     in accordance with this Division.




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1                           Division 5 -- Strata leases
2    49.           Relationship with other laws
3          (1)     When a strata lease is registered as a scheme
4                  document, the lease is taken to be a registered lease
5                  under the Transfer of Land Act 1893.
6          (2)     The following provisions do not apply to or in relation
7                  to a strata lease --
8                    (a) the Transfer of Land Act 1893 Part IV
9                           Division 2;
10                   (b) the Property Law Act 1969 sections 72, 73, 74,
11                          75, 76, 79, 80, 81 and 83 and Part VII
12                          Division 2;
13                   (c) other provisions of those or other Acts specified
14                          in the regulations.
15         (3)     Subsection (2) does not affect the application of the
16                 Transfer of Land Act 1893 or the Property Law
17                 Act 1969 to a lease of a lot in a leasehold scheme.

18   50.           Term of strata lease
19         (1)     A strata lease for a lot in a leasehold scheme
20                 commences when the lot is created on the registration
21                 of the leasehold scheme or an amendment of the
22                 leasehold scheme to give effect to a subdivision and
23                 expires on the expiry day for the scheme.
24         (2)     A strata lease is of no effect to the extent that it
25                 purports to extend beyond the expiry day for the
26                 scheme.
27         (3)     A strata lease is not subject to renewal, but its term is
28                 extended by postponement of the expiry day for the
29                 scheme.




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1                (4)   The fact that the expiry day may be postponed does not
2                      render a strata lease invalid for being of uncertain
3                      duration or for any other reason.
4                (5)   A strata lease is not subject to forfeiture.

5          51.         Limitations on powers of owner of leasehold scheme
6                (1)   The owner of a leasehold scheme must not interfere
7                      with the use and enjoyment of a lot or common
8                      property in the leasehold scheme by the owner of a lot
9                      in the scheme.
10               (2)   Subject to subsection (3), the consent of the owner of
11                     the leasehold scheme is not required by the owner of a
12                     lot in the scheme to deal with or dispose of the strata
13                     title for the lot.
14               (3)   The regulations may specify circumstances in which
15                     the consent of the owner of the leasehold scheme may
16                     be required despite subsection (2).
17               (4)   The owner of a leasehold scheme cannot re-enter a lot
18                     in the scheme except if that is authorised by order of
19                     the Tribunal or under the leasehold by-laws (for
20                     non-payment of an amount for postponement of the
21                     expiry day) or if the owner of the lot surrenders the
22                     strata lease.

23         52.         Content and form of strata lease
24               (1)   A strata lease --
25                      (a) can only contain covenants or conditions
26                             allowed by the regulations; and
27                      (b) if breach of a covenant or condition may lead to
28                             an order of the Tribunal for re-entry, the strata
29                             lease must identify the covenant or condition as
30                             a fundamental covenant or condition; and



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1              (c)     cannot grant the owner of the leasehold scheme
2                      a right of re-entry of the lot for breach of a
3                      covenant or condition (express or implied); and
4              (d)     must be in the approved form.
5    (2)     The covenants or conditions allowed by the regulations
6            cannot include covenants or conditions for the
7            following --
8              (a) a matter that could be included in leasehold
9                    by-laws;
10             (b) refurbishment of the lot or improvements on the
11                   lot;
12             (c) a matter that is dealt with under this Act
13                   including --
14                      (i) financial contributions towards the
15                            maintenance, repair, renewal or
16                            replacement of common property in the
17                            leasehold scheme or property of the
18                            strata company; and
19                     (ii) the insurance required for the leasehold
20                            scheme;
21             (d) the acquisition of the owner of a leasehold
22                   scheme's freehold reversion in the lot and the
23                   common property appurtenant to the lot;
24             (e) compensation for the value of improvements to
25                   the lot;
26              (f) any other matter specified in the regulations.
27   (3)     If a strata lease cannot provide for, or relate to,
28           something under this section, then it cannot be
29           provided for in any other way, other than under scheme
30           by-laws (if the thing may be the subject of scheme
31           by-laws).
32           Note for this subsection:
33                   For example, the thing cannot be made the subject of a
34                   lease, contract or deed.

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1          53.         Amendment of strata lease
2                (1)   A strata lease can only be amended by written
3                      agreement between the owner of the leasehold scheme
4                      and the owner of the lot to which the strata lease
5                      relates.
6                (2)   The regulations may impose additional requirements
7                      for the amendment of a strata lease.
8                (3)   The amendment of a strata lease cannot take effect
9                      until registration of the amendment.
10               (4)   An amendment of a strata lease must not be registered
11                     unless --
12                       (a) if the owner of the leasehold scheme or the
13                            owner of the lot is not an applicant, that owner
14                            has given written consent to the amendment;
15                            and
16                      (b) the strata lease as amended is lodged with the
17                            Registrar of Titles.

18         54.         Enforcement of strata lease
19               (1)   The owner of a leasehold scheme or the owner of a lot
20                     in the leasehold scheme may apply to the Tribunal for
21                     enforcement of a covenant or condition in the strata
22                     lease or an obligation under this Division.
23               (2)   However, an application can only be made by the
24                     owner of the leasehold scheme if --
25                      (a) the owner of the leasehold scheme has served
26                            notice about the breach of the strata lease on the
27                            owner of the lot, and the mortgagee of the lot, if
28                            any, that complies with the Property Law
29                            Act 1969 section 81(1)(a), (b) and (c); and
30                      (b) the owner of the lot has failed within a
31                            reasonable time after the service of the notice
32                            on the owner, to remedy the breach, if it is

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1                     capable of remedy, and to make reasonable
2                     compensation in money, to the satisfaction of
3                     the owner of the leasehold scheme, for the
4                     breach.
5    (3)     The Tribunal may, if satisfied that the owner of a lot in
6            a leasehold scheme has breached a covenant or
7            condition in the strata lease, by order do 1 or more of
8            the following --
9              (a) require the owner of the lot to pay
10                   compensation to the owner of the leasehold
11                   scheme for any pecuniary loss or damage
12                   caused by the breach of the strata lease;
13             (b) require the owner of the lot to do, or refrain
14                   from doing, a specified act to remedy the
15                   breach;
16             (c) vest, for the remaining term of the strata lease,
17                   or for a shorter term, the strata lease for the lot
18                   in a mortgagee of the lot on conditions that the
19                   Tribunal is satisfied are just and equitable,
20                   including, for example, conditions relating
21                   to --
22                      (i) the execution of a dealing or other
23                           document; or
24                     (ii) the payment of costs, expenses,
25                           damages or compensation; or
26                    (iii) the giving of security;
27             (d) if the covenant or condition is a fundamental
28                   covenant or condition and the Tribunal is
29                   satisfied that the owner of the leasehold scheme
30                   cannot be reasonably compensated by an order
31                   under a preceding paragraph, authorise the
32                   owner of the leasehold scheme to re-enter the
33                   lot.



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1                (4)   The Tribunal may, if satisfied that the owner of a
2                      leasehold scheme has breached a covenant or condition
3                      in the strata lease or has contravened this Act, by order
4                      do 1 or more of the following --
5                        (a) require the owner of the leasehold scheme to
6                               pay compensation to the owner of a lot in the
7                               scheme for any pecuniary loss or damage
8                               caused by the owner of the leasehold scheme,
9                               including by purporting to exercise a right to
10                              re-enter the lot in circumstances in which the
11                              owner does not have that right;
12                       (b) require the owner of the leasehold scheme to
13                              return possession of a lot in the scheme to the
14                              owner of the lot.

15         55.         Contracting out prohibited
16               (1)   A contract or any other agreement or arrangement is of
17                     no effect to the extent that it purports to exclude or
18                     restrict the operation of this Division.
19               (2)   A purported waiver of a right, remedy or benefit
20                     conferred on a person under this Division is of no
21                     effect.

22                     Part 5 -- Registration and land titles
23               Division 1 -- Schemes and amendment of schemes
24         56.         Application for registration
25               (1)   An application for registration of a strata titles scheme
26                     or an amendment of a strata titles scheme can be
27                     made --
28                       (a) for registration to give effect to a subdivision,
29                            by the scheme developer for the subdivision; or



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1              (b)     for registration of an amendment of a strata
2                      titles scheme, by --
3                         (i) the strata company for the scheme; or
4                        (ii) an owner of a lot in the scheme; or
5                       (iii) if the scheme is a leasehold scheme, the
6                               owner of the leasehold scheme.
7    (2)     An application for registration of a strata titles scheme
8            or an amendment of a strata titles scheme must --
9              (a) be lodged with the Registrar of Titles; and
10             (b) be in the approved form; and
11             (c) be accompanied by --
12                    (i) for registration of a scheme -- the
13                         scheme documents; or
14                   (ii) for an amendment of a scheme --
15                         amendments or replacements of the
16                         scheme documents that require
17                         modification as a consequence of the
18                         amendment of the scheme;
19                  and
20             (d) be accompanied by evidence, in the approved
21                  form, that the requirements of this Act for the
22                  making and registration of the scheme
23                  documents or amendments of the scheme
24                  documents have been complied with; and
25           Note for this paragraph:
26                   See especially the requirements set out in sections 30 and
27                   31 for the scheme notice, sections 34 and 35 (but subject to
28                   section 36) for the scheme plan, section 38 for the schedule
29                   of unit entitlements, section 48 for scheme by-laws and
30                   section 53 for strata leases.
31             (e)     must be accompanied, if applicable, by --
32                      (i) a statement (in the approved form) of
33                            how each item registered or recorded for


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1                                        the scheme in the Register is to be dealt
2                                        with; and
3                                 (ii)   disposition statements, instruments or
4                                        documents necessary for that purpose;
5                                and
6                        (f)     be accompanied by the fee fixed by the
7                                regulations.
8                (3)   The Registrar of Titles may accept an application for
9                      registration of a scheme plan or amendment of a
10                     scheme plan, or a scheme plan or amendment of a
11                     scheme plan for lodgement, before the plan or
12                     amendment is endorsed with the approval of the
13                     Planning Commission as required under Part 3
14                     Division 1, but the plan or amendment cannot be
15                     registered until it is so endorsed.
16               (4)   The regulations may impose time limits within which
17                     an application for registration must be made.
18                     Note for this subsection:
19                             For example, an application involving an amendment of a
20                             scheme plan may be required to be made within a specified
21                             period after endorsement of the scheme plan by the
22                             Planning Commission.

23         57.         Effect of registration
24               (1)   On registration of a freehold scheme --
25                      (a) the title to the parcel of land that existed
26                            immediately before registration of the scheme
27                            ceases to exist; and
28                      (b) the certificate of title for the parcel must be
29                            cancelled under the Transfer of Land Act 1893.
30               (2)   On registration of a leasehold scheme --
31                      (a) the fee simple of the parcel of land subdivided
32                            by the scheme is divided into the strata leases
33                            and a reversionary interest in the parcel that

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1                           reverts to the owner of the leasehold scheme on
2                           the expiry or termination of the scheme; and
3                    (b)    the certificate of title for the parcel must be
4                           endorsed accordingly under the Transfer of
5                           Land Act 1893.
6          (3)     On registration of a strata titles scheme or an
7                  amendment of a strata titles scheme to give effect to a
8                  subdivision of land --
9                    (a) the relevant lots are created, cease to exist or
10                        are varied as required by the subdivision; and
11                   (b) if a lot in a leasehold scheme ceases to exist,
12                        the strata lease for the lot is extinguished; and
13                   (c) the relevant common property (if any) comes
14                        into existence, ceases to exist or is varied as
15                        required by the subdivision.
16         (4)     A scheme document, or an amendment of a scheme
17                 document, has effect from when it is registered or
18                 recorded by the Registrar of Titles.

19   58.           Registration process
20         (1)     To register a strata titles scheme or an amendment of a
21                 strata titles scheme, the Registrar of Titles must --
22                   (a) allocate a reference number (being a unique
23                          series of numbers or letters or both numbers
24                          and letters) to the scheme; and
25                   (b) register or record, in the manner that the
26                          Registrar considers appropriate for
27                          incorporation of the strata titles scheme in the
28                          Register under the Transfer of Land Act 1893,
29                          the scheme documents or amendments of the
30                          scheme documents (including, without
31                          limitation, by attaching the reference number of
32                          the scheme to the scheme plan); and


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1                       (c)   as appropriate in the circumstances, register or
2                             record a disposition statement, transfers or
3                             other documents lodged with the application for
4                             registration in the manner that the Registrar
5                             considers appropriate for incorporation in the
6                             Register under the Transfer of Land Act 1893;
7                             and
8                      (d)    on registration of a strata titles scheme or an
9                             amendment of a strata titles scheme to give
10                            effect to a subdivision of land --
11                               (i) ensure that there is a separate certificate
12                                    of title registered under the Transfer of
13                                    Land Act 1893 for each lot in the strata
14                                    titles scheme; and
15                              (ii) for a leasehold scheme, ensure that there
16                                    is --
17                                         (I) a strata lease registered for
18                                               each lot in the scheme; and
19                                        (II) a separate certificate of title
20                                               registered under the Transfer of
21                                               Land Act 1893 for the parcel;
22                                    and
23                             (iii) create and register or cancel, or enter a
24                                    memorial on, certificates of title as
25                                    necessary for those purposes.
26              (2)   A separate certificate of title is not to be created for
27                    common property or for a parcel subdivided by a
28                    freehold scheme.
29              (3)   The Transfer of Land Act 1893 section 48B does not
30                    apply to a certificate of title for a lot in a leasehold
31                    scheme.
32              (4)   The Transfer of Land Act 1893 section 166 does not
33                    apply to a subdivision of land by a strata titles scheme.


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1          (5)     Without limiting how the Registrar of Titles
2                  incorporates material into the Register, an item will be
3                  taken to be registered or recorded for a strata titles
4                  scheme in the Register if it is registered or recorded on
5                  the scheme plan, a certificate of title for a lot in the
6                  scheme, a certificate of title for the parcel in a
7                  leasehold scheme, or on a separate record of
8                  information relating to the scheme.
9                  Note for this subsection:
10                        For example, an item may comprise an estate, interest,
11                        right, encumbrance, notification, memorial or caveat.

12   59.           No presumption of validity of scheme by-laws
13         (1)     The Registrar of Titles may, but is not obliged to,
14                 examine scheme by-laws lodged for registration for
15                 compliance with this Act.
16         (2)     It must not be presumed that, because the Registrar of
17                 Titles has registered scheme by-laws, the by-laws are
18                 valid or enforceable.
19         (3)     The State does not guarantee the validity or
20                 enforceability of scheme by-laws.

21     Division 2 -- Re-entry or surrender of strata leases
22   60.           Notice and registration
23                 If a strata lease is re-entered by order of the Tribunal or
24                 under the leasehold by-laws (for non-payment of an
25                 amount for postponement of the expiry day) or a strata
26                 lease is otherwise surrendered to the owner of the
27                 leasehold scheme --
28                   (a) the owner of the leasehold scheme must lodge
29                          with the Registrar of Titles notice in the
30                          approved form of that fact, together with, for
31                          re-entry, evidence in the approved form that the
32                          requirements of this Act have been met; and

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1                       (b)   the Registrar of Titles must register the notice;
2                             and
3                       (c)   on registration of the notice --
4                                (i) the Registrar must register the owner of
5                                    the leasehold scheme as the owner of
6                                    the lot; and
7                               (ii) the owner of the leasehold scheme is
8                                    entitled to vacant possession of the lot;
9                                    and
10                             (iii) the strata lease is otherwise unaffected.

11                        Division 3 -- Statutory easements
12         61.         Easement for support, shelter and projections -- lot
13               (1)   For each lot in a strata titles scheme there is an
14                     easement benefiting the lot --
15                       (a) for the subjacent and lateral support of the
16                            lot --
17                               (i) by every other lot in the scheme capable
18                                     of affording support; and
19                              (ii) by all the common property in the
20                                     scheme capable of affording support;
21                            and
22                       (b) if the scheme is a strata scheme --
23                               (i) for the support and shelter of the parts
24                                     of a scheme building within the lot by
25                                     every other part of the scheme building
26                                     capable of affording support or shelter;
27                                     and
28                              (ii) for the projection of window sills,
29                                     windows, window awnings, eaves,
30                                     guttering and other minor parts of a
31                                     scheme building within the lot.


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1    (2)     The easement entitles the owner of a lot benefited by
2            the easement to examine, maintain, repair, modify and
3            replace the support, shelter or projection to which the
4            easement relates.
5    (3)     The rights conferred by the easement must be exercised
6            so as to minimise, as far as reasonably practicable,
7            interference with the use and enjoyment of lots and
8            common property in the strata titles scheme.
9    (4)     For each lot in a strata titles scheme there is an
10           easement burdening the lot --
11             (a) for the subjacent and lateral support of --
12                     (i) every other lot in the scheme capable of
13                           enjoying support; and
14                    (ii) all the common property in the scheme
15                           capable of enjoying support;
16                  and
17             (b) if the scheme is a strata scheme --
18                     (i) for the support and shelter by the parts
19                           of a scheme building within the lot of all
20                           other parts of the scheme building
21                           capable of enjoying support or shelter;
22                           and
23                    (ii) for the projection over the lot by
24                           window sills, windows, window
25                           awnings, eaves, guttering and other
26                           minor parts of a scheme building within
27                           another lot or the common property.
28   (5)     An owner or occupier of a lot must not do anything or
29           permit anything to be done that would interfere with
30           rights under the easement burdening the lot under this
31           section.




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1                (6)   An easement under this section has effect even if the
2                      lot benefited and the lot burdened have the same
3                      owner.

4          62.         Easement for support, shelter and projections --
5                      common property
6                (1)   For common property in a strata titles scheme there is
7                      an easement benefiting the common property --
8                        (a) for the subjacent and lateral support of the
9                             common property, by every lot in the strata
10                            titles scheme capable of affording support; and
11                       (b) if the scheme is a strata scheme --
12                               (i) for the support and shelter of the parts
13                                     of a scheme building within the
14                                     common property by every other part of
15                                     the scheme building capable of
16                                     affording support or shelter; and
17                              (ii) for the projection of window sills,
18                                     windows, window awnings, eaves,
19                                     guttering and other minor parts of a
20                                     scheme building within the common
21                                     property.
22               (2)   The easement entitles the strata company to examine,
23                     maintain, repair, modify and replace the support,
24                     shelter or projection to which the easement relates.
25               (3)   The rights conferred by the easement must be exercised
26                     so as to minimise, as far as reasonably practicable,
27                     interference with the use and enjoyment of lots and
28                     common property in the strata titles scheme.
29               (4)   For common property in a strata titles scheme there is
30                     an easement burdening the common property --
31                       (a) for the subjacent and lateral support of every lot
32                            in the strata titles scheme capable of enjoying
33                            support; and

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1                    (b)    if the scheme is a strata scheme --
2                              (i) for the support and shelter by the parts
3                                    of a scheme building within the
4                                    common property of all other parts of
5                                    the scheme building capable of enjoying
6                                    support or shelter; and
7                             (ii) for the projection over the common
8                                    property by window sills, windows,
9                                    window awnings, eaves, guttering and
10                                   other minor parts of a scheme building
11                                   within a lot.
12         (5)     A strata company must not do anything or permit
13                 anything to be done that would interfere with rights
14                 under the easement burdening the common property
15                 under this section.

16   63.           Utility service easement
17         (1)     An easement (a utility service easement) exists for the
18                 benefit and burden of each lot and the common
19                 property in a strata titles scheme to the extent
20                 reasonably required for the provision of utility services
21                 to each lot and the common property.
22         (2)     A utility service easement entitles the strata company,
23                 and the owner of a lot, in the strata titles scheme --
24                   (a) to install and remove utility conduits; and
25                   (b) to examine, maintain, repair, modify and
26                         replace utility conduits.
27         (3)     The rights conferred by a utility service easement must
28                 be exercised so as to minimise, as far as reasonably
29                 practicable, interference with the use and enjoyment of
30                 lots and common property in the strata titles scheme.
31         (4)     A strata company must not interfere or permit
32                 interference with utility conduits or a utility service


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1                     provided by means of utility conduits in a way that
2                     may prejudice the use or enjoyment of a lot or the
3                     common property, other than --
4                       (a) in the reasonable exercise of rights under a
5                            utility service easement of which it has the
6                            benefit; or
7                       (b) in the performance of its function of controlling
8                            and managing common property in the scheme.
9               (5)   An owner or occupier of a lot must not, either within or
10                    outside the lot, interfere or permit interference with
11                    utility conduits or a utility service provided by means
12                    of utility conduits in a way that may prejudice the use
13                    or enjoyment of another lot or the common property in
14                    the strata titles scheme, other than in the reasonable
15                    exercise of rights under a utility service easement.
16              (6)   A utility service easement has effect even if the lot
17                    benefited and the lot burdened have the same owner.
18              (7)   In any dispute about the location of utility conduits
19                    under a utility service easement, the objective must be
20                    to resolve the matter fairly taking into account the
21                    options that are reasonably available to give effect to
22                    the easement.
23              (8)   If, in the course of exercising rights under a utility
24                    service easement, the owner of a lot comes into
25                    possession of documents specifying the location of
26                    utility conduits or other information relating to utility
27                    conduits that ought reasonably to be kept by the strata
28                    company, the owner of the lot must ensure that the
29                    documents are provided to the strata company.
30              (9)   If, in the course of exercising rights under a utility
31                    service easement, the strata company comes into
32                    possession of documents specifying the location of
33                    utility conduits or other information relating to utility
34                    conduits that ought reasonably to be kept by the strata

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1                  company, the strata company must keep the
2                  documents.

3    64.           Common property (utility and sustainability
4                  infrastructure) easement
5          (1)     This section applies if --
6                   (a) a strata company has entered into a contract (an
7                         infrastructure contract) with a person under
8                         which the person owns and operates utility
9                         infrastructure or sustainability infrastructure on
10                        common property in the strata titles scheme;
11                        and
12                  (b) this section is applied to the infrastructure
13                        contract by ordinary resolution of the strata
14                        company.
15         (2)     An infrastructure contract must --
16                  (a) specify the common property over which there
17                        is an easement under this section; and
18                  (b) specify the infrastructure to which the easement
19                        applies.
20         (3)     The person (the infrastructure owner) who, from time
21                 to time, owns the infrastructure the subject of an
22                 infrastructure contract has an easement over the
23                 common property specified in the infrastructure
24                 contract that entitles the infrastructure owner --
25                   (a) to install and remove the infrastructure
26                         specified in the contract; and
27                   (b) to operate that infrastructure; and
28                   (c) to examine, maintain, repair, modify and
29                         replace that infrastructure.
30         (4)     The easement is subject to any conditions set out in the
31                 infrastructure contract (as in force from time to time).


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1                (5)   The infrastructure contract may be varied by agreement
2                      between the strata company and the person who is the
3                      infrastructure owner from time to time.
4                (6)   The easement ceases to exist if the infrastructure
5                      contract is terminated or otherwise ceases to have
6                      effect.
7                (7)   The rights conferred by the easement must be exercised
8                      so as to minimise, as far as reasonably practicable,
9                      interference with the enjoyment and use of the
10                     common property.
11               (8)   The regulations may --
12                      (a) specify special procedures for notice or voting
13                            on the resolution required for the application of
14                            this section; and
15                      (b) set out terms and conditions that are to be taken
16                            to be implied in an infrastructure contract; and
17                      (c) otherwise regulate the rights and obligations of
18                            the strata company and the infrastructure
19                            owner.

20         65.         Entry under statutory easement
21               (1)   A strata company has a right to enter the common
22                     property of its strata titles scheme to exercise its rights
23                     under a statutory easement without notice to any
24                     person.
25               (2)   If a person needs to enter a lot or common property in
26                     order to exercise rights under a statutory easement
27                     (other than as set out in subsection (1)), the person
28                     must give notice --
29                       (a) for entry to a lot -- to the occupier of the lot;
30                             and




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1              (b)    for entry to common property other than special
2                     common property -- to the strata company for
3                     the strata titles scheme; and
4              (c)    for special common property -- to the
5                     occupiers of the special lots who have exclusive
6                     use and enjoyment of, or special privileges
7                     over, the special common property under
8                     exclusive use by-laws.
9    (3)     Notice is unnecessary--
10            (a) in an emergency if there is insufficient time to
11                   give notice; or
12            (b) for entry to a lot, if the occupier of the lot
13                   dispenses with the requirement for notice; or
14            (c) for entry to common property other than special
15                   common property if --
16                      (i) the person has the right to enter and
17                          enters only for the purposes of
18                          inspection; or
19                    (ii) the strata company dispenses with the
20                          requirement for notice;
21                   or
22            (d) for entry to special common property -- if the
23                   requirement for notice is dispensed with by the
24                   occupiers of the special lots.
25   (4)     Notice must be given in the approved form.
26   (5)     The length of the notice must be at least --
27            (a) for entry by a strata company -- 7 days unless
28                  a shorter period is agreed to by the occupier of
29                  the lot; and
30            (b) in any other case -- 28 days unless a shorter
31                  period is agreed to by the occupier of the lot or
32                  strata company, as the case requires.


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1                (6)   If notice is not given (in an emergency) or the period of
2                      the notice has expired and it is not possible for the
3                      person, or a person acting on behalf of the person, to
4                      gain entry without using force, the person wishing to
5                      enter may use such force as is reasonable in the
6                      circumstances.
7                (7)   Rights of entry under a statutory easement include
8                      rights of entry by the person's agents, employees and
9                      contractors, with vehicles, equipment, materials and
10                     other items as reasonably necessary for the purpose of
11                     exercising rights under the easement.

12         66.         Rectification of damage
13               (1)   Any damage caused to a lot or common property in the
14                     course of exercising rights under a statutory easement
15                     must be repaired and made good as soon as practicable
16                     by the person exercising those rights.
17               (2)   Subsection (1) does not apply to the extent that the
18                     damage was the result of an unreasonable act or
19                     omission on the part of the owner of the lot damaged
20                     or, in the case of damage to the common property, on
21                     the part of the strata company.
22                     Note for this Division:
23                            Schedule 2A sets out an additional statutory easement for
24                            single tier strata schemes.

25                      Division 4 -- Rates, taxes and charges

26                           Part 6 -- Scheme developer
27         77.         First statutory general meeting
28               (1)   The scheme developer of the initial subdivision of land
29                     by registration of a strata titles scheme must, within
30                     3 months after registration of the scheme, convene a
31                     general meeting of the strata company for the scheme.

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1          (2)     The scheme developer must do so even if the scheme
2                  developer is no longer a member of the strata company
3                  and even if there are no other members of the strata
4                  company.
5          (3)     If there is another member of the strata company, a
6                  member of the strata company may convene the
7                  meeting if the scheme developer fails to do so.
8          (4)     The first statutory general meeting is to be conducted
9                  as an annual general meeting of the strata company and
10                 the obligations that would usually fall on the strata
11                 company fall instead on the scheme developer.
12         (5)     The person who convenes the meeting is to preside at
13                 the meeting or nominate someone to preside at the
14                 meeting.

15   78.           Key documents
16         (1)     The scheme developer of a subdivision of land by a
17                 strata titles scheme must ensure that --
18                   (a) all the key documents for the subdivision that
19                          come into the possession or control of the
20                          scheme developer are retained; and
21                   (b) all the key documents for the subdivision that
22                          the scheme developer possesses or controls are
23                          given to the strata company --
24                             (i) at the first general meeting of the strata
25                                  company following the subdivision; or
26                            (ii) if the key document comes into the
27                                  possession or control of the scheme
28                                  developer after that meeting -- as soon
29                                  as reasonably practicable after it comes
30                                  into the possession or control of the
31                                  scheme developer.



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1                (2)   The scheme developer is bound by this section whether
2                      or not the scheme developer is the owner of a lot in the
3                      strata titles scheme when the general meeting is held.

4          79.         Disclosure of remuneration and other benefits
5                (1)   This section applies to the following --
6                       (a) a contract for the provision of services or
7                             amenities to the strata company or to members
8                             of the strata company entered into or arranged
9                             by a scheme developer for the subdivision or by
10                            the strata company;
11                      (b) any other contract that binds the strata
12                            company;
13                      (c) a lease or licence of the common property of
14                            the strata titles scheme.
15               (2)   A scheme developer of a subdivision of land by a strata
16                     titles scheme must disclose in writing to the strata
17                     company for the scheme the following for each
18                     contract, lease or licence to which this section
19                     applies --
20                        (a) details of any remuneration or other benefit
21                              (including savings connected with installation
22                              or commissioning of infrastructure for the
23                              provision of services under the contract) that
24                              the scheme developer or an associate of the
25                              scheme developer has received or has a
26                              reasonable expectation of receiving arising out
27                              of the contract, lease or licence;
28                        (b) details of any other direct or indirect pecuniary
29                              interest that the scheme developer or an
30                              associate of the scheme developer has in the
31                              contract, lease or licence, other than as a
32                              member of the strata company.



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1          (3)     The disclosure --
2                   (a) must be made as soon as reasonably practicable
3                         after the scheme developer becomes aware of
4                         the facts giving rise to the requirement to
5                         disclose; and
6                   (b) must include information as to the value of the
7                         remuneration or other benefit.

8    80.           Defects in scheme buildings or infrastructure
9          (1)     On establishment of a strata company for a strata
10                 scheme, the strata company is subrogated to all the
11                 rights and remedies of the scheme developer in respect
12                 of --
13                   (a) in a strata scheme -- each scheme building;
14                         and
15                   (b) in a strata scheme or survey-strata scheme --
16                         infrastructure comprising common property of
17                         the scheme.
18         (2)     If, within 10 years after completion of a scheme
19                 building or infrastructure comprising common property
20                 of a strata titles scheme, a proposed resolution is put to
21                 a strata company about a defect in the scheme building
22                 or infrastructure, a member of the strata company must
23                 be excluded from voting on the resolution if the
24                 member is --
25                   (a) the scheme developer of a subdivision of land
26                          by the strata titles scheme in which the building
27                          was constructed or modified; or
28                   (b) an associate of such a person.
29         (3)     If a member is excluded under subsection (2), the unit
30                 entitlement of the lot of the member must be
31                 disregarded in determining whether the proposed
32                 resolution is passed as a resolution of the strata
33                 company.

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1          81.         Contracting out prohibited
2                (1)   A contract or any other agreement or arrangement is of
3                      no effect to the extent that it purports to exclude or
4                      restrict the operation of this Part.
5                (2)   A purported waiver of a right, remedy or benefit
6                      conferred on a person under this Part is of no effect.

7                      Part 7 -- Lot owners and occupiers
8                                 Division 1 -- General
9          82.         Offence to contravene restricted use condition
10                     An owner or occupier of a lot in a strata titles scheme
11                     commits an offence if the owner or occupier uses, or
12                     permits to be used, an area or space in a manner that
13                     contravenes a restricted use condition set out on the
14                     scheme plan for the scheme.
15                     Penalty for this subsection:
16                         (a) a fine of $10 000;
17                         (b) a daily penalty of a fine of $1 000 for each
18                               day or part of a day during which the offence
19                               continues.

20         83.         Use and enjoyment
21                     The owner or occupier of a lot must not use, or permit
22                     the use of, the lot or common property of the strata
23                     titles scheme in a way that interferes unreasonably with
24                     the use or enjoyment of another lot or the common
25                     property by a person who is lawfully on the lot or
26                     common property.

27         85.         Person to act for lot owner in certain circumstances
28               (1)   If the owner of a lot in a strata titles scheme cannot be
29                     located after reasonable enquiry or the owner lacks the

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1                  capacity to vote or consent to a matter under this Act,
2                  an application for an order under this section may be
3                  made to the Tribunal by the strata company or a person
4                  who the Tribunal considers has a proper interest in the
5                  matter.
6          (2)     The Tribunal may, on an application under this section,
7                  by order --
8                    (a) dispense with the requirement for the owner to
9                         vote or consent on a particular matter; or
10                  (b) authorise the Public Trustee under the Public
11                        Trustee Act 1941 or another specified person
12                        (with that person's consent) to exercise all or
13                        specified powers of the person under this Act as
14                        the owner of a lot.

15                   Division 2 -- Structural alteration of lots
16                 Note for this Division:
17                        This Division does not derogate from the requirement for
18                        subdivision approval if the definition of a lot is modified.

19   86.           Terms used in this Division
20                 In this Division --
21                 structural alteration of a lot means --
22                   (a) the erection of a structure within the lot; or
23                   (b) an alteration of a structural kind to, or extension
24                         of, a structure within the lot;
25                 structure includes anything classified as a structure by
26                 the regulations.

27   88.           Structural alteration of lot in survey-strata scheme
28         (1)     The owner of a lot in a 2-lot scheme that is a
29                 survey-strata scheme must not cause or permit the
30                 structural alteration of the lot if, on completion of the
31                 work, the structures on the lot will not conform to plot

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1                      ratio restrictions or open space requirements for the lot,
2                      except with the prior written approval of --
3                        (a) the owner of the other lot; and
4                        (b) for a leasehold scheme, the owner of the
5                               leasehold scheme.
6                (2)   The owner of a lot in a survey-strata scheme, other than
7                      a 2-lot scheme, must not cause or permit the structural
8                      alteration of the lot if, on completion of the work, the
9                      structures on the lot will not conform to plot ratio
10                     restrictions or open space requirements for the lot,
11                     except with --
12                       (a) the prior approval of the strata company,
13                              expressed by resolution without dissent; and
14                       (b) for a leasehold scheme, the prior written
15                              approval of the owner of the leasehold scheme.

16         90.         Order dispensing with approval for structural
17                     alteration of lot
18               (1)   The Tribunal may, on the application of an owner of a
19                     lot in a strata titles scheme, by order, exempt a
20                     particular structural alteration to the lot from the
21                     application of this Division.
22               (2)   An order may be made under this section --
23                      (a) whether or not the necessary approval for the
24                            alteration has been sought; and
25                      (b) even if there has been a valid refusal to give the
26                            necessary approval.
27               (3)   An order can only be made under this section if the
28                     Tribunal is satisfied --
29                      (a) that the structural alteration of the lot is
30                            reasonable, having regard to the merits of the
31                            alteration and the interests of all of the owners


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1                           of the lots in the use and enjoyment of their lots
2                           and the common property; and
3                    (b)    to the extent that the structural alteration has
4                           already been carried out, it will not cause any
5                           significant inconvenience or detriment to the
6                           owners of other lots.

7                          Part 8 -- Strata company
8                             Division 1 -- Functions

9                            Subdivision 1 -- Property

10   92.           Temporary common property
11         (1)     A strata company may, by resolution without dissent,
12                 for the purpose of creating temporary common
13                 property --
14                   (a) for a freehold scheme -- accept a lease of a lot
15                         in the scheme or of land that is contiguous to
16                         the parcel or separated only by a road, railway
17                         or waterway; and
18                   (b) for a leasehold scheme -- accept a lease (that
19                         expires on or before the expiry day for the
20                         scheme) of a lot in the scheme or of land that is
21                         contiguous to the parcel or separated only by a
22                         road, railway or waterway.
23         (2)     Except as provided in the regulations, the land that is
24                 leased must not be subject to a designated interest.
25         (3)     A strata company may, by resolution without dissent
26                 (made with the concurrence of the lessor if required
27                 under the lease), surrender a lease accepted by it under
28                 this section.




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1                (4)   If a resolution is passed under this section, the strata
2                      company may enter into the necessary transaction in its
3                      own name.

4          93.         Transactions affecting common property or parcel
5                (1)   Subject to subsection (3), a strata company may enter
6                      into a transaction to which this section applies and
7                      execute documents related to the transaction in its own
8                      name, as if --
9                        (a) for a freehold scheme -- it were the owner of
10                              an estate in fee simple in the land; or
11                       (b) for a leasehold scheme -- it were the owner of
12                              a leasehold estate in the land under a registered
13                              lease that expires on the expiry day for the
14                              scheme.
15               (2)   This section applies to the following transactions for a
16                     strata titles scheme --
17                       (a) the acceptance of a transfer of land that --
18                                 (i) is contiguous to the parcel or separated
19                                      only by a road, railway or waterway;
20                                      and
21                                (ii) is not subject to a mortgage or other
22                                      encumbrance; and
23                               (iii) is to be added to the common property
24                                      in the scheme in connection with a
25                                      subdivision that is to be given effect by
26                                      registration of an amendment of the
27                                      scheme;
28                       (b) the disposal of land comprising common
29                              property (other than temporary common
30                              property) in the scheme in connection with a
31                              subdivision that is to be given effect by
32                              registration of an amendment of the scheme;
33                       (c) a lease of common property in the scheme;

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1                    (d)     the surrender of or re-entry under a lease of
2                            common property in the scheme;
3                    (e)     the execution, acceptance, discharge or
4                            surrender of an easement or restrictive covenant
5                            burdening or benefiting the parcel.
6          (3)     The strata company may enter into a transaction to
7                  which this section applies if --
8                   (a) the transaction is authorised by a resolution
9                          without dissent; or
10                  (b) the transaction is required for completion of a
11                         stage of subdivision to which staged
12                         subdivision by-laws apply and the subdivision
13                         has been undertaken with sufficient compliance
14                         with the by-laws as determined in accordance
15                         with the regulations.
16                 Note for this subsection:
17                         Staged subdivision by-laws cannot apply to subdivision
18                         comprised of the removal, from the parcel, of land
19                         comprised of common property or the addition, to the
20                         parcel, of land from outside the parcel. Consequently,
21                         paragraph (b) can only apply in the context of a type 1
22                         subdivision comprised of the conversion of a lot to common
23                         property or a type 3 or type 4 subdivision.

24         (4)     This section does not affect the making of an exclusive
25                 use by-law by the strata company.
26         (5)     The Property Law Act 1969 section 121 does not apply
27                 to a right, arising from an instrument executed under
28                 this section, to access or to the use of light or air.

29   95.           Power of strata company to enter any part of parcel
30         (1)     A strata company may enter any part of the parcel for
31                 the purpose of --
32                   (a) carrying out work that the strata company is
33                         required or permitted to carry out under this
34                         Act; or

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1                       (b)    carrying out work that the strata company is
2                              required to carry out under an order of a court
3                              or tribunal; or
4                        (c)   carrying out work that the strata company is
5                              required to carry out under a notice issued, or
6                              other order made, under any other written law;
7                              or
8                       (d)    inspecting that part or any other part of the
9                              parcel; or
10                       (e)   ascertaining whether scheme by-laws or this
11                             Act has been, or is being, complied with.
12               (2)   Sections 65 and 66 apply to entry to common property
13                     or a lot by a strata company under this section as if the
14                     strata company were exercising rights under a statutory
15                     easement.
16               (3)   A person must not obstruct or hinder a person
17                     exercising a power under this section.

18         96.         Recovery of records, keys and property
19               (1)   A strata company may give written notice to a person
20                     requiring the person to deliver all records, keys or other
21                     property of the strata company in the person's
22                     possession or control to a specified person within a
23                     specified period (being a period that is reasonable in
24                     the circumstances).
25               (2)   A person commits an offence if the person fails,
26                     without reasonable excuse to deliver property in the
27                     person's possession or control as required by the
28                     notice.
29                     Penalty for this subsection: a fine of $3 000.
30               (3)   A person cannot exercise any claim or lien against or
31                     on the property of a strata company that the person is



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1                  required, under this section, to deliver to the strata
2                  company.

3                             Subdivision 2 -- Insurance

4    97.           Required insurance
5          (1)     A strata company must ensure that the following
6                  insurance is in place for the strata titles scheme --
7                    (a) all insurable assets of the scheme must be
8                          insured against fire, storm and tempest
9                          (excluding damage by sea, flood or erosion),
10                         lightning, explosion and earthquake --
11                            (i) to replacement value; or
12                           (ii) to replacement value up to, for an event
13                                 of a specified kind, a maximum amount
14                                 specified in the contract of insurance
15                                 that is a reasonable limitation in the
16                                 circumstances;
17                         and
18                   (b) the strata company must be insured against
19                         damage to property, death, bodily injury or
20                         illness for which the strata company could
21                         become liable in damages to an amount of not
22                         less than $10,000,000 or, if some other amount
23                         is determined under the regulations, that
24                         amount.
25                 Note for this subsection:
26                 1.     The owner of a lot in a survey-strata scheme is responsible
27                        for insurance of the kind referred to in paragraph (a) for
28                        infrastructure on the lot.
29                 2.     The owner of a lot is responsible for insurance of the kind
30                        referred to in paragraph (b) for damages for which the
31                        owner could become liable.

32         (2)     However, if a strata company has taken all reasonably
33                 practicable steps available to it to obtain the required


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1                     insurance but no insurer is willing to enter into a
2                     contract of insurance on reasonable terms that meets
3                     the requirements, the strata company must obtain
4                     whatever insurance it can obtain on reasonable terms
5                     that most closely meets the requirements.
6               (3)   The Tribunal may, on application by a strata company,
7                     exempt it from compliance with this section subject to
8                     conditions specified in the exemption.
9               (4)   A strata company may enter into a contract of
10                    insurance relating to the insurable assets of its strata
11                    titles scheme and execute documents relating to the
12                    contract in its own name, as if it were the owner of the
13                    assets.
14              (5)   Subject to subsection (6), if a strata company receives
15                    money from an insurer in the event of damage to or
16                    destruction of an insurable asset of the strata titles
17                    scheme, that money must be applied by the strata
18                    company in rebuilding, replacing, repairing or restoring
19                    the insurable asset so far as that may lawfully be done.
20              (6)   Subsection (5) does not apply if --
21                     (a) the strata titles scheme is a survey-strata
22                           scheme; and
23                     (b) the strata company passes a resolution without
24                           dissent --
25                             (i) determining that a specified part or all
26                                   of the money is not to be used for the
27                                   purposes of rebuilding, replacing,
28                                   repairing or restoring the insurable asset
29                                   of the strata titles scheme; and
30                            (ii) specifying how that money is to be
31                                   distributed amongst members of the
32                                   strata company or used;
33                           and


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1                    (c)     the insurable asset of the strata titles scheme or,
2                            if the insurable asset has been destroyed or
3                            removed, the area affected by the damage or
4                            destruction, is left in a safe condition.
5          (7)     Nothing in this section derogates from --
6                   (a) any other requirement imposed on a strata
7                         company to obtain insurance (for example, for
8                         workers' compensation or by resolution of the
9                         strata company); or
10                  (b) the power of the strata company to obtain other
11                        insurance in its capacity as a body corporate.
12                 Note for this section:
13                         Schedule 2A contains special provisions for a single tier
14                         strata scheme for the required insurance.

15   98.           Notice to member of strata company
16         (1)     If it is reasonably necessary in order for a strata
17                 company to obtain the required insurance on
18                 reasonable terms, the strata company may give written
19                 notice to a member of the strata company requiring the
20                 member to do 1 or more of the following --
21                   (a) to take specified action within a specified
22                           period;
23                   (b) to refrain from taking specified action;
24                   (c) to pay a specified amount to the strata company
25                           within a specified period, being an amount
26                           equal to that part of the premium payable by the
27                           strata company for the required insurance
28                           attributable solely to the risk associated with
29                           something within the member's control.
30         (2)     A member of a strata company given such a notice may
31                 negotiate with the strata company to take some step
32                 other than that specified in the notice to enable the



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1                      required insurance to be obtained by the strata
2                      company on reasonable terms.
3                (3)   The strata company must negotiate with the member
4                      with a view to achieving a fair and reasonable
5                      outcome.

6          99.         Member may obtain required insurance
7                (1)   If a strata company fails to comply with section 97, a
8                      member of the strata company may effect and
9                      maintain, in the name of the strata company, such
10                     insurance as the strata company ought to effect and
11                     maintain under that section.
12               (2)   Costs incurred by a member of a strata company under
13                     subsection (1) may be recovered, on application to the
14                     Tribunal, as a debt owed to the member by the strata
15                     company.
16               (3)   A member of a strata company may accept, at the
17                     option of the member, a credit against contributions or
18                     other amounts owed by the member to the strata
19                     company in full or partial satisfaction of the amount
20                     owed under subsection (2).

21                       Subdivision 3 -- Financial management

22         101.        Accounting records and statement of accounts
23               (1)   A strata company must keep proper accounting records
24                     of its income and expenditure.
25               (2)   A strata company must prepare a statement of accounts
26                     for each financial year showing --
27                       (a) the assets and liabilities of the strata company
28                             at the end of the financial year; and
29                       (b) the income and expenditure of the strata
30                             company for the financial year.


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1    102.      Budget
2      (1)     A strata company must prepare a budget for each
3              financial year and submit it for approval to its annual
4              general meeting.
5      (2)     The budget must be prepared --
6               (a) taking into account, if applicable, the 10 year
7                     plan for the reserve fund; and
8               (b) in accordance with any requirements set out in
9                     the regulations and the scheme by-laws.
10     (3)     The strata company may, by ordinary resolution at its
11             annual general meeting or at a subsequent general
12             meeting, approve a budget with or without
13             modification.
14     (4)     The strata company may, by ordinary resolution, vary
15             its approved budget.
16     (5)     If a budget or a variation of a budget provides for
17             expenditure on common property under section 91(2)
18             (other than expenditure on sustainability infrastructure)
19             exceeding an amount determined under the
20             regulations --
21               (a) information regarding that expenditure must be
22                     provided to the members of the strata company
23                     as required by the regulations; and
24               (b) the budget or variation must be approved by
25                     special resolution.
26     (6)     A strata company must not make any expenditure that
27             is not authorised by an approved budget except for
28             expenditure as follows --
29               (a) expenditure of an amount not exceeding, in a
30                     financial year, for each lot in the strata titles
31                     scheme --



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1                               (i)   the amount fixed by the strata company
2                                     by special resolution; or
3                               (ii) if the strata company has not fixed the
4                                     amount by special resolution, the
5                                     amount fixed by the regulations;
6                      (b)    expenditure (not being of the kind referred to in
7                             subsection (5)) made on the following
8                             conditions being met --
9                                (i) notice in the approved form of the
10                                    purpose and amount of a proposed
11                                    expenditure is given to the owners and
12                                    first mortgagees of all lots in the strata
13                                    titles scheme; and
14                              (ii) if the regulations so require, quotations
15                                    or tenders for the expenditure are
16                                    submitted to those owners and first
17                                    mortgagees; and
18                             (iii) within 14 days after the requirements in
19                                    the preceding subparagraphs are met,
20                                    objection to the proposed expenditure
21                                    has not been notified in writing to the
22                                    strata company by the owners or first
23                                    mortgagees of --
24                                         (I) 25% or more of the lots in the
25                                              scheme; or
26                                        (II) lots of which the total unit
27                                              entitlement is 25% or more of
28                                              the sum of the unit entitlements
29                                              of all the lots in the scheme;
30                      (c)   expenditure required by a court or tribunal or
31                            by a notice or order given under a written law
32                            to the strata company.
33              (7)   For subsection (6)(b), if an objection is notified under
34                    subsection (6)(b)(iii) by a first mortgagee of a lot, an


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1              objection notified by the owner of that lot must be
2              disregarded.
3      (8)     This section has effect subject to any regulations or
4              scheme by-laws that require a special resolution,
5              resolution without dissent or unanimous resolution or
6              other steps to be taken for expenditure of a particular
7              class.

8       Subdivision 4 -- Representation and judgment debts

9             Subdivision 5 -- Records and correspondence

10   104.      Records and correspondence
11     (1)     A strata company must --
12              (a) keep a copy of each of the following --
13                        (i) the current scheme documents;
14                       (ii) any proposed amendments of the
15                             scheme documents of which it is aware
16                             and that remain current;
17                     and
18              (b) make and keep for a period fixed by the
19                     regulations --
20                        (i) minutes of its general meetings and
21                             meetings of its council; and
22                       (ii) records of its resolutions and decisions
23                             of its council; and
24                      (iii) such other records as are required by the
25                             regulations;
26                     and
27              (c) keep for a period fixed by the regulations --
28                        (i) records and statements of account made
29                             or kept under section 101; and



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1                              (ii)   notices of its general meetings and
2                                     meetings of its council; and
3                             (iii)   notices of proposed resolutions and
4                                     material submitted to members of the
5                                     strata company in connection with
6                                     proposed resolutions; and
7                             (iv)    notices of disclosures made under
8                                     section 79, 145(2) or 147; and
9                              (v)    all correspondence, other notices and
10                                    orders it or its council sends or receives;
11                                    and
12                            (vi)    each lease accepted under section 92
13                                    and any instrument of surrender of such
14                                    a lease; and
15                           (vii)    a copy of each contract entered into by
16                                    the strata company and any variation,
17                                    extension or termination of such a
18                                    contract, including (without limitation)
19                                    the following --
20                                        (I) a strata management contract;
21                                       (II) an insurance contract;
22                                      (III) an infrastructure contract for a
23                                              common property (utility and
24                                              sustainability infrastructure)
25                                              easement;
26                                      (IV) a contract for services or
27                                              amenities provided to the strata
28                                              company or members of the
29                                              strata company;
30                                    and
31                           (viii)   each lease, licence or other document
32                                    granting a special privilege over the
33                                    common property (other than exclusive
34                                    use by-laws); and

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1                     (ix)   each key document it has received; and
2                      (x)   each document it has kept or received
3                            under section 63(8) or (9);
4                     and
5              (d)    keep the following in a manner that facilitates
6                     access to the information, in particular, for use
7                     by the members of the council and officers of
8                     the strata company --
9                        (i) the terms of any current resolution about
10                            the use of the common seal of the strata
11                            company or authorising persons to
12                            execute documents on its behalf;
13                      (ii) the current balance of the administrative
14                            fund and, if applicable, the reserve fund
15                            of the strata company;
16                     (iii) the current budget (showing estimated
17                            income and expenditure) of the strata
18                            company;
19                     (iv) the terms of the most recent resolution
20                            determining contributions, the period
21                            for which they are determined, the basis
22                            on which the contributions are
23                            apportioned amongst the members of
24                            the strata company and the date on
25                            which they fall due;
26                      (v) the most recent 10 year plan, if
27                            applicable;
28                     (vi) any termination proposal submitted to
29                            the strata company that remains current.
30   (2)     The regulations may impose additional requirements
31           for the making or keeping of records by a strata
32           company or about the manner in which this section is
33           to be complied with.


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1               (3)   A strata company must ensure that --
2                      (a) a letterbox with the name of the strata company
3                             clearly shown on it is continuously available
4                             and suitably placed on the parcel; and
5                      (b) a mechanism for corresponding with the strata
6                             company electronically is reasonably available
7                             to --
8                                (i) members of the strata company; and
9                               (ii) occupiers of lots in the strata titles
10                                    scheme.

11         106.       Address for service if no roll maintained in 2, 3, 4 or
12                    5-lot scheme
13              (1)   If, in accordance with section 140, a roll is not
14                    maintained by a strata company for a 2, 3, 4 or 5-lot
15                    scheme, the owner of a lot in the scheme must give
16                    written notice to the strata company and the owner of
17                    each other lot of the owner's address for service.
18                    Penalty for this subsection: a fine of $3 000.
19              (2)   If, on a change of ownership, the owner of a lot in a
20                    scheme for which a roll is not maintained notifies an
21                    address for service to the strata company and the owner
22                    of each other lot, each of the other owners must give
23                    written notice to the new owner of their respective
24                    addresses for service.
25                    Penalty for this subsection: a fine of $3 000.

26                     Subdivision 6 -- Provision of information

27         107.       Application by person with proper interest in
28                    information
29              (1)   A person with a proper interest in information about a
30                    strata titles scheme, or a person authorised in writing



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1              by such a person, may apply in writing to the strata
2              company for the scheme for --
3                (a) information under section 108; or
4                (b) inspection of material under section 109; or
5                (c) a certificate under section 110.
6      (2)     A person has a proper interest in information about a
7              strata titles scheme if the person is --
8                (a) a member of the strata company for the
9                       scheme; or
10               (b) a buyer who has entered into a contract for the
11                      sale and purchase of a lot in the strata titles
12                      scheme; or
13               (c) a mortgagee of a lot in the strata titles scheme;
14                      or
15               (d) a person of a class specified in the regulations.
16     (3)     A strata company may charge a fee for an application
17             under this section.
18     (4)     However, any fee that is charged must not exceed an
19             amount fixed by the regulations.

20   108.      Contact information
21             A strata company commits an offence if it does not,
22             within 14 days after being given an application for
23             contact information under section 107, provide the
24             applicant with the following as stated in the
25             application --
26               (a) the name and address for service of a member
27                     of the council of the strata company;
28               (b) the name and address for service of an officer
29                     of the strata company;
30             Penalty: a fine of $3 000.



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1          109.       Inspection of material
2               (1)   A strata company commits an offence if, on application
3                     for inspection under section 107, it does not make
4                     material to which this section applies available for
5                     inspection by the applicant at a place and time --
6                       (a) agreed between the strata company and the
7                             person; or
8                       (b) if agreement is not reached within 3 days after
9                             the strata company is given the application,
10                            specified in a written notice given by the strata
11                            company to the person.
12                    Penalty for this subsection: a fine of $3 000.
13              (2)   The time specified in a notice under subsection (1)(b)
14                    must be between 9am and 5pm on a day not more than
15                    10 days after the strata company is given the
16                    application.
17              (3)   The material may be made available in electronic or
18                    hard copy form.
19              (4)   A person inspecting material under this section --
20                     (a) may take extracts from, or make a copy of, the
21                           material, including by photographing it, subject
22                           to any limitations specified in the regulations;
23                           and
24                     (b) must not, without the consent of the strata
25                           company, remove physical material from the
26                           custody of the strata company; and
27                     (c) must not alter, damage, conceal or destroy any
28                           material or entry.
29              (5)   The strata company may, but is not obliged to, provide
30                    a copy of any material at the request of the applicant,
31                    and, if it does so, it may charge a fee for the copy of an



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1              amount not exceeding an amount fixed by the
2              regulations.
3      (6)     This section applies to the following --
4               (a) material kept under section 104;
5               (b) the roll kept under section 105;
6               (c) other documents in the possession or control of
7                     the strata company.

8    110.      Certificates
9      (1)     A strata company commits an offence if it does not,
10             within 14 days after being given an application for a
11             certificate under section 107, provide the applicant
12             with a certificate certifying, as at the date of the
13             certificate, the following matters as stated in the
14             application --
15               (a) whether or not a strata management contract is
16                      in effect and, if so, when the contract starts and
17                      ends;
18               (b) details of any contracts of insurance maintained
19                      by the strata company, including the name of
20                      the insurer, the contract number, the type and
21                      amount of cover, and the expiry day;
22               (c) whether any transfer, lease or other disposition
23                      has been entered into or exclusive use by-laws
24                      have been made in favour of a person over the
25                      common property but not registered by the
26                      Registrar of Titles, and, if so, the name of the
27                      person and the nature and effect of the
28                      transaction or by-laws.
29             Penalty for this subsection: a fine of $3 000.
30     (2)     A strata company commits an offence if it does not,
31             within 14 days after being given an application for a
32             certificate under section 107, provide the applicant
33             with a certificate certifying, as at the date of the

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1                     certificate, the following matters as they relate to a lot
2                     specified in the application --
3                       (a) the amount and due date of contributions
4                              determined for the lot --
5                                 (i) at the most recent annual general
6                                      meeting of the strata company; and
7                                (ii) at any time subsequent to that meeting;
8                                      and
9                               (iii) in the previous 12 months;
10                      (b) any amount owed to the strata company by the
11                             owner or occupier of the lot that is outstanding,
12                             the date on which it became outstanding, and
13                             the nature of the payment;
14                    Note for this paragraph:
15                            For example, the amount may be an amount of --
16                            •    contributions; or
17                            •    an amount payable under exclusive use by-laws; or
18                            •    an amount payable for work undertaken on the part of
19                                the owner of the lot; or
20                            •    any penalty or other amount ordered to be paid by the
21                                Tribunal; or
22                            •    any amount payable for utility services or other services
23                                or amenities.
24                      (c)  the rate of interest payable in respect of the
25                           outstanding amount.
26                    Penalty for this subsection: a fine of $3 000.
27              (3)   A certificate under this section is conclusive evidence
28                    of the matters stated in the certificate, as at the date of
29                    the certificate, in favour of a person taking an estate or
30                    interest in a lot for valuable consideration.




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1    111.      Legal professional privilege and defamation
2      (1)     Nothing in this Subdivision requires a strata
3              company --
4                (a) to give or certify any information that is the
5                     subject of legal professional privilege; or
6                (b) to make available a document or a part of a
7                     document if that would disclose information
8                     that is the subject of legal professional
9                     privilege.
10     (2)     It is a defence to an action for defamation if the
11             defendant proves that --
12                (a) the defamatory matter was contained in
13                      information or a document mentioned in this
14                      Subdivision; and
15               (b) the publication consisted of giving or certifying
16                      the information, or making the document
17                      available, in accordance with this Subdivision.

18                Subdivision 7 -- Miscellaneous powers

19   112.      Compliance with scheme by-laws
20             A strata company has the function of complying with
21             the scheme by-laws and monitoring compliance with
22             those by-laws by others to whom they apply.

23   113.      Enforcement of road laws
24             A strata company may enter into a contract or
25             arrangement with a local government about the
26             enforcement of laws relating to roads on the parcel.

27   114.      Enforcement of local laws
28             A strata company may enter into a contract or
29             arrangement with a local government about the
30             enforcement of a local law on the parcel.

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1                             Subdivision 8 -- Limitations

2          117.       Limitations on exercise of powers
3               (1)   A strata company must not --
4                      (a) acquire or dispose of land, or an interest in
5                             land, except as authorised under section 92 or
6                             93; or
7                      (b) mortgage common property; or
8                      (c) act as a guarantor; or
9                      (d) establish a corporation or subsidiary of a
10                            corporation; or
11                     (e) engage in an activity that a strata company
12                            must not engage in under the regulations.
13              (2)   A strata company must not, except as authorised by
14                    resolution without dissent, perform or exercise a
15                    function that the regulations allow to be exercised only
16                    as authorised by resolution without dissent.

17         118.       Common seal and execution of documents
18              (1)   If a strata company has a common seal --
19                      (a) the seal may be used only as authorised by
20                             ordinary resolution of the strata company; and
21                      (b) its use must be attested by the signatures of 2
22                             members of the council of the strata company.
23              (2)   A strata company may, by ordinary resolution,
24                    authorise any of the following to execute documents on
25                    its behalf subject to any conditions or limitations
26                    specified in the resolution --
27                       (a) a member of the council of the strata company;
28                            or
29                      (b) members of the council of the strata company
30                            acting jointly; or


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1                (c)    a strata manager of the strata company.
2      (3)     A document is duly executed by a strata company if --
3               (a) the common seal of the strata company is
4                    applied to it in accordance with this section; or
5               (b) the document is signed on behalf of the strata
6                    company by a person or persons in accordance
7                    with an authority conferred under this section.
8      (4)     For a document in an electronic form that bears a
9              facsimile of the common seal and a facsimile of the
10             signatures required to attest its use, the sealed
11             document as it appears electronically, or as it appears
12             when printed on paper, has the same effect as if the
13             common seal had been applied and attested in
14             accordance with this section, unless there is evidence
15             that the document was not executed by the strata
16             company.

17                       Division 2 -- Objectives
18   119.      Objectives
19     (1)     In performing its functions, a strata company is to have
20             the objective of implementing processes and achieving
21             outcomes that are not, having regard to the use and
22             enjoyment of lots and common property in the strata
23             titles scheme --
24                (a) unfairly prejudicial to or discriminatory against
25                      a person; or
26                (b) oppressive or unreasonable.
27     (2)     In achieving that objective, a strata company --
28               (a) must take into account any failure of a person
29                     to act consistently with this Act or the scheme
30                     by-laws; and



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1                      (b)     must consider the merits of any proposal put to
2                              it and the options that are reasonably available
3                              in any particular circumstances; and
4                       (c)    must be aware that --
5                                 (i) a resolution or other conduct may be
6                                      overturned for failure to meet that
7                                      objective despite the fact that it reflects
8                                      the will of the majority of members of
9                                      the strata company as expressed through
10                                     the exercise of their voting powers; and
11                               (ii) the fact that a person has chosen to
12                                     become the owner of a lot does not
13                                     prevent the person challenging the
14                                     performance of a function for failure to
15                                     meet that objective.
16              (3)   Without limitation, a strata company acts oppressively
17                    or unreasonably in passing or not passing a resolution
18                    if --
19                       (a) the resolution would not have been passed, or
20                            not have been passed as a particular type of
21                            resolution, but for the fact that a person was
22                            improperly denied a vote on the resolution; or
23                      (b) the resolution would have been passed, or
24                            would have been passed as a particular type of
25                            resolution, if a person had properly been given
26                            an opportunity to vote on the resolution.

27                              Division 3 -- Procedures
28                      Subdivision 1 -- Voting and resolutions

29         120.       Voting
30              (1)   The owner of each lot in a strata titles scheme is
31                    entitled to 1 vote on a proposed resolution of the strata
32                    company.

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1    (2)     However, the owner of a lot is not entitled to cast the
2            vote attached to the lot if --
3              (a) the resolution is not required to be a unanimous
4                    resolution or a resolution without dissent and is
5                    not a resolution for postponing the expiry day
6                    for a leasehold scheme or a termination
7                    resolution; and
8             (b) there is an outstanding amount recoverable
9                    under this Act owed to the strata company by
10                   the owner of the lot.
11   (3)     A proposed resolution can be put to the members of a
12           strata company --
13             (a) at a general meeting; or
14             (b) outside of a general meeting.
15   (4)     A resolution can be proposed only by a member of the
16           strata company who is entitled to vote on the
17           resolution.
18   (5)     The vote attached to a lot can, and can only, be cast, if
19           at the time it is cast, the person is entitled to cast the
20           vote attached to the lot.
21   (6)     The owner of a lot may cast the vote attached to the lot
22           in person or by duly appointed proxy.
23   (7)     However, if a vote is taken at a general meeting at
24           which both the owner of a lot and a proxy entitled to
25           cast the vote attached to the lot are present and the
26           owner is not a co-owner of the lot, the owner of the lot
27           must cast the vote.
28   (8)     The voting system, whether it is electronic or by other
29           means, must --
30            (a) enable votes to be cast in a manner designed to
31                  protect the integrity of the voting system; and



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1                      (b)   comply with any requirements specified in the
2                            regulations.

3          121.       Voting period
4               (1)   If a resolution is required to be a unanimous resolution,
5                     resolution without dissent or special resolution, the
6                     period allowed for voting must be 28 days or, if the
7                     regulations specify some other period, that period.
8               (2)   If a vote on a resolution that is required to be a
9                     unanimous resolution, resolution without dissent or
10                    special resolution is taken at a general meeting --
11                      (a) the voting period opens at the meeting and
12                            closes 28 days (or if the regulations specify
13                            some other period, that period) after the
14                            meeting; and
15                      (b) if, for 1 or more lots, there was no-one present
16                            at the meeting in person or by proxy who could
17                            cast the vote attached to the lot -- written
18                            notice of the outcome of the vote at the meeting
19                            is given to the owner of each such lot; and
20                      (c) if the vote for a lot was not cast at a meeting,
21                            the vote may be cast by written notice to the
22                            strata company before the voting period closes.

23         122.       Counting of votes
24              (1)   Votes are to be counted (and recorded) as follows --
25                     (a) for a unanimous resolution or a resolution
26                           without dissent, the votes must be counted by
27                           the number of votes cast;
28                     (b) for a special resolution, the votes must be
29                           counted both by the number of votes cast and
30                           by the number of unit entitlements of the lots
31                           for which votes are cast;



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1                (c)    for an ordinary resolution, the votes must be
2                       counted by the number of votes cast unless any
3                       person entitled to cast a vote demands that they
4                       be counted by the number of unit entitlements
5                       of the lots for which votes are cast, in which
6                       case, they must be counted in that manner.
7      (2)     A demand that a vote be counted by the number of unit
8              entitlements of the lots for which votes are cast can be
9              made --
10               (a) if the vote is being taken at a general meeting,
11                     orally or in writing before the resolution is put
12                     to the vote; and
13               (b) if the vote is being taken outside of a general
14                     meeting, when the vote is cast.
15     (3)     Such a demand may only be withdrawn by the person
16             who made the demand.

17   123.      Resolutions
18     (1)     A resolution of a strata company is a unanimous
19             resolution if --
20               (a) 14 days' notice of the terms of the proposed
21                     resolution is given to each member of the strata
22                     company before voting on the resolution opens;
23                     and
24               (b) the vote attached to each lot in the scheme is
25                     cast in favour of the resolution.
26     (2)     Subject to subsection (3), a resolution of a strata
27             company is a resolution without dissent if --
28               (a) 14 days' notice of the terms of the proposed
29                    resolution is given to each member of the strata
30                    company before voting on the resolution opens;
31                    and



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1                      (b)   no vote attached to a lot in the scheme is cast
2                            against the resolution.
3               (3)   For a 2-lot scheme, a resolution is only to be regarded
4                     as a resolution without dissent if it is a unanimous
5                     resolution.
6               (4)   Subject to subsections (5) and (6), a resolution of a
7                     strata company is a special resolution if --
8                       (a) 14 days' notice of the terms of the proposed
9                             resolution is given to each member of the strata
10                            company before voting on the resolution opens;
11                            and
12                      (b) the votes in favour of the resolution equal --
13                              (i) when counted by number -- not less
14                                    than 50% of the number of lots in the
15                                    scheme; and
16                             (ii) when counted by unit entitlements --
17                                    not less than 50% of the unit
18                                    entitlements of the lots in the scheme;
19                            and
20                      (c) the votes against the resolution equal --
21                              (i) when counted by number -- less than
22                                    25% of the number of lots in the
23                                    scheme; and
24                             (ii) when counted by unit entitlements --
25                                    less than 25% of the unit entitlements of
26                                    the lots in the scheme.
27              (5)   For a 2-lot scheme, a resolution is only to be regarded
28                    as a special resolution if it is a unanimous resolution.
29              (6)   For a 3, 4 or 5-lot scheme, a resolution of the strata
30                    company is a special resolution if --
31                      (a) 14 days' notice of the terms of the proposed
32                            resolution is given to each member of the strata


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1                      company before voting on the resolution opens;
2                      and
3              (b)     the votes in favour of the resolution equal--
4                         (i) when counted by number --
5                                  (I) for a 3-lot scheme -- not less
6                                       than 2; and
7                                 (II) for a 4-lot scheme -- not less
8                                       than 3; and
9                               (III) for a 5-lot scheme -- not less
10                                      than 4;
11                            and
12                       (ii) when counted by unit entitlements --
13                            not less than 50% of the unit
14                            entitlements of the lots in the scheme.
15   (7)     A resolution of a strata company is an ordinary
16           resolution if --
17             (a) 14 days' notice of the terms of the proposed
18                   resolution is given to each member of the strata
19                   company before voting on the resolution opens;
20                   and
21             (b) it is passed when counted as required under
22                   section 122 (1)(c) --
23                     (i) by number -- by more than 50% of the
24                           number of lots for which votes are cast;
25                           or
26                    (ii) by unit entitlements -- by more than
27                           50% of the sum of the unit entitlements
28                           of the lots in the scheme for which votes
29                           are cast.
30           Note for this subsection:
31                   For an ordinary resolution, the question is determined
32                   against the resolution on an equal number of votes whether
33                   counted by number or by unit entitlements.



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1          124.       Voting by proxy
2               (1)   An instrument appointing a proxy to cast a vote must
3                     be in writing and executed by the appointer or the
4                     appointer's attorney.
5               (2)   Subject to any limitations expressed in the instrument
6                     of appointment, the appointment of a proxy is for all
7                     general meetings and for all purposes.
8               (3)   The instrument of appointment of a proxy may limit
9                     the appointment --
10                      (a) to a specified general meeting or to voting on a
11                           specified resolution; or
12                      (b) to general meetings held, or votes taken, within
13                           a specified period; or
14                      (c) to a specified purpose; or
15                      (d) in any other specified way.
16              (4)   A proxy may be, but is not required to be, a member of
17                    the strata company.
18              (5)   The regulations may impose limitations on a strata
19                    manager being appointed as a proxy, including
20                    limitations as to the number of lot owners or unit
21                    entitlements of lots for which a strata manager may be
22                    appointed as a proxy.

23         125.       Disqualification from voting as proxy
24              (1)   If a member of a strata company who is an individual
25                    and sole owner of a lot is present at a general meeting
26                    of the strata company, the member must cast the vote
27                    for the lot personally rather than by proxy.
28              (2)   A person must not vote as a proxy of another person on
29                    a resolution relating to the provision of goods, amenity
30                    or service to the strata company if the person so voting
31                    (the proxy) has a direct or indirect pecuniary or other

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1              interest in the provision of the goods, amenity or
2              service.
3      (3)     Subsection (2) does not apply if --
4               (a) notice of the proposed resolution included, if
5                     applicable, the particulars described in
6                     subsection (4); and
7               (b) the instrument appointing the proxy expressly
8                     authorises the proxy to vote on the resolution
9                     and specifies whether the proxy is to vote for or
10                    against it.
11     (4)     If the resolution relates to the strata company making,
12             varying or extending a strata management contract, the
13             notice of the resolution must specify --
14               (a) the name of the strata manager; and
15               (b) when the proposed contract, or the contract as
16                      proposed to be varied or extended (as the case
17                      may require) is to start and end; and
18               (c) each proposed variation, if applicable; and
19               (d) the remuneration that is payable under the
20                      contract or the way in which the remuneration
21                      that is payable under the contract is to be
22                      calculated.

23   126.      Exercise of voting power in certain cases
24             The entitlement of the owner of a lot to vote on a
25             proposed resolution is subject to the following --
26               (a) if the lot is subject to a registered mortgage --
27                       (i) the first mortgagee of the lot may, in
28                            person or by proxy, cast the vote on
29                            behalf of the owner of the lot; and
30                      (ii) the owner may cast the vote if the first
31                            mortgagee does not do so;
32                    and

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1                       (b)   in any event --
2                                (i) if the owner of the lot has not attained
3                                     18 years of age, the owner may not cast
4                                     the vote but the owner's guardian may
5                                     do so on behalf of the owner; and
6                               (ii) if the owner of the lot is, for any reason,
7                                     unable to control the owner's property,
8                                     the person who is, for the time being,
9                                     authorised by law to control the owner's
10                                    property may cast the vote on behalf of
11                                    the owner; and
12                             (iii) if there are co-owners of the lot, the
13                                    co-owners may only cast the vote
14                                    through jointly appointing a single
15                                    proxy (who may be 1 of the co-owners).

16                    Subdivision 2 -- Meetings of strata company

17         127.       Annual general meetings of strata company
18              (1)   A strata company must hold an annual general meeting
19                    once in each 12 month period and not more than
20                    15 months after its previous annual general meeting.
21              (2)   Subsection (1) does not apply to a strata company for a
22                    2-lot scheme but a strata company for a 2-lot scheme
23                    may make by-laws having the same effect as
24                    subsection (1).
25              (3)   The following matters must be included as an item of
26                    business on the agenda for each annual general meeting
27                    of a strata company (including the first annual general
28                    meeting) --
29                      (a) election of council members;
30                      (b) consideration of accounts;




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1                (c)    the presentation of copies of certificates and
2                       schedules for the insurance required under this
3                       Act, current as at the date of the meeting.
4      (4)     All business transacted at an annual general meeting
5              other than that referred to in subsection (3) is taken to
6              be special business.

7    128.      Extraordinary general meetings of strata company
8      (1)     An extraordinary general meeting of a strata company
9              is a general meeting of the strata company other than
10             an annual general meeting.
11     (2)     An extraordinary general meeting of a strata
12             company --
13               (a) may be convened by the council of the strata
14                    company as the council thinks fit; and
15               (b) must be convened by the council of the strata
16                    company on the written request of owners
17                    entitled to 25% or more of the unit entitlements
18                    of the lots in the strata titles scheme.
19     (3)     The owners making a request under subsection (2)(b),
20             or any of them holding more than 50% of the unit
21             entitlements of the lots in the strata titles scheme, may
22             convene an extraordinary general meeting if the
23             council does not, within 21 days after the request was
24             made, take steps to convene the meeting.
25     (4)     To the extent practicable, a meeting referred to in
26             subsection (3) must be convened in the same manner as
27             that in which meetings are to be convened by the
28             council.
29     (5)     A meeting convened under subsection (3) must not be
30             held after the expiration of the period of 3 months
31             starting on the day on which the request was made.



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1               (6)   All business transacted at an extraordinary general
2                     meeting is taken to be special business.

3          129.       Notice requirements for all general meetings
4               (1)   All owners of lots in a strata titles scheme and first
5                     mortgagees of those lots must be given at least
6                     14 days' notice of every general meeting of the strata
7                     company for the scheme.
8               (2)   The notice must include --
9                      (a) the date, time and venue of the meeting; and
10                     (b) for an annual general meeting, notice of each
11                           item of business referred to in section 127(3);
12                           and
13                     (c) for special business, notice of the general
14                           nature of that business; and
15                     (d) notice of each method of voting, whether by
16                           means of an electronic communication or
17                           otherwise, that is acceptable to the strata
18                           company.
19              (3)   Accidental omission to give notice of a general
20                    meeting to the owner or first mortgagee of a lot or
21                    non-receipt of the notice by the owner or first
22                    mortgagee of a lot does not invalidate any proceedings
23                    at the meeting.
24              (4)   The owner of a lot may give written notice to a
25                    member of the council of the strata company of an item
26                    of business that the owner requires to be included on
27                    the agenda for a general meeting of the strata company
28                    and that item must be included on the agenda for the
29                    meeting and notice must be given of that item as an
30                    item of special business under subsection (2)(c).




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1    130.      Quorum at general meetings
2      (1)     No business may be transacted at a general meeting
3              unless a quorum is present at the time when the
4              meeting proceeds to business.
5      (2)     At a general meeting of a strata company for a 2-lot
6              scheme, a quorum is constituted if there are present
7              persons who are entitled to cast the vote attached to
8              each of the lots.
9      (3)     At a general meeting of a strata company for a strata
10             titles scheme other than a 2-lot scheme, a quorum is
11             constituted if there are present persons who are entitled
12             to cast the votes attached to 50% of the lots in the
13             scheme.
14     (4)     If a quorum is not present after 30 minutes has elapsed
15             from the time appointed for a general meeting of a
16             strata company for a strata titles scheme other than a
17             2-lot scheme, the persons entitled to vote who are
18             present at the meeting are taken to constitute a quorum
19             for the purposes of that meeting.
20     (5)     A person who is a proxy of a person entitled to cast the
21             vote attached to a lot is to be counted for the purposes
22             of determining whether a quorum is present.

23   131.      Holding meetings remotely
24     (1)     A person (including a proxy of a member of a strata
25             company) may, in accordance with any requirements of
26             the scheme by-laws, attend, and vote, at a meeting of a
27             strata company by telephone, video link, internet
28             connection or similar means of remote communication
29             (provided that provision of relevant facilities does not
30             place an unreasonable burden on the strata company).
31     (2)     A person attending a meeting by remote
32             communication is taken to be present at the meeting.


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1          132.       Conducting business at general meetings
2               (1)   A general meeting may be adjourned by the
3                     chairperson, with the consent of the meeting, from time
4                     to time and from place to place but no business may be
5                     transacted at an adjourned meeting other than the
6                     business left unfinished at the meeting from which the
7                     adjournment took place.
8               (2)   A person is not entitled to move a motion at a general
9                     meeting or to nominate a candidate for election as a
10                    member of the council unless the person is entitled to
11                    vote on the motion or at the election.

12         133.       Resolutions of general meetings
13                    Resolutions passed at a general meeting may be
14                    ordinary resolutions unless this Act requires otherwise.

15         134.       Performance of restricted council functions in
16                    general meeting
17                    If, by ordinary resolution of a strata company, the
18                    council of the strata company is prohibited from
19                    performing a function, the function may be performed
20                    by the owners of lots in general meeting of the strata
21                    company.

22                              Division 4 -- Councils
23         137.       Council members: general duties and conflicts of
24                    interest
25              (1)   This section applies to a person who is --
26                     (a) a member of the council of a strata company
27                           (including when acting as an officer of the
28                           strata company); or
29                     (b) an individual authorised under section 136(2)
30                           by a corporation to perform the corporation's


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1                     functions as a member of the council, or an
2                     officer, of a strata company.
3    (2)     A person to whom this section applies --
4             (a) must at all times act honestly, with loyalty and
5                   in good faith in the performance of functions as
6                   a member of the council or an officer of the
7                   strata company; and
8             (b) must at all times exercise the degree of care and
9                   diligence in the performance of those functions
10                  that a reasonable person in the person's position
11                  and the circumstances of the strata company
12                  would reasonably be expected to exercise; and
13            (c) must not make improper use of the person's
14                  position --
15                     (i) to gain, directly or indirectly, an
16                          advantage for the person or any other
17                          person; or
18                    (ii) to cause detriment to the strata
19                          company.
20   (3)     A person to whom this section applies --
21            (a) must inform the council in writing of any direct
22                  or indirect pecuniary or other interest that the
23                  person has that conflicts or may conflict with
24                  the performance of a function as a member of
25                  the council or, if applicable, as an officer of the
26                  strata company; and
27            (b) must do so as soon as is practicable after the
28                  person becomes aware of the relevant facts; and
29            (c) in the case of a member of the council, must not
30                  vote on a matter in which the member has an
31                  interest required to be disclosed under
32                  paragraph (a).



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1               (4)   Subsection (3) does not apply to an interest arising
2                     solely from the fact that the member is the owner of a
3                     lot in the scheme.

4                            Division 5 -- Miscellaneous
5          138.       Performance of council functions in general meeting
6                     if no council or quorum
7                     If, at any time, there is no council of a strata company
8                     or there are insufficient members of the council to
9                     constitute a quorum in accordance with the scheme
10                    by-laws, the functions of the council may be performed
11                    by the owners of the lots in general meeting of the
12                    strata company.

13         140.       Special rules for 2, 3, 4 or 5-lot schemes
14              (1)   A strata company for a 2-lot scheme --
15                     (a) may, but is not required to, perform a
16                            designated function; and
17                     (b) cannot establish an administrative fund unless
18                            required to do so by scheme by-laws.
19              (2)   The scheme by-laws for a 3, 4 or 5-lot scheme may
20                    exempt the strata company from a designated function.
21              (3)   However, the Tribunal may, on application by a
22                    member of the strata company, require a strata
23                    company to perform a designated function despite this
24                    section.




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1      (4)     In this section --
2              designated function means a function conferred under
3              any of the following sections or included in this
4              definition by the regulations --

                Section               Description for information only
                Section 100(1)(a)     Administrative fund
                Section 101           Accounting records and statement
                                      of account
                Section 104(1)(b)     Minutes of meetings
                Section 104(3)(a)     Letterbox
                Section 105(1)        Roll to be kept by strata company.

5    141.      Protection from liability
6      (1)     This section applies to a person who is or has been --
7               (a) a member of the council of a strata company
8                     (including when acting as an officer of the
9                     strata company); or
10              (b) an individual authorised under section 136(2)
11                    by a corporation to perform the corporation's
12                    functions as a member of the council, or an
13                    officer, of a strata company.
14     (2)     No civil liability attaches to a person to whom this
15             section applies for anything that the person has, in
16             good faith, done or omitted to be done --
17               (a) in the performance of a function under this Act
18                     or scheme by-laws; or
19               (b) in the reasonable belief that the act or omission
20                     was in the performance of a function under this
21                     Act or scheme by-laws.
22     (3)     A liability that would, but for subsection (2), attach to a
23             person attaches instead to the strata company.

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1          142.       Exclusion of Corporations Act
2                     The following matters are declared to be excluded
3                     matters for the purposes of the Corporations Act 2001
4                     (Commonwealth) section 5F in relation to the whole of
5                     the Corporations legislation to which Part 1.1A of that
6                     Act applies --
7                       (a) a strata company;
8                       (b) an act or omission of a person, body or other
9                             entity in relation to a strata company.

10                         Part 9 -- Strata managers
11         143.       Authorisation of functions of strata manager
12              (1)   A strata company may, subject to this Part, authorise a
13                    person (a strata manager) to perform a specified
14                    scheme function.
15              (2)   An authorisation under this section --
16                     (a) is subject to any conditions specified by the
17                           strata company; and
18                     (b) may be varied or revoked by the strata
19                           company.
20              (3)   If the performance of a function of a strata company
21                    requires a unanimous resolution, resolution without
22                    dissent, special resolution or ordinary resolution, the
23                    strata manager may perform the function only if a vote
24                    has been taken on a proposed resolution and it has been
25                    passed as a resolution of the relevant kind.
26              (4)   An Australian legal practitioner does not act as a strata
27                    manager in providing services that can, under the Legal
28                    Profession Act 2008, be provided only by an Australian
29                    legal practitioner.




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1    (5)     A strata manager cannot be authorised to perform any
2            of the following functions --
3              (a) authorising a person to perform a scheme
4                    function other than as an agent, employee or
5                    contractor of the strata manager;
6              (b) determining contributions;
7              (c) entering into a contract with another strata
8                    manager, varying, extending or terminating
9                    such a contract or making a decision relating to
10                   such a contract or the meaning of such a
11                   contract;
12             (d) terminating a contract for services or amenities
13                   under section 115;
14             (e) commencing proceedings on behalf of the strata
15                   company in the Tribunal or in a court or other
16                   tribunal;
17              (f) authorising the strata company's common seal
18                   to be applied to a document;
19             (g) authorising a person to sign documents on
20                   behalf of the strata company or on behalf of the
21                   council or an officer of the strata company;
22             (h) a scheme function declared by the regulations
23                   to be a scheme function that may not be
24                   performed by a strata manager.
25   (6)     An act or thing done by a person under an authorisation
26           under this section --
27             (a) has effect as if it were done by the strata
28                   company, council or officer of the strata
29                   company (as the case requires); and
30            (b) is taken to have been done by the strata
31                   company, council or officer of the strata
32                   company (as the case requires).



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1               (7)   The authority of a strata manager to perform a scheme
2                     function does not prevent the function from being
3                     performed by the strata company, council or officer (as
4                     the case requires).
5               (8)   However, if the strata company, council or officer
6                     performs such a function, the strata company, council
7                     or officer must notify the strata manager authorised to
8                     perform the function of that fact.

9          144.       Requirements to be met by strata manager
10              (1)   Despite an authorisation under section 143, a person is
11                    not authorised to perform functions as a strata manager
12                    unless --
13                      (a) a contract or volunteer agreement (a strata
14                            management contract) is in force between the
15                            strata manager and the strata company; and
16                     (b) the requirements of the regulations are met by
17                            the strata manager and each agent, employee or
18                            contractor of the strata manager for --
19                               (i) the conduct of, and verification of the
20                                    conduct of, criminal record checks; and
21                              (ii) educational or other qualifications; and
22                             (iii) any other matter relevant to the
23                                    performance of functions as a strata
24                                    manager;
25                            and
26                      (c) the strata manager maintains professional
27                            indemnity insurance as required by the
28                            regulations.
29              (2)   Subsection (1)(c) does not apply to a volunteer strata
30                    manager.




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1      (3)     The regulations cannot require a volunteer strata
2              manager to have particular educational or other
3              qualifications.

4    145.      Strata management contracts: minimum
5              requirements
6      (1)     A strata management contract must be in writing
7              and must --
8                (a) state the strata manager's name and address for
9                      service; and
10               (b) state the strata company's name and address for
11                     service; and
12               (c) state the Australian Company Number or
13                     Australian Business Number of each party with
14                     such a number; and
15               (d) specify when the contract starts and ends; and
16               (e) specify each scheme function to be performed
17                     by the strata manager under the contract; and
18                (f) specify any conditions that are to apply to the
19                     performance of the functions; and
20               (g) provide that the strata manager must give the
21                     strata company written reports about the strata
22                     manager's performance of functions under the
23                     contract and set out the reporting requirements
24                     as to content and timing of the reports; and
25               (h) specify the remuneration that is payable under
26                     the contract or the manner in which the
27                     remuneration that is payable under the contract
28                     is to be calculated; and
29                (i) specify the accounts to be used under
30                     section 148(1); and
31                (j) set out the text of, or give notice drawing
32                     attention to, section 151; and


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1                      (k)   provide for any other matter that is required by
2                            the regulations.
3               (2)   Before entering into a strata management contract, the
4                     strata manager must disclose in writing to the strata
5                     company --
6                       (a) any direct or indirect pecuniary or other interest
7                             that the strata manager has that conflicts or may
8                             conflict with the performance of the strata
9                             manager's functions; and
10                      (b) the amount or value of any remuneration or
11                            other benefit that the strata manager has a
12                            reasonable expectation of receiving (other than
13                            from the strata company) in connection with the
14                            performance of the strata manager's functions.
15              (3)   Any variation to, or extension or renewal of, a strata
16                    management contract must be in writing.
17              (4)   This section does not limit the matters that may be
18                    included in a strata management contract.
19              (5)   If the strata management contract is a volunteer
20                    agreement with a volunteer strata manager, it need not
21                    comply with subsection (1)(c) or (g).

22         146.       General duties and conflict of interest
23              (1)   A strata manager of a strata company --
24                     (a) must at all times act honestly and in good faith
25                            in the performance of the strata manager's
26                            functions; and
27                     (b) must at all times exercise a reasonable degree
28                            of skill, care and diligence in the performance
29                            of the strata manager's functions; and
30                     (c) must have a good working knowledge of this
31                            Act; and


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1              (d)    must not make improper use of information
2                     acquired as the strata company's strata
3                     manager --
4                        (i) to gain, directly or indirectly, an
5                             advantage for the strata manager or any
6                             other person; or
7                       (ii) to cause detriment to the strata company
8                             or a member of the strata company;
9                     and
10             (e)    must not make improper use of the position of
11                    strata manager --
12                       (i) to gain, directly or indirectly, an
13                            advantage for the strata manager or any
14                            other person; or
15                      (ii) to cause detriment to the strata company
16                            or a member of the strata company;
17                    and
18              (f)   must take reasonable steps to ensure that the
19                    strata manager's agents, employees and
20                    contractors comply with this Act when
21                    performing the strata manager's functions.
22   (2)     A strata manager of a strata company --
23            (a) must inform the strata company in writing of
24                   any direct or indirect pecuniary or other interest
25                   that the strata manager has that conflicts or may
26                   conflict with the performance of the strata
27                   manager's functions; and
28            (b) must do so as soon as is practicable after the
29                   strata manager becomes aware of the relevant
30                   facts.




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1          147.       Disclosure of remuneration and other benefits
2               (1)   A strata manager of a strata company --
3                      (a) must inform the strata company in writing of
4                             the amount or value of any remuneration or
5                             other benefit that the strata manager receives,
6                             or has a reasonable expectation of receiving
7                             (other than from the strata company) in
8                             connection with the performance of the strata
9                             manager's functions; and
10                     (b) must do so as soon as is practicable after the
11                            strata manager becomes aware of the relevant
12                            facts.
13              (2)   Subsection (1) does not apply to remuneration or any
14                    other benefit that is less than an amount or value
15                    specified in or calculated in accordance with the
16                    regulations.

17         148.       Operation of accounts
18              (1)   A strata manager (other than a volunteer strata
19                    manager) must pay all money received on behalf of a
20                    strata company into 1 of the following accounts --
21                      (a) a separate ADI trust account for the strata
22                            company;
23                      (b) a pooled ADI trust account solely for the strata
24                            companies for which the person is a strata
25                            manager;
26                      (c) if the strata company has its own ADI account
27                            and has authorised the strata manager to use the
28                            account, that account.
29              (2)   If a strata company has a volunteer strata manager, the
30                    strata company must have an ADI account and the
31                    volunteer strata manager must pay all money received
32                    on behalf of a strata company into an ADI account of
33                    the strata company.

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1      (3)     A strata manager must be able to account separately for
2              money that the strata manager is paid or receives on
3              behalf of a strata company.
4      (4)     A strata manager may pay out of an account mentioned
5              in subsection (1) an amount that is payable by the strata
6              company on whose behalf money is received.
7      (5)     Money paid into a trust account is not available for the
8              payment of the debt of any creditor of the strata
9              manager and cannot be attached or taken in execution
10             under an order or process of any court at the instance of
11             a creditor of the strata manager.
12     (6)     The regulations may provide for other matters relating
13             to the operation of trust accounts by strata managers.

14   149.      Accounting information
15     (1)     A strata company can, by written notice, require a
16             strata manager to provide the following information to
17             the strata company --
18               (a) the name and number of each account operated
19                      by the strata manager in performing scheme
20                      functions and the name and identifying number
21                      or code of the ADI with which each account is
22                      held;
23               (b) the balance in each such account standing to the
24                      credit of the strata company on a specified date;
25               (c) particulars of cheques drawn or amounts
26                      transferred out of an account by the strata
27                      manager on behalf of the strata company but
28                      for which amounts have not, as at a specified
29                      date, been paid out of the account;
30               (d) particulars relating to the payment of money to,
31                      or the receipt of money by, the strata manager
32                      on behalf of the strata company;


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1                      (e)     particulars relating to the manner and time of
2                              disposal of money paid to, or received by, the
3                              strata manager on behalf of the strata company
4                              that is not still held by the strata manager;
5                       (f)    particulars relating to a specified transaction
6                              that has been entered into by the strata manager
7                              on behalf of the strata company.
8               (2)   The strata manager must comply with the notice within
9                     a reasonable time but, in any event, within 7 days after
10                    the day the notice was given.
11              (3)   However, a strata manager does not have to provide the
12                    strata company with information in relation to a matter
13                    as it was, or that occurred, more than 7 years before
14                    notice requiring the information is given.

15         150.       Audits
16              (1)   A strata manager who operates an account in
17                    performing scheme functions must, if the strata
18                    company has an auditor, give the auditor access to
19                    statements of the account, or otherwise authorise the
20                    auditor's access to statements of the account, if
21                    required by the auditor to do so.
22              (2)   A strata manager of a strata company must provide
23                    such an auditor with --
24                      (a) any document in the strata manager's
25                            possession or control relating to money paid to,
26                            or received by, the strata manager on behalf of
27                            the strata company that the auditor reasonably
28                            requires; and
29                      (b) any other information relating to money paid
30                            to, or received by, the strata manager on behalf
31                            of the strata company that the auditor
32                            reasonably requires.



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1    151.      Termination of strata management contract
2      (1)     There are proper grounds for termination of a strata
3              management contract by a strata company if --
4               (a) the strata manager has contravened this Act; or
5               (b) the strata manager has contravened the
6                     contract; or
7               (c) the strata manager is, according to the
8                     Interpretation Act 1984 section 13D, a bankrupt
9                     or a person whose affairs are under insolvency
10                    laws; or
11              (d) the strata manager is a Chapter 5 body
12                    corporate within the meaning given in the
13                    Corporations Act 2001 (Commonwealth)
14                    section 9; or
15              (e) the strata manager, or a director or chief
16                    executive officer of the strata manager, is
17                    convicted in this State of an offence punishable
18                    by imprisonment for 12 months or longer and
19                    the strata company is satisfied that the offence
20                    affects the strata manager's suitability to
21                    perform the strata manager's functions; or
22               (f) the strata manager, or a director or chief
23                    executive officer of the strata manager, is
24                    convicted outside this State, in Australia or
25                    elsewhere, of an offence that, if it had been
26                    committed in this State, would be punishable
27                    by imprisonment for 12 months or longer and
28                    the strata company is satisfied that the offence
29                    affects the strata manager's suitability to
30                    perform the strata manager's functions.
31     (2)     If a strata company is satisfied that there are proper
32             grounds for termination of a strata management
33             contract, the strata company may terminate the contract



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1                     by giving the strata manager written notice of
2                     termination --
3                       (a) specifying the date (being not less than 28 days
4                             after the date of the notice) on which the
5                             termination will take effect; and
6                       (b) informing the strata manager of the right to
7                             apply to the Tribunal for review of the decision
8                             to terminate the contract.
9               (3)   Before a strata company terminates a strata
10                    management contract under subsection (2), the strata
11                    company must give the strata manager a notice (a show
12                    cause notice).
13              (4)   A show cause notice must --
14                     (a) be in writing; and
15                     (b) state that the strata company proposes to
16                          terminate the strata management contract; and
17                     (c) specify the grounds on which it is proposed to
18                          terminate the strata management contract; and
19                     (d) set out particulars of the facts relied on as
20                          evidence of those grounds; and
21                     (e) invite the strata manager to make written
22                          submissions to the strata company as to why
23                          the strata management contract should not be
24                          terminated; and
25                      (f) specify the period (being at least 14 days after
26                          the date of the notice) within which the written
27                          submissions must be received by the strata
28                          company.
29              (5)   A strata company must give proper consideration to
30                    any written submissions made by the strata manager
31                    within the period specified in the show cause notice.




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1      (6)     Nothing in this section affects the operation of
2              section 115 in relation to a strata management contract
3              or any other right that the strata company may have to
4              terminate the contract.

5    152.      Return of records and other property
6      (1)     If a strata management contract is terminated, the strata
7              manager must return to the strata company --
8                (a) all records of the strata company, including
9                       records of account, in the strata manager's
10                      possession or control; and
11               (b) all keys and other property of the strata
12                      company in the strata manager's possession or
13                      control.
14     (2)     The property must be returned to the strata company
15             within 28 days after the day on which the contract is
16             terminated (even if the strata manager has made an
17             application for review of the decision to terminate the
18             contract).
19     (3)     The strata company may agree to the property being
20             made available for collection by another strata manager
21             engaged by the strata company or being returned in
22             some other manner.
23     (4)     A strata manager cannot exercise any claim or lien
24             against or on the property of a strata company that the
25             strata manager is required, under this section, to return
26             to the strata company.

27   153.      Provision of information about industry
28             The regulations may require a strata manager (other
29             than a volunteer strata manager) to lodge a periodic
30             return at the office of the Authority containing
31             aggregated information about strata titles schemes
32             managed by the strata manager (being information

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1                     ordinarily kept by a strata manager and readily
2                     available) for the purposes of the Authority --
3                       (a) publishing, if it chooses to do so, a list of strata
4                             managers; and
5                       (b) using the information to develop policy and
6                             advise the Minister on matters related to strata
7                             managers.

8          154.       Contracting out prohibited
9               (1)   A contract or arrangement is of no effect to the extent
10                    that it purports to exclude or restrict the operation of
11                    this Part.
12              (2)   A purported waiver of a right, remedy or benefit
13                    conferred on a person under this Part is of no effect.

14         155.       Protection from liability
15              (1)   No civil liability attaches to a volunteer strata manager
16                    for anything that the person has, in good faith, done or
17                    omitted to be done --
18                      (a) in the performance of a function under this Act
19                            or scheme by-laws; or
20                      (b) in the reasonable belief that the act or omission
21                            was in the performance of a function under this
22                            Act or scheme by-laws.
23              (2)   A liability that would, but for subsection (1), attach to a
24                    person attaches instead to the strata company.




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1                 Part 10 -- Protection of buyers
2    156.      Information to be given before contract
3      (1)     Before a buyer signs a contract for the sale and
4              purchase of a lot in a strata titles scheme, the seller of
5              the lot must give the buyer the following --
6                (a) the name and address of the seller;
7                (b) the following information relating to the strata
8                      titles scheme --
9                         (i) the scheme notice, scheme plan, scheme
10                              by-laws and schedule of unit
11                              entitlements for the strata titles scheme;
12                       (ii) scheme by-laws that have been made by
13                              the strata company but not yet registered
14                              as a scheme document;
15                      (iii) for a leasehold scheme, the strata lease
16                              for the lot;
17                      (iv) the name and address for service of the
18                              strata company;
19                       (v) either --
20                                  (I) the minutes of the most recent
21                                        annual general meeting and of
22                                        any subsequent extraordinary
23                                        general meetings of the strata
24                                        company; or
25                                 (II) a statement that the strata
26                                        company does not keep
27                                        minutes of its meetings; or
28                                (III) a statement of why the seller
29                                        has been unable to obtain the
30                                        minutes;




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1                             (vi)   either --
2                                        (I) the statement of accounts last
3                                              prepared by the strata
4                                              company; or
5                                       (II) a statement that the strata
6                                              company does not prepare a
7                                              statement of accounts; or
8                                      (III) a statement of why the seller
9                                              has been unable to obtain a
10                                             statement of accounts;
11                           (vii) a copy of any notice received by the
12                                   seller from the strata company in
13                                   relation to any current termination
14                                   proposal for the strata titles scheme;
15                     (c)   the following information relating to the lot --
16                              (i) its exact location shown on the scheme
17                                   plan for the strata titles scheme;
18                             (ii) its definition, as contained in the
19                                   scheme plan for the strata titles scheme;
20                            (iii) the unit entitlement of the lot (and the
21                                   sum of the unit entitlements of all of the
22                                   lots in the scheme);
23                            (iv) if contributions have been determined
24                                   by the strata company within the
25                                   previous 12 months, the amount and due
26                                   date of the contributions payable by the
27                                   lot owner;
28                             (v) if contributions have not been so
29                                   determined, a reasonable estimate of the
30                                   amount of the contributions likely to be
31                                   payable for the 12 months following the
32                                   proposed settlement date;
33                            (vi) details of any debt owed by the owner
34                                   of the lot to the strata company,

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1                             including how the debt arose, the date
2                             on which it arose and the amount
3                             outstanding;
4                     (vii) if the lot is a special lot, details of the
5                             exclusive use by-laws that apply to the
6                             lot;
7              (d)    any other information required by the
8                     regulations.
9    (2)     If the lot has not yet been created, a reference in
10           subsection (1) --
11             (a) to a scheme document is to be read as a
12                    reference to the latest version of the draft
13                    scheme document or amendment of a scheme
14                    document as relevant to the lot as proposed to
15                    be created; and
16             (b) to a unit entitlement of the lot or amount is to
17                    be read as a reference to a reasonable estimate
18                    of that unit entitlement or amount; and
19             (c) to any other matter (such as contributions
20                    payable) is to be read as a reference to a
21                    reasonable expectation about the matter as
22                    relevant to the lot as proposed to be created.
23   (3)     Subsection (4) applies if --
24            (a) the strata titles scheme has not been registered;
25                  or
26            (b) the first annual general meeting of the strata
27                  company has not been held; or
28            (c) the scheme developer owns 50% or more of the
29                  lots in the strata titles scheme or lots with an
30                  aggregate unit entitlement of 50% or more of
31                  the sum of the unit entitlements of all the lots in
32                  the scheme.



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1               (4)   Before a buyer signs a contract for the sale and
2                     purchase of a lot in circumstances in which this
3                     subsection applies, if the scheme developer is the seller
4                     of the lot, the seller must also give the buyer --
5                       (a) a statement of the estimated income and
6                             expenditure of the strata company for the
7                             12 months after the proposed settlement date;
8                             and
9                       (b) details of any disclosure that the scheme
10                            developer is required to make under section 79;
11                            and
12                      (c) details of any contract (or proposed contract)
13                            for the provision of services or amenities to the
14                            strata company or to members of the strata
15                            company entered into or arranged by the
16                            scheme developer or by the strata company,
17                            including --
18                               (i) its terms and conditions; and
19                              (ii) the consideration and the estimated
20                                     costs to the members of the strata
21                                     company;
22                            and
23                      (d) details of the terms and conditions of any lease,
24                            licence, right of exclusive use and enjoyment or
25                            special privilege (or proposed lease, licence,
26                            right of exclusive use and enjoyment or special
27                            privilege) over common property.
28              (5)   The seller must comply with this section either --
29                     (a) by giving the buyer a notice in the approved
30                            form; or
31                     (b) by including the information and statements in
32                            the contract to be signed by the buyer in the
33                            manner set out in the regulations.


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1      (6)     In any court or tribunal proceedings arising out of or
2              connected with a contract for the sale and purchase of a
3              lot, the onus of proving that the required information
4              and statements were given in accordance with this
5              section lies on the seller.

6    157.      Information to be given after contract
7      (1)     If a notifiable variation occurs after a buyer signs a
8              contract for the sale and purchase of a lot, the seller
9              must, by notice in writing, inform the buyer
10             of particulars of the notifiable variation that a
11             reasonable person would consider sufficient to enable
12             the buyer to make an adequately informed assessment
13             as to whether the buyer is materially prejudiced by the
14             notifiable variation.
15     (2)     The regulations may provide that if the notice contains
16             specified particulars of a notifiable variation of a
17             specified type it will be conclusively presumed to
18             contain the particulars required by subsection (1).
19     (3)     The seller must comply with subsection (1) --
20              (a) if the seller becomes aware of the notifiable
21                     variation less than 15 working days before the
22                     settlement date for the contract -- as soon as
23                     practicable; and
24              (b) in any other case -- not later than 10 working
25                     days after the seller becomes aware of the
26                     notifiable variation.
27     (4)     Subsection (1) does not apply if --
28              (a) the seller has in the contract informed the buyer
29                    of any proposed action or matter that would be
30                    a notifiable variation; and
31              (b) the action or matter when completed does not
32                    differ from that described in the contract; and


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1                      (c)   the seller gives the buyer written notice of
2                            completion of the action or matter within the
3                            time required by subsection (5), with particulars
4                            which a reasonable person would consider
5                            sufficient to enable the buyer to make an
6                            adequately informed assessment as to whether
7                            the action or matter as completed differs from
8                            that described in the contract.
9               (5)   For subsection (4)(c), the time required for notice of
10                    completion is --
11                      (a) if the seller becomes aware of the completion
12                           of the action or matter less than 15
13                           working days before the settlement date for the
14                           contract -- as soon as practicable; and
15                      (b) in any other case -- not later than 10 working
16                           days after the seller becomes aware of
17                           completion of the action or matter.
18              (6)   In any court or tribunal proceedings arising out of or
19                    connected with a contract for the sale and purchase of a
20                    lot, the onus of proving that a notice required by
21                    subsection (1) or a notice referred to in
22                    subsection (4)(c) was given in accordance with this
23                    section lies on the seller.

24         158.       Delay in settlement for failure to give information
25              (1)   A buyer may, by written notice to the seller, postpone
26                    the settlement date for a contract for the sale and
27                    purchase of a lot if the seller has not complied with
28                    section 156 or 157.
29              (2)   The settlement date may be postponed by no more than
30                    15 working days after the latest date on which the
31                    seller complies with the relevant requirements (even
32                    though that may be after the contract has been entered
33                    into).


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1    159.      Avoidance of contract for failure to give
2              information
3      (1)     A buyer may avoid a contract for the sale and purchase
4              of a lot at any time before the settlement date for the
5              contract --
6                (a) if the seller has not complied with section 156;
7                       and
8                (b) if the seller were now to comply with that
9                       section, the buyer would receive information or
10                      a document that would disclose material
11                      prejudice to the buyer (proof of which lies on
12                      the buyer).
13     (2)     However, if the seller gives the buyer a notice
14             substantially complying with section 156 before the
15             buyer avoids the contract under this section, the buyer
16             may avoid the contract under this section only if the
17             buyer does so within 15 working days after the seller's
18             notice is given to the buyer.

19   160.      Avoidance of contract on notification of variation
20             for material prejudice
21             A buyer may avoid a contract for the sale and purchase
22             of a lot at any time within 15 working days after the
23             seller gives the buyer a notice under section 157(1)
24             if --
25                (a) the notifiable variation is not one to which
26                      section 157(4) applies; and
27               (b) the buyer is materially prejudiced by the
28                      information or document disclosed (proof of
29                      which lies on the buyer).




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1          161.       Avoidance of contract for failure to disclose type 1
2                     notifiable variation
3               (1)   A buyer may avoid a contract for the sale and purchase
4                     of a lot at any time before the settlement date for the
5                     contract if --
6                       (a) a type 1 notifiable variation occurs in relation
7                              to the contract; and
8                       (b) the seller does not substantially comply with
9                              the requirement under section 157 to give
10                             notice of the variation to the buyer within the
11                             required time.
12              (2)   However, if the seller gives a notice substantially
13                    complying with the requirement under section 157
14                    before the buyer avoids the contract under this section,
15                    the buyer may not avoid the contract under this section
16                    more than 15 working days after the seller's notice is
17                    given.

18         162.       Avoidance of contract for failure to disclose type 2
19                    notifiable variation
20              (1)   A buyer may avoid a contract for the sale and purchase
21                    of a lot at any time before the settlement date for the
22                    contract --
23                      (a) if --
24                               (i) a type 2 notifiable variation occurs in
25                                     relation to the contract; and
26                              (ii) the seller does not substantially comply
27                                     with the requirement under section 157
28                                     to give notice of the variation to the
29                                     buyer within the required time;
30                             and
31                      (b) if the seller were now to comply with that
32                             section, the buyer would receive information or
33                             a document that would disclose material

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1                       prejudice to the buyer (proof of which lies on
2                       the buyer).
3      (2)     However, if the seller gives a notice substantially
4              complying with the requirement under section 157
5              before the buyer avoids the contract under this section,
6              the buyer may not avoid the contract under this section
7              more than 15 working days after the seller's notice is
8              given.

9    163.      Proposed lot contract
10     (1)     This section applies to a contract for the sale and
11             purchase of a lot in a strata titles scheme entered into
12             before the lot is created on registration of the scheme
13             or an amendment of the scheme.
14     (2)     A contract to which this section applies must --
15              (a) require any deposit or other amount payable by
16                    the buyer prior to registration of the strata titles
17                    scheme or amendment of the strata titles
18                    scheme to be paid by the buyer to an Australian
19                    legal practitioner, real estate agent or settlement
20                    agent to be held on trust for the buyer until the
21                    scheme is registered; and
22              (b) specify the practitioner or agent to whom
23                    payment is to be made by the buyer and how
24                    the payment may be made.
25     (3)     The buyer may, at any time before registration of the
26             strata titles scheme or amendment of the strata titles
27             scheme, avoid a contract to which this section applies
28             if --
29                (a) the contract does not comply with
30                      subsection (2); or




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1                      (b)   the scheme or amendment is not registered --
2                               (i) within a period after the date of the
3                                   contract agreed in writing by the buyer
4                                   and seller; or
5                              (ii) in the absence of such an agreement,
6                                   within 6 months after that date.
7               (4)   In this section --
8                     date of the contract means the day on which the
9                     contract was signed or, if the parties signed it on
10                    different days, the last of those days;
11                    real estate agent means a person licensed as a real
12                    estate agent under the Real Estate and Business Agents
13                    Act 1978;
14                    settlement agent means a person licensed as a
15                    settlement agent under the Settlement Agents Act 1981.

16         164.       Avoidance of contract -- manner and effect
17              (1)   A notice of avoidance of a contract for the sale and
18                    purchase of a lot must --
19                      (a) be given by the buyer to the seller in writing;
20                           and
21                     (b) specify the grounds on which the contract is
22                           avoided, including details of the material
23                           prejudice to the buyer if required as grounds for
24                           avoidance.
25              (2)   On the avoidance under this Part of a contract for the
26                    sale and purchase of a lot --
27                      (a) the buyer may recover from the seller as a debt
28                            all money paid by the buyer under the contract;
29                            and
30                      (b) a person who is holding a deposit or other
31                            amount on behalf of the buyer for the contract
32                            must repay the deposit or other amount to the

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1                       buyer, minus any amount due to the seller as
2                       rent for any period during which the buyer was
3                       in occupation of the lot or entitled to receive the
4                       rents and profits of the lot.

5    165.      Contracting out prohibited
6      (1)     A contract or arrangement is of no effect to the extent
7              that it purports to exclude or restrict the operation of
8              this Part.
9      (2)     No penalty is payable by a buyer under a contract or
10             arrangement for exercising a right under this Part.
11     (3)     A purported waiver of a right, remedy or benefit
12             conferred on a buyer by this Part is of no effect.

13      Part 11 -- Variation of strata titles scheme
14                    by Tribunal
15              Division 1 -- On damage or destruction

16             Division 2 -- On compulsory acquisition

17                 Division 3 -- Notice of applications

18    Part 12 -- Termination of strata titles scheme
19                      Division 1 -- Introduction
20   171.      Forms of termination
21     (1)     A strata titles scheme terminates (as set out in
22             Division 6) as follows --
23              (a) a leasehold scheme terminates on the expiry
24                     day for the scheme as referred to in Division 2;




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1                       (b)     a leasehold or freehold scheme terminates --
2                                  (i) if there is a termination proposal and the
3                                       process referred to in Division 3 is
4                                       followed; or
5                                (ii) if all lots in the scheme are owned by
6                                       the same person and the process referred
7                                       to in Division 4 is followed.
8               (2)   Divisions 5 and 6 contain provisions relevant to the
9                     forms of termination of a strata titles scheme set out in
10                    Divisions 2, 3 and 4.
11              (3)   A strata titles scheme also terminates as set out in
12                    Division 7 on the taking under the Land Administration
13                    Act 1997 of all of the lots in a strata titles scheme and,
14                    for a leasehold scheme, the reversionary interest of the
15                    owner of the leasehold scheme.

16                    Division 2 -- Expiry of leasehold scheme
17         172.       Notification of expiry
18              (1)   The owner of a leasehold scheme must, at least
19                    1 month before the expiry of the scheme, lodge with
20                    the Registrar of Titles notice, in the approved form, of
21                    the impending expiry of the leasehold scheme.
22              (2)   If the owner of a leasehold scheme fails to give the
23                    necessary notice, it may be given by an owner of a lot
24                    in the scheme and the owner may recover the cost of
25                    doing so as a debt in a court of competent jurisdiction
26                    from the owner of the leasehold scheme.
27                    Note for this section:
28                            Expiry of a leasehold scheme does not require an approval
29                            of a subdivision of land as the expiry is approved as part of
30                            the process of initial subdivision by the scheme.




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1                 Division 3 -- Termination proposal
2    173.      Proponent
3              The termination of a strata titles scheme may be
4              proposed by a person (the proponent) who is --
5                (a) the owner of a lot in the strata titles scheme; or
6                (b) a person who has a contractual right to
7                     purchase a lot in the strata titles scheme; or
8                (c) a body corporate formed by 2 or more such
9                     persons.

10   174.      Outline of termination proposal
11     (1)     The proponent of a proposal to terminate a strata titles
12             scheme (a termination proposal) must submit an
13             outline of the proposal to --
14               (a) the strata company for the scheme; and
15               (b) if it is a leasehold scheme, the owner of the
16                     leasehold scheme.
17     (2)     However, an outline of a termination proposal cannot
18             be submitted to a strata company or owner of a
19             leasehold scheme --
20               (a) during any period commencing when an
21                    ordinary resolution has been passed by the
22                    strata company in support of an outline of
23                    another termination proposal and ending when
24                    that proposal cannot proceed further under this
25                    Division; or
26               (b) during any period (not exceeding 12 months)
27                    for which the strata company has, by ordinary
28                    resolution, prohibited termination proposals
29                    being submitted to it; or
30               (c) during any period for which the Tribunal has,
31                    on application by the strata company or the


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1                             owner of the leasehold scheme, prohibited
2                             termination proposals being submitted.
3               (3)   A strata company to which an outline of a termination
4                     proposal is submitted in accordance with this section
5                     must, within 14 days after being given the proposal --
6                       (a) serve it on each person who is --
7                                (i) the owner of a lot in the strata titles
8                                     scheme; or
9                               (ii) a registered mortgagee of a lot in the
10                                    strata titles scheme;
11                            and
12                      (b) lodge with the Registrar of Titles notice of
13                            receipt of the outline in the approved form.
14              (4)   The strata company must, on completion of the
15                    requirements under subsection (3), give written notice
16                    of that fact to the proponent of the termination
17                    proposal.
18              (5)   Any modification of an outline of a termination
19                    proposal proposed by the proponent of the proposal
20                    must be submitted and served in the same manner as
21                    for the outline.

22         175.       Content of outline of termination proposal
23              (1)   An outline of a termination proposal must --
24                     (a) specify the name and address for service of the
25                           proponent of the proposal; and
26                     (b) identify the strata titles scheme proposed to be
27                           terminated; and
28                     (c) provide an explanation of the reasons for
29                           proposing termination of the strata titles
30                           scheme, including (without limitation), if the
31                           difficulty of raising sufficient contributions for
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1                     common property is a reason for the proposal, a
2                     statement of that reason; and
3              (d)    describe, in general terms, any proposals for
4                     contracts to be offered to owners of lots in the
5                     strata titles scheme; and
6              (e)    describe, in general terms, what is proposed in
7                     terms of subdivision and development of the
8                     land following termination of the strata titles
9                     scheme; and
10              (f)   describe the planning approvals required for the
11                    proposal described under paragraph (e) and the
12                    extent to which the proposal does not comply
13                    with a relevant planning scheme or interim
14                    development order in force under the Planning
15                    and Development Act 2005; and
16             (g)    indicate, in general terms, the stages and
17                    timeframes for progress of the proposal if it
18                    proceeds; and
19             (h)    provide an explanation, in the approved form,
20                    of the process for, and consequences of,
21                    termination of a strata titles scheme under this
22                    Division; and
23              (i)   if, under the regulations, the proponent of the
24                    proposal will be required to make arrangements
25                    for the obtaining of independent advice or
26                    representation for owners of lots affected by the
27                    proposal, provide details of the proposed
28                    arrangements; and
29              (j)   include any other information required by the
30                    regulations.
31   (2)     This section does not limit the matters that can be
32           included in an outline of a termination proposal.
33   (3)     An outline of a termination proposal must be in the
34           approved form.

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1          176.       Ordinary resolution and support of owner of
2                     leasehold scheme required to proceed further
3               (1)   A termination proposal can only proceed further if,
4                     within 3 months after an outline of the proposal has
5                     been submitted as required under section 175 --
6                       (a) for a freehold scheme -- the strata company
7                             passes an ordinary resolution supporting
8                             consideration of a full proposal; and
9                      (b) for a leasehold scheme --
10                              (i) the owner of the leasehold scheme gives
11                                   written notice to the strata company
12                                   supporting consideration of a full
13                                   proposal; and
14                             (ii) the strata company passes an ordinary
15                                   resolution supporting consideration of a
16                                   full proposal.
17              (2)   For a 2-lot scheme, an ordinary resolution is taken to
18                    be passed supporting consideration of a full proposal if
19                    the vote attached to 1 of the lots is cast in favour of the
20                    resolution (regardless of the unit entitlement of the lot).

21         177.       Approval of plan of subdivision
22              (1)   If the requirements of section 176 are met and a
23                    termination proposal can proceed further --
24                      (a) the proponent of the proposal can then make an
25                             application under the Planning and
26                             Development Act 2005 Part 10 for approval of a
27                             plan of subdivision for the proposal (that is, for
28                             the parcel to cease being subdivided by a strata
29                             titles scheme); and
30                      (b) the owner of the land is taken to have consented
31                             to the proponent making the application under
32                             the Planning and Development Act 2005.


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1      (2)     The Planning and Development Act 2005 applies to the
2              application subject to the following modifications --
3                (a) a reference to subdivision is to be read as
4                      including a reference to termination of a strata
5                      titles scheme;
6                (b) any other modifications set out in the
7                      regulations.

8    178.      Full proposal
9      (1)     If approval of a plan of subdivision is obtained as
10             referred to in section 177, the proponent of the
11             proposal can then submit a full proposal for the
12             termination of the strata titles scheme to --
13               (a) the strata company for the scheme; and
14               (b) if it is a leasehold scheme, the owner of the
15                     leasehold scheme.
16     (2)     However, a full proposal cannot be submitted to a
17             strata company or owner of a leasehold scheme --
18               (a) if it is more than 12 months since the
19                     requirements of section 176 were met for the
20                     proposal; or
21               (b) during any period for which the Tribunal has,
22                     on application by the strata company or the
23                     owner of the leasehold scheme, prohibited
24                     termination proposals being so submitted.
25     (3)     For a leasehold scheme, the proponent must give
26             written notice to the owner of the leasehold scheme of
27             the date on which the proponent submitted the full
28             proposal to the strata company.




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1               (4)   A strata company to which a full proposal is submitted
2                     in accordance with this section must, within 14 days
3                     after being given the proposal --
4                       (a) serve it on each person who is --
5                                (i) the owner, occupier, registered
6                                     mortgagee or caveator of a lot in the
7                                     strata titles scheme; or
8                               (ii) a person whose interest in a lot in the
9                                     strata titles scheme as a lessee, tenant or
10                                    mortgagee is recorded in the roll kept by
11                                    the strata company; or
12                             (iii) the occupier of common property in the
13                                    strata titles scheme;
14                            and
15                      (b) lodge with the Registrar of Titles notice of
16                            receipt of the proposal in the approved form.
17              (5)   Any modification of the full proposal proposed by the
18                    proponent must be submitted and served in the same
19                    manner as for the full proposal.
20              (6)   However, a modification cannot be submitted within
21                    14 days before voting on the termination proposal
22                    opens.

23         179.       Content of full proposal
24              (1)   A full proposal for the termination of a strata titles
25                    scheme must --
26                      (a) include the material required to be included in
27                            an outline of a termination proposal; and
28                      (b) be accompanied by the approved plan of
29                            subdivision for the proposal; and




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1        (c)    describe, in detail, what is proposed in terms of
2               contracts to be offered to owners of lots,
3               including --
4                  (i) contracts for the sale and purchase of
5                      lots before termination of the strata titles
6                      scheme, including --
7                           (I) the name and address of any
8                                buyer; and
9                          (II) the purchase price or a
10                               description of how the
11                               purchase price is to be
12                               determined; and
13                       (III) the terms and conditions of the
14                               contracts for sale and purchase,
15                               including proposed settlement
16                               dates, or a description of how
17                               those terms and conditions are
18                               to be determined; and
19                       (IV) any deductions proposed to be
20                               made out of the purchase price
21                               or a description of how those
22                               deductions are to be
23                               determined;
24                     and
25                (ii) contracts under which the owner of a lot
26                     acquires an interest in land in exchange
27                     for the lot, including --
28                          (I) the choices available to owners
29                               or the basis for determining
30                               those choices; and
31                         (II) the interests in land proposed to
32                               be acquired by the owners; and
33                       (III) other terms and conditions of
34                               the exchange;


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1                                     and
2                             (iii)   contracts under which the owner of a lot
3                                     is to have an interest in the land on
4                                     termination of the strata titles scheme or
5                                     is to have a right or option for the
6                                     acquisition of an interest in the land
7                                     following its subdivision or
8                                     development;
9                            and
10                     (d)   describe, in detail, what is proposed to happen
11                           on termination of the strata titles scheme in
12                           terms of the discharge, withdrawal, removal or
13                           bringing forward of registered mortgages over
14                           the lots and other estates and interests in a lot or
15                           common property in the scheme that are
16                           registered or recorded in the Register; and
17                     (e)   describe, in detail, what is proposed to happen
18                           on termination of the strata titles scheme in
19                           terms of the contractual rights of occupiers of
20                           lots or common property in the scheme; and
21                     (f)   describe, in detail, what is proposed in terms of
22                           subdivision and development of the land
23                           following termination, including --
24                              (i) plans for demolition; and
25                             (ii) plans for subdivision; and
26                            (iii) architectural plans for development;
27                           and
28                     (g)   describe the planning approvals required for the
29                           proposal described under paragraph (f) and the
30                           extent to which the proposal does not comply
31                           with a relevant planning scheme or interim
32                           development order in force under the Planning
33                           and Development Act 2005; and



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1              (h)    indicate, in detail, the stages and timeframes
2                     proposed for progress of the proposal if it
3                     proceeds, including expectations for when
4                     vacant possession of lots and common property
5                     will be required; and
6               (i)   describe any proposals for the temporary
7                     relocation of owners of lots, including any
8                     payments proposed to be made to owners to
9                     enable them to arrange temporary relocation;
10                    and
11              (j)   include a statement obtained from the strata
12                    company of --
13                       (i) its current assets and liabilities; and
14                      (ii) any legal proceedings or pending legal
15                             proceedings to which the strata
16                             company is or proposes to become a
17                             party;
18                    and
19             (k)    specify the steps that will be taken to wind up
20                    the strata company, including for the realisation
21                    of assets and the discharge or transfer of
22                    liabilities for termination of the scheme; and
23              (l)   any other information required by the
24                    regulations.
25   (2)     A full proposal must incorporate a report (a
26           termination infrastructure report) comprised of --
27             (a) a report of a structural engineer on the state and
28                   condition of each scheme building and the
29                   infrastructure on the common property in the
30                   strata titles scheme; and
31             (b) a report of a person of a class specified in the
32                   regulations on the scope of works reasonably
33                   required to repair or replace the scheme


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1                             buildings or infrastructure taking into account
2                             the report of the structural engineer; and
3                       (c)   a report of a quantity surveyor estimating the
4                             cost of the works identified in the report under
5                             paragraph (b).
6               (3)   A full proposal must incorporate a report (a
7                     termination valuation report) prepared and certified
8                     by a licensed valuer setting out a valuation of the
9                     market value of each lot in the strata titles scheme.
10              (4)   The regulations may prescribe matters relating to the
11                    determination of the market value of a lot for a
12                    termination valuation report.
13              (5)   The valuation must be current as at a date that is not
14                    more than 21 days (or, if some other period is specified
15                    in the regulations, that period) before submission of the
16                    full proposal to the strata company.
17              (6)   A person must, in preparing or certifying a termination
18                    infrastructure report or termination valuation report,
19                    comply with the requirements of the regulations.
20              (7)   This section does not limit the matters that can be
21                    included in a full proposal.
22              (8)   The terms of a termination proposal set out in the full
23                    proposal are in substitution for the terms set out in the
24                    outline of the termination proposal.
25              (9)   A full proposal, including the termination infrastructure
26                    report and the termination valuation report must be in
27                    the approved form.

28         180.       Support of owner of leasehold scheme required
29              (1)   A termination proposal for a leasehold scheme cannot
30                    proceed further unless, within 3 months after the full
31                    proposal is submitted to the strata company, the owner


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1              of the leasehold scheme gives written notice to the
2              strata company that the owner supports the termination
3              proposal.
4      (2)     A strata company must, as soon as reasonably
5              practicable, give written notice to the proponent of the
6              termination proposal of the receipt of a notice under
7              subsection (1).

8    181.      Meetings and submissions
9      (1)     After receipt of a full proposal, 1 or more general
10             meetings of the strata company must be convened to
11             consider the termination proposal (unless it is a
12             proposal that cannot proceed further).
13     (2)     The members of the strata company present at a
14             meeting may, by ordinary resolution (for which notice
15             is not required), require the proponent of the
16             termination proposal to leave the meeting while the
17             proposal is discussed or, if the proponent is not a
18             member of the strata company, to be absent for the
19             whole of the meeting.
20     (3)     The persons on whom a full proposal for the
21             termination of a strata titles scheme must be served by
22             the strata company for the scheme must be given a
23             reasonable opportunity to make submissions to the
24             proponent of the proposal and the strata company.
25     (4)     The council of the strata company may --
26              (a) discuss a termination proposal with the
27                    proponent; and
28              (b) inform the owners of lots in the strata titles
29                    scheme of those discussions and of any
30                    clarifications or additional information
31                    provided by the proponent; and



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1                       (c)     make recommendations to the owners of the
2                               lots in the strata titles scheme regarding the
3                               proposal.
4               (5)   The regulations may impose additional requirements
5                     about the process required for consideration of a
6                     termination proposal.

7          182.       Vote
8               (1)   A termination proposal must be put to the vote of the
9                     owners of the lots in the strata titles scheme (unless it is
10                    a proposal that cannot proceed further) and it can only
11                    proceed further if a termination resolution is passed.
12                    Note for this subsection:
13                            The terms of the termination proposal are as set out in the
14                            full proposal rather than the outline: see section 179(8).

15              (2)   A termination resolution is only effective if the voting
16                    period opens at least 2 months after, and closes not
17                    more than 6 months after, the service of the full
18                    proposal by the strata company under this Division.
19              (3)   A termination proposal may be modified and a further
20                    vote taken on the proposal, but no more than 3 such
21                    votes may be taken and each vote must be taken within
22                    the period referred to in subsection (2).
23              (4)   A person who is independent of the strata company and
24                    the proponent of the termination proposal must be
25                    appointed to tally and count the votes on the proposal.
26              (5)   The vote must be taken as follows --
27                     (a) 1 vote may be cast for each lot in the strata
28                           titles scheme;
29                     (b) the value of each vote is 1.
30              (6)   A termination resolution is passed if the number of
31                    votes cast in favour of the termination proposal equals
32                    the number of lots in the strata titles scheme.

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1     (7)     A termination resolution is passed subject to the
2             confirmation of the Tribunal if --
3               (a) the strata titles scheme has 5 or more lots; and
4               (b) the number of votes cast in favour of the
5                    termination proposal is at least 80% of the total
6                    number of lots in the scheme.
7     (8)     Section 126(a) does not apply to voting on a
8             termination resolution.
9     (9)     A termination proposal must not be modified in a
10            material particular by the proponent of the proposal
11            after a termination resolution has been passed unless
12            the modification is supported under the same voting
13            arrangements as apply to the termination resolution.
14   (10)     The independent person appointed to tally and count
15            the votes must --
16              (a) make a record of each vote identifying the lot
17                    for which it is cast and the date on which it was
18                    cast, and the tally of the votes; and
19              (b) as soon as reasonably practicable, give written
20                    notice to the strata company of the number of
21                    votes cast in favour of and against the
22                    termination proposal and a statement of
23                    whether confirmation of the resolution by the
24                    Tribunal is required; and
25              (c) if confirmation of the resolution by the Tribunal
26                    is required, the independent person must
27                    provide the record made under paragraph (a) to
28                    the strata company in the manner required by
29                    the regulations, but must not otherwise disclose
30                    information about who cast votes for or against
31                    the proposal or for which lots the votes were
32                    cast.




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1            (11)     A strata company must, as soon as practicable after a
2                     termination resolution is passed --
3                       (a) lodge with the Registrar of Titles notice of that
4                             fact in the approved form; and
5                       (b) give written notice of that fact to --
6                                (i) the proponent of the termination
7                                      proposal; and
8                               (ii) for a leasehold scheme, the owner of the
9                                      leasehold scheme.
10           (12)     The notice must include a statement of whether or not
11                    confirmation of the termination resolution by the
12                    Tribunal is required.
13           (13)     The regulations may impose additional requirements
14                    about the process required for voting on a termination
15                    proposal.

16         183.       Confirmation of termination resolution by Tribunal
17              (1)   If a termination proposal can proceed further only if the
18                    Tribunal confirms the termination resolution, the
19                    proponent of the proposal can apply to the Tribunal for
20                    that confirmation.
21              (2)   The application must be made within 28 days after the
22                    date on which the termination resolution is passed or
23                    within an extension of that period given by the
24                    Tribunal.
25              (3)   The application must be accompanied by --
26                     (a) the full proposal for the termination of the
27                           strata titles scheme; and
28                     (b) all written submissions made to the proponent
29                           about the termination proposal; and
30                     (c) any other material specified in the regulations.



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1    (4)     For the State Administrative Tribunal Act 2004
2            section 45(1)(b), the following persons are entitled to a
3            copy of, or notice of, the application --
4              (a) the strata company for the strata titles scheme;
5                    and
6              (b) for a leasehold scheme, the owner of the
7                    leasehold scheme.
8    (5)     The strata company and, for a leasehold scheme, the
9            owner of the leasehold scheme, will be taken to be
10           parties to the proceedings.
11   (6)     The strata company must, within 14 days after being
12           given notice of the application --
13             (a) serve notice of the application on each person
14                   who is --
15                      (i) the owner, occupier or registered
16                           mortgagee of a lot in the strata titles
17                           scheme; or
18                     (ii) the occupier of common property in the
19                           strata titles scheme; or
20                    (iii) a person whom the Tribunal requires to
21                           be served with notice of the application;
22                   and
23             (b) if the strata titles scheme constitutes or includes
24                   a retirement village within the meaning of the
25                   Retirement Villages Act 1992 -- serve notice of
26                   the application on the Commissioner within the
27                   meaning of that Act; and
28             (c) provide the following to the Tribunal (which
29                   may then be released by the Tribunal to any
30                   person entitled to appear and be heard or to
31                   make submissions) --
32                      (i) for a leasehold scheme, a copy of the
33                           notice of support for the termination

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1                                     resolution given by the owner of the
2                                     leasehold scheme under section 180;
3                              (ii)   a record (as provided by the
4                                     independent person who counted the
5                                     votes) of each vote on the termination
6                                     resolution, identifying the lot for which
7                                     it was cast and the date on which it was
8                                     cast, and a tally of the votes;
9                             (iii)   minutes of all meetings of the strata
10                                    company or the council of the strata
11                                    company at which the termination
12                                    proposal was considered;
13                            (iv)    all written submissions made to the
14                                    strata company about the termination
15                                    proposal;
16                             (v)    the scheme plan, scheme by-laws and
17                                    schedule of unit entitlements for the
18                                    strata titles scheme;
19                            (vi)    anything else required by the
20                                    regulations;
21                           and
22                     (d)   lodge with the Registrar of Titles notice of the
23                           application in the approved form.
24              (7)   A person who is required to be served with notice of
25                    the application is entitled to appear and be heard or
26                    make written submissions to the Tribunal (as the
27                    Tribunal determines).
28              (8)   In proceedings for confirmation of a termination
29                    resolution of a strata company, the Tribunal may --
30                      (a) make an order confirming the termination
31                            resolution (which may be subject to the
32                            termination proposal being modified in a



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1                     specified manner as set out in subsection (13));
2                     or
3              (b)    make a decision not to make such an order.
4    (9)     The Tribunal can only confirm a termination resolution
5            if the proponent of the termination proposal satisfies
6            the Tribunal that --
7               (a) the process required by this Division has been
8                     complied with; and
9              (b) under the termination proposal, the owner of a
10                    lot in the strata titles scheme who does not
11                    support the termination will receive fair market
12                    value for the lot or a like for like exchange for
13                    the lot; and
14              (c) the termination proposal is otherwise just and
15                    equitable having regard to --
16                       (i) the interests of the owners of the lots in
17                             the strata titles scheme; and
18                      (ii) if it is a leasehold scheme, the interests
19                             of the owner of the leasehold scheme;
20                             and
21                     (iii) the interests of occupiers of the lots and
22                             the occupiers of the common property in
23                             the strata titles scheme; and
24                     (iv) the interests of registered mortgagees of
25                             the lots in the strata titles scheme; and
26                      (v) the interests of any other person with an
27                             estate or interest in, or right over, a lot
28                             or common property in the strata titles
29                             scheme that is registered or recorded in
30                             the Register.




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1            (10)    In determining under subsection (9)(b) whether an
2                    owner of a lot will receive fair market value for the
3                    lot --
4                      (a) the Tribunal must be satisfied that --
5                               (i) the owner will receive an amount that is
6                                   at least the amount of compensation that
7                                   would be required to be paid by an
8                                   acquiring authority under the Land
9                                   Administration Act 1997 for taking of
10                                  the lot without agreement; and
11                             (ii) the owner will not be disadvantaged in
12                                  terms of the owner's financial position
13                                  as a result of the termination of the
14                                  strata titles scheme;
15                           and
16                     (b) in considering the amount of compensation that
17                           would be payable under the Land
18                           Administration Act 1997 section 241 --
19                              (i) that section is to be read as if the owner
20                                  of the lot were the claimant and the
21                                  proponent of the termination proposal
22                                  were the acquiring authority; and
23                             (ii) no regard is to be had to any reference
24                                  to proposed public works nor to the
25                                  undertaking of improvements after there
26                                  is a notice of intention; and
27                            (iii) an amount appropriate to compensate
28                                  for the taking without agreement may be
29                                  added to the award or offer (but it may
30                                  not be more than 10% of the amount
31                                  otherwise awarded or offered unless the
32                                  Tribunal is satisfied that exceptional
33                                  circumstances justify a higher amount);
34                           and


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1               (c)    without limitation, regard is to be had to the
2                      loss or damage, if any, sustained by the owner
3                      by reason of any of the following --
4                         (i) removal expenses;
5                        (ii) disruption and reinstatement of a
6                              business;
7                       (iii) liability for capital gains tax, goods and
8                              services tax or other tax or duty;
9                       (iv) conveyancing and legal costs and other
10                             costs associated with the creation or
11                             discharge of mortgages and other
12                             interests, including for the acquisition of
13                             a replacement property.
14   (11)     In determining under subsection (9)(b) whether an
15            owner of a lot will receive a like for like exchange for
16            the lot, the Tribunal must consider --
17              (a) whether the value of what is offered in
18                     exchange is equivalent to the fair market value
19                     of the lot (as set out in subsection (10)); and
20              (b) how the location, facilities and amenity of what
21                     is offered in exchange compares to that of the
22                     lot.
23   (12)     Without limiting the factors that the Tribunal can take
24            into account under subsection (9)(c), the Tribunal must
25            consider the following --
26              (a) any evidence of impropriety in the termination
27                    process, including, for example --
28                      (i) evidence of proxy votes being exercised
29                           invalidly or votes being affected by
30                           undue influence in connection with the
31                           termination resolution; and
32                     (ii) evidence of false or misleading
33                           information (whether by inclusion or


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1                                     omission) having been included in the
2                                     outline of or the full proposal for the
3                                     termination of the strata titles scheme;
4                      (b)   the proportion of owners of lots in favour of
5                            and against the termination proposal in terms of
6                            numbers of lots and in terms of unit
7                            entitlements of lots;
8                      (c)   the termination infrastructure report and options
9                            reasonably available to address problems
10                           identified in the report (including the extent to
11                           which contributions would need to be increased
12                           for implementation of an option);
13                     (d)   any arrangements for the owner of a lot in the
14                           strata titles scheme to buy back into the
15                           subdivided land following redevelopment;
16                     (e)   the benefits and detriments of the termination
17                           proposal proceeding or not proceeding for all
18                           those whose interests must be taken into
19                           account.
20           (13)    If the Tribunal is not satisfied of the matters set out in
21                   subsection (9)(b) or (c) but would be satisfied of those
22                   matters if the termination proposal were modified in a
23                   specified manner, the Tribunal may confirm the
24                   termination resolution subject to the termination
25                   proposal being modified in the specified manner.
26           (14)    Without limitation, the modifications may include a
27                   requirement for the proponent to make a payment to a
28                   party to a lease or tenancy agreement over a lot or
29                   common property in the strata titles scheme that will
30                   terminate as a consequence of the termination of the
31                   scheme.




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1    (15)     The modifications must not have the effect of being
2             less advantageous to any owner of a lot in the strata
3             titles scheme, or, if it is a leasehold scheme, the owner
4             of the leasehold scheme, than the termination proposal
5             without modification.
6    (16)     Subsection (15) does not apply to an owner in the
7             capacity of a proponent of the termination proposal.
8    (17)     Without limiting other powers of the Tribunal to make
9             ancillary orders, if the Tribunal makes an order
10            confirming a termination resolution, it may also order
11            that, on specified conditions connected with the
12            termination being met --
13              (a) the owner of a lot in the strata titles scheme
14                    must execute a transfer of ownership of the lot;
15                    or
16              (b) if there is a duplicate certificate of title for a lot
17                    in the strata titles scheme, the owner of the lot
18                    must deliver the duplicate certificate of title to
19                    the Registrar of Titles; or
20              (c) a person with an estate or interest in, or right
21                    over, the whole or a part of the strata titles
22                    scheme parcel that is registered or recorded in
23                    the Register must take steps necessary for the
24                    discharge, withdrawal or other removal, or for
25                    the bringing forward, of the estate, interest or
26                    right; or
27              (d) the occupier of a lot or the common property in
28                    the strata titles scheme must vacate the lot or
29                    common property.
30   (18)     The Tribunal's powers under this section are
31            exercisable only by a judicial member (or by the
32            Tribunal constituted of a judicial member and other
33            members).



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1            (19)     A strata company must, as soon as practicable after
2                     being given notice of the decision of the Tribunal on an
3                     application under this section --
4                       (a) lodge with the Registrar of Titles notice of the
5                             decision in the approved form; and
6                       (b) give written notice of the decision to each
7                             person entitled to receive notice of the
8                             application.

9          184.       Endorsement of subdivision approval on plan
10              (1)   If a termination proposal can proceed further under
11                    section 182 (including, if required, because the
12                    Tribunal confirms the termination resolution under
13                    section 183) --
14                      (a) the proponent of the proposal can then make a
15                             request to the Planning Commission to approve
16                             a diagram or plan of survey under the Planning
17                             and Development Act 2005 section 145 and to
18                             endorse the approval of the plan of subdivision
19                             for the proposal obtained under section 177 on
20                             the diagram or plan of survey; and
21                      (b) the owner of the land is taken to have consented
22                             to the proponent making the request under the
23                             Planning and Development Act 2005.
24              (2)   The Planning and Development Act 2005 applies to a
25                    request under subsection (1) subject to any
26                    modifications set out in the regulations.

27         185.       Application for termination of scheme
28              (1)   The proponent of a termination proposal can make an
29                    application for termination of a strata titles scheme
30                    if --
31                       (a) the relevant approval has been obtained as set
32                            out in section 184; and


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1                (b)    the steps required to be taken before
2                       termination of the scheme for winding up the
3                       strata company under the termination proposal
4                       or an order under section 192 have been taken.
5      (2)     The application must be made within 12 months after
6              the termination resolution has been passed or, if the
7              proposal can only proceed if the Tribunal confirms the
8              termination resolution, after the Tribunal has made an
9              order under section 183 confirming the termination
10             resolution.

11   186.      Withdrawal of termination proposal
12     (1)     If the proponent of a termination proposal makes a
13             decision not to proceed with the proposal, the
14             proponent must, as soon as reasonably practicable,
15             withdraw the proposal by written notice to the strata
16             company and, if it is a leasehold scheme, the owner of
17             the leasehold scheme.
18     (2)     A strata company that is given written notice of the
19             withdrawal of a termination proposal from the
20             proponent of the proposal must, within 14 days after
21             being given the notice --
22               (a) serve the notice on each person who is --
23                        (i) the owner of a lot in the strata titles
24                            scheme; or
25                       (ii) if the full proposal for the termination of
26                            the strata titles scheme has been served
27                            by the strata company -- the occupier
28                            of a lot or the common property in the
29                            strata titles scheme; or
30                      (iii) a registered mortgagee of a lot in the
31                            strata titles scheme;
32                     and



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1                      (b)   lodge with the Registrar of Titles notice of the
2                            withdrawal of the proposal in the approved
3                            form.

4          187.       Notice that termination proposal cannot proceed
5                     further
6               (1)   This section applies if a termination proposal cannot
7                     proceed further for any of the following reasons --
8                       (a) at the end of 3 months after the outline of the
9                            termination proposal has been submitted to the
10                           strata company, the requirements of section 176
11                           have not been met;
12                      (b) at the end of 3 months after the full proposal
13                           has been submitted to the strata company, the
14                           requirements of section 180 have not been met;
15                      (c) at the end of 6 months after service of the full
16                           proposal by the strata company, a termination
17                           resolution has not been passed;
18                      (d) at the end of 12 months after a termination
19                           resolution that does not require the
20                           confirmation of the Tribunal has been passed,
21                           no application for termination of the strata titles
22                           scheme has been made;
23                      (e) the termination resolution requires confirmation
24                           of the Tribunal and --
25                              (i) the Tribunal makes a decision not to
26                                   confirm the resolution; or
27                             (ii) at the end of 12 months after the making
28                                   of an order under section 183
29                                   confirming the termination resolution,
30                                   no application for termination of the
31                                   strata titles scheme has been made.




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1      (2)     If this section applies, the strata company must --
2                (a) lodge with the Registrar of Titles notice, in the
3                       approved form, that the termination proposal
4                       cannot proceed further; and
5                (b) give written notice confirming that fact to --
6                          (i) the proponent of the termination
7                               proposal; and
8                         (ii) for a leasehold scheme, the owner of the
9                               leasehold scheme; and
10                       (iii) each member of the strata company.

11   188.      Notices received by Registrar of Titles
12             If a notice is lodged with the Registrar of Titles under
13             this Division, the Registrar of Titles must --
14               (a) record a notification in the Register; and
15               (b) for a notice of withdrawal of a termination
16                      proposal or a notice that a termination proposal
17                      cannot proceed further, record the notice as a
18                      withdrawal of all earlier notifications recorded
19                      in the Register about the termination proposal.

20   189.      Costs of process
21     (1)     A strata company may charge the proponent of a
22             termination proposal reasonable fees to cover costs
23             associated with undertaking an activity under this
24             Division.
25     (2)     The fees must not exceed any limits imposed by the
26             regulations.
27     (3)     A strata company need not undertake the relevant
28             activity until the fees have been paid.
29     (4)     If the strata company undertakes the relevant activity
30             before receiving payment for the activity, the strata
31             company can recover, in a court of competent

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1                     jurisdiction, the fees for the activity as a debt owed to it
2                     by the proponent of the termination proposal.

3          190.       Arrangements for independent advice or
4                     representation for owners
5               (1)   The regulations may require the proponent of a
6                     termination proposal to enter into specified
7                     arrangements for the owners of lots in the strata titles
8                     scheme proposed to be terminated to obtain
9                     independent advice or representation in connection
10                    with the proposal.
11              (2)   Without limitation, the arrangements may include a
12                    requirement for the proponent of a termination
13                    proposal to pay an amount to a trustee to be held in
14                    trust for owners of lots who meet specified criteria to
15                    obtain independent legal advice or representation,
16                    valuation advice or reports or financial or taxation
17                    advice in connection with the proposal.
18                    Note for this section:
19                           The main purpose of the arrangements is to ensure that
20                           vulnerable owners have access to independent advice
21                           about a termination proposal.

22                    Division 4 -- Termination by single owner
23         191.       Application for termination by single owner
24              (1)   If all the lots in a strata titles scheme are owned by the
25                    same person, that person can make an application for
26                    termination of the scheme if, under the Planning and
27                    Development Act 2005 Part 10 --
28                      (a) a plan of subdivision for the termination of the
29                             scheme has been approved (that is, for the
30                             parcel to cease being subdivided by a strata
31                             titles scheme); and
32                      (b) a diagram or plan of survey has been endorsed
33                             with that approval.

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1      (2)     The Planning and Development Act 2005 applies to the
2              required approval subject to the following
3              modifications --
4                (a) a reference to subdivision is to be read as
5                      including a reference to termination of a strata
6                      titles scheme;
7                (b) any other modifications set out in the
8                      regulations.
9      (3)     For a leasehold scheme, if the applicant for
10             cancellation of registration of the scheme is not the
11             owner of the leasehold scheme, the application can
12             only be made if the owner of the leasehold scheme has
13             given written consent to the application.

14             Division 5 -- Directions for winding up of
15                         strata company
16   192.      Order for directions about winding up of strata
17             company
18     (1)     Before a strata titles scheme is terminated, an
19             application may be made to the Tribunal for an order
20             for directions about winding up the strata company
21             by --
22               (a) an owner of a lot in the scheme; or
23               (b) a registered mortgagee of a lot in the scheme;
24                     or
25               (c) the strata company; or
26               (d) a judgement creditor of the strata company; or
27               (e) for a leasehold scheme, the owner of the
28                     leasehold scheme.
29     (2)     If proceedings are before the Tribunal under
30             section 183, the application may be made in those
31             proceedings.


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1               (3)   Without limitation, an order under this section may
2                     include directions for --
3                       (a) the sale or disposition of property of the strata
4                             company (including to whom and how
5                             proceeds must be disbursed); or
6                       (b) the discharge of the liabilities of the strata
7                             company; or
8                       (c) the administration and functions of the strata
9                             company.
10              (4)   The applicant and any person to whom a copy of the
11                    application has been given under the State
12                    Administrative Tribunal Act 2004 section 45, is entitled
13                    to appear and be heard on the hearing of the
14                    application.
15              (5)   The Tribunal may vary an order made under this
16                    section on the application of any person who was
17                    entitled to appear and be heard on the hearing of the
18                    application for the order.
19              (6)   An order under this section prevails over steps
20                    specified in a termination proposal for winding up of
21                    the strata company to the extent of any inconsistency.

22                      Division 6 -- Notice, application and
23                              registration process
24         193.       Notice of expiry or application for termination of
25                    scheme
26              (1)   A notice of the expiry of a leasehold scheme or an
27                    application for termination of a strata titles scheme
28                    must --
29                      (a) be made to the Registrar of Titles; and
30                      (b) be in the approved form; and



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1                (c)    for termination, be accompanied by the diagram
2                       or plan of survey endorsed with the approval of
3                       the Planning Commission under the Planning
4                       and Development Act 2005; and
5                (d)    be accompanied by evidence in the approved
6                       form that the requirements of this Act for the
7                       termination of the scheme have been complied
8                       with; and
9                (e)    be accompanied, if applicable, by --
10                         (i) a statement (in the approved form) of
11                              how each item registered or recorded for
12                              the scheme in the Register is to be dealt
13                              with; and
14                        (ii) disposition statements, instruments or
15                              documents necessary for that purpose;
16                      and
17                (f)   be accompanied by the fee fixed by the
18                      regulations.
19     (2)     An application for termination of a strata titles scheme
20             can be made before the diagram or plan of survey
21             required for termination of the scheme is endorsed with
22             the approval of the Planning Commission but the
23             registration of the scheme cannot be cancelled until the
24             diagram or plan of survey is so endorsed.

25   194.      Registration process for termination of scheme
26     (1)     The Registrar of Titles must, to give effect to the
27             termination of a strata titles scheme on an application
28             for termination made in accordance with
29             section 193 --
30               (a) cancel the registration of the strata titles
31                     scheme; and
32               (b) cancel the certificates of title for the lots in the
33                     strata titles scheme; and

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1                       (c)   for a leasehold scheme, record on or in
2                             connection with the certificate of title for the
3                             parcel the fact that the scheme is terminated.
4               (2)   The Registrar of Titles must, to give effect to the
5                     termination of a leasehold scheme with effect from the
6                     end of the expiry day for the scheme on a notice of
7                     expiry given in accordance with section 193 --
8                       (a) cancel the registration of the strata titles
9                             scheme; and
10                      (b) cancel the certificates of title for the lots in the
11                            strata titles scheme; and
12                      (c) record on or in connection with the certificate
13                            of title for the parcel the fact that the scheme is
14                            terminated.
15              (3)   The Registrar of Titles must take the action required
16                    under this section in the manner that the Registrar of
17                    Titles considers appropriate for incorporation in the
18                    Register under the Transfer of Land Act 1893.

19         195.       Effect of termination of scheme
20              (1)   A strata titles scheme is terminated --
21                     (a) for a leasehold scheme --
22                               (i) at the end of the expiry day for the
23                                     scheme; or
24                              (ii) if the registration of the scheme is
25                                     cancelled before that day, when the
26                                     cancellation of the registration of the
27                                     scheme is registered or recorded by the
28                                     Registrar of Titles;
29                            or
30                     (b) for a freehold scheme, when cancellation of the
31                            registration of the scheme is registered or
32                            recorded by the Registrar of Titles.


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1    (2)     On termination of a strata titles scheme, the following
2            occur --
3              (a) the scheme documents cease to have any effect;
4             (b) the lots and common property cease to exist;
5              (c) the land becomes a parcel of land that is not
6                   subdivided by a strata titles scheme;
7             (d) for a leasehold scheme --
8                      (i) the person who was the owner of the
9                            leasehold scheme immediately before
10                           termination becomes the owner of the
11                           parcel of land and is entitled to vacant
12                           possession of the land; and
13                    (ii) if the leasehold by-laws (as in force
14                           immediately before termination of the
15                           scheme) provided for the payment of
16                           compensation on the expiry of the
17                           scheme -- the owner of the parcel of
18                           land (from time to time) is liable to pay
19                           compensation to the persons who were
20                           owners of lots in the scheme
21                           immediately before its termination as
22                           required under those by-laws;
23             (e) for a freehold scheme -- the persons who were
24                  owners of the lots immediately before
25                  termination of the strata titles scheme become
26                  the owners of the parcel of land as tenants in
27                  common in shares proportional to the unit
28                  entitlements of their respective lots
29                  immediately before termination of the scheme
30                  (or, if there was only 1 such owner, the person
31                  becomes the owner of the parcel of land);
32             (f) the strata company ceases to exist;
33            (g) all rights vested in the strata company
34                  immediately before it ceased to exist are vested


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1                             in the persons who become the owners of the
2                             parcel of land on termination of the scheme;
3                      (h)    the persons who become the owners of the
4                             parcel of land on termination of the scheme
5                             become jointly and severally liable for all of the
6                             liabilities of the strata company subsisting
7                             immediately before it ceased to exist (and those
8                             persons are liable to contribute amongst
9                             themselves in shares proportional to the unit
10                            entitlements of their respective lots
11                            immediately before termination of the scheme);
12                      (i)   legal proceedings begun by or against the strata
13                            company may be completed by or against the
14                            persons who were owners of lots in the scheme
15                            immediately before its termination.
16              (3)   If 2 or more persons own a lot in a strata titles scheme,
17                    or are the owners of a leasehold scheme, that is
18                    terminated, the owners hold their share in the new
19                    parcel of land as tenants in common or as joint tenants
20                    in the same manner as they owned the lot or scheme
21                    and, if they owned it as tenants in common, in the same
22                    proportions as they owned the lot or scheme.

23           Division 7 -- Termination on compulsory acquisition

24                     Part 13 -- Tribunal proceedings
25         197.       Scheme disputes
26              (1)   This Part provides for resolution by the Tribunal of the
27                    following disputes (scheme disputes) --
28                      (a) a dispute between scheme participants about --
29                              (i) the scheme documents, including the
30                                   validity of scheme by-laws; or
31                             (ii) the performance of, or the failure to
32                                   perform, a function conferred or

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1                        imposed on a person by this Act or the
2                        scheme by-laws; or
3                (iii) an alleged contravention of this Act
4                        (other than an offence); or
5                (iv) a resolution or decision of a strata
6                        company or the council of a strata
7                        company, including its validity; or
8                 (v) the appointment or election of a member
9                        of the council or an officer of a strata
10                       company, including its validity; or
11               (vi) any other matter arising under this Act
12                       or the scheme by-laws;
13       (b)    a dispute between an applicant for the
14              registration of a strata titles scheme or
15              amendment of a strata titles scheme and a
16              person whose consent to the application is
17              required, or who may object to the application,
18              relating to the consent or objection;
19       (c)    if the scheme by-laws (other than leasehold
20              by-laws, staged subdivision by-laws and
21              exclusive use by-laws) require the approval or
22              consent of a person, other than the Planning
23              Commission or a local government, to the
24              amendment or repeal of certain scheme
25              by-laws, a dispute between that person and the
26              strata company about a refusal to give an
27              approval or consent;
28       (d)    a dispute between an infrastructure owner and a
29              strata company about a matter connected with a
30              common property (utility and sustainability
31              infrastructure) easement;
32       (e)    a dispute between the scheme developer of a
33              subdivision of land by a strata titles scheme and
34              a strata company about a matter arising under
35              Part 6;

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1                       (f)   a dispute between an applicant under
2                             section 107 and the strata company about a
3                             matter arising under Part 8 Division 1
4                             Subdivision 6;
5                      (g)    a dispute between a strata manager, or former
6                             strata manager, of a strata company and the
7                             strata company about --
8                                (i) a matter arising under Part 9; or
9                               (ii) the strata management contract; or
10                             (iii) the performance of, or the failure to
11                                    perform, a function conferred or
12                                    imposed on the strata manager;
13                     (h)    a dispute between a buyer or prospective buyer
14                            of a lot in a strata titles scheme and the seller of
15                            the lot about a matter arising under Part 10;
16                      (i)   a dispute of a class specified in the regulations.
17              (2)   The following are scheme participants --
18                     (a) the strata company for the strata titles scheme;
19                     (b) for a leasehold scheme, the owner of the
20                            leasehold scheme;
21                     (c) a person who is appointed as an administrator
22                            of a strata company for the strata titles scheme;
23                     (d) a member of the strata company for the strata
24                            titles scheme;
25                     (e) the occupier of a lot in the strata titles scheme;
26                      (f) the registered mortgagee of a lot in the strata
27                            titles scheme;
28                     (g) a member of the council of a strata company, or
29                            an officer of the strata company, for the strata
30                            titles scheme, who is not a member of the strata
31                            company.



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1    (3)     The following are not scheme disputes --
2             (a) a dispute with the Planning Commission or
3                    some other planning authority or a dispute that
4                    can be the subject of a review under the
5                    Planning and Development Act 2005 Part 14;
6             (b) a dispute with the Registrar of Titles;
7             (c) a dispute with the Valuer-General or a rating or
8                    taxing authority;
9             (d) a dispute about a contract of mortgage
10                   insurance under section 84;
11            (e) a contractual dispute, or a dispute about an
12                   estate or interest in land, between --
13                      (i) a scheme participant and a person who
14                           is not a scheme participant (other than a
15                           dispute arising out of termination of a
16                           contract under section 115); or
17                     (ii) the owner of a lot and a buyer,
18                           mortgagee or prospective buyer or
19                           mortgagee of the lot (other than a
20                           dispute of a kind referred to in
21                           subsection (1)(f) or (h));
22             (f) a dispute about an amount owed as a debt
23                   (other than a debt owed under section 99(2) or
24                   clause 53E);
25            (g) a dispute of a kind declared by the regulations
26                   not to be a scheme dispute.
27   (4)     An application for resolution of a scheme dispute can
28           be made to the Tribunal by a party to the dispute.
29   (5)     However, the occupier of a lot in a strata titles scheme
30           can only apply for resolution of a scheme dispute under
31           subsection (1)(a) if the dispute is about --
32             (a) the scheme by-laws; or



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1                      (b)    a resolution or decision of the strata company
2                             that directly affects the occupier; or
3                       (c)   an obligation or right of the occupier under this
4                             Act or the scheme by-laws.

5          198.       Procedure
6               (1)   The Tribunal may, on application by a member of a
7                     strata company, if it is satisfied that a strata company
8                     has unreasonably refused to make an application to the
9                     Tribunal under this Act --
10                      (a) authorise the member to make the application
11                            on behalf of the strata company; and
12                      (b) authorise expenditure up to a specified amount
13                            from a fund of the strata company for legal
14                            advice and legal action for the proceeding.
15              (2)   For the State Administrative Tribunal Act 2004
16                    section 45(1)(b), the following persons are entitled to a
17                    copy of, or notice of, an application to the Tribunal
18                    under this Act to which a strata company is a party --
19                      (a) each member of the strata company;
20                      (b) each mortgagee of a lot who has given written
21                            notice of the mortgagee's interest to the strata
22                            company;
23                      (c) the occupier of each lot in the strata titles
24                            scheme that would be affected if the order
25                            sought were made.
26              (3)   For the State Administrative Tribunal Act 2004
27                    section 45(1)(b), each mortgagee of a lot is entitled to a
28                    copy of, or notice of, an application to the Tribunal
29                    under this Act to which the owner of a leasehold
30                    scheme is a party.




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1    (4)     Despite the State Administrative Tribunal Act 2004
2            section 45 --
3              (a) the entitlement is to a copy of the application
4                    unless there is an approved form for the
5                    purpose, in which case, the entitlement is to
6                    notice in the approved form; and
7              (b) if the applicant is not the strata company --
8                      (i) the obligation to give a copy of, or
9                            notice of, the application to the persons
10                           entitled under subsection (2) falls on the
11                           strata company rather than on the
12                           applicant; and
13                    (ii) section 45(3) of that Act applies as if the
14                           strata company were the applicant.
15   (5)     In addition to the circumstances in which the State
16           Administrative Tribunal Act 2004 section 47 applies,
17           that section applies to a scheme dispute if the
18           Tribunal --
19             (a) is not satisfied that the nature of the dispute is
20                   more than trivial; or
21             (b) is not satisfied that the applicant has an interest
22                   in the matter that is more than trivial and
23                   warrants recourse by the applicant to the
24                   Tribunal; or
25             (c) is satisfied that the purpose of the application is
26                   to harass or annoy, or to cause delay or
27                   detriment, or is otherwise wrongful; or
28             (d) is satisfied that the nature and gravity of the
29                   dispute is such that it is reasonable to expect the
30                   parties to resolve the dispute without recourse
31                   to the Tribunal.
32   (6)     The Tribunal may make a final decision in proceedings
33           under this Act at a directions hearing if the Tribunal
34           considers that appropriate.

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1                     Note for this section:
2                            Under the State Administrative Tribunal Act 2004 Part 4
3                            Division 2 the Tribunal may, amongst other things --
4                            •    strike out all, or any part, of a proceeding if it considers
5                                that the matter, or any aspect of it, would be more
6                                appropriately dealt with by another tribunal, a court or
7                                any other person; or
 8                           •    dismiss or strike out a proceeding if it believes that it is
 9                               frivolous, vexatious, misconceived or lacking in
10                               substance, is being used for an improper purpose or is
11                               otherwise an abuse of process; or
12                           •    direct that proceedings be consolidated or split.
13                           Under section 38 of that Act, the Tribunal may order that a
14                           person be joined as a party to a proceeding.

15         199.       Declarations
16              (1)   In a proceeding under this Act, the Tribunal may make
17                    a declaration concerning a matter in the proceeding
18                    instead of any order the Tribunal could make, or in
19                    addition to any order the Tribunal makes, in the
20                    proceeding.
21              (2)   The Tribunal's power to make a declaration is
22                    exercisable only by a legally qualified member (or by
23                    the Tribunal constituted of a legally qualified member
24                    and other members).
25              (3)   Without limitation, a declaration may be made that --
26                     (a) a specified person has or has not contravened a
27                          specified provision of this Act, the scheme
28                          by-laws or a strata lease; or
29                     (b) a specified clause of a strata lease is or is not
30                          invalid; or
31                     (c) a specified scheme by-law is or is not invalid;
32                          or
33                     (d) a specified decision or resolution of a strata
34                          company is or is not invalid; or



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1                (e)    a specified appointment or election of a
2                       member of a council of a strata company or an
3                       officer of a strata company is or is not invalid;
4                       or
5                 (f)   a settlement date for a contract for the sale and
6                       purchase of a lot was or was not validly
7                       postponed under this Act; or
8                (g)    a contract for the sale and purchase of a lot was
9                       or was not validly avoided under this Act.

10   200.      Orders
11     (1)     In a proceeding under this Act, the Tribunal may make
12             any order it considers appropriate to resolve the dispute
13             or proceeding.
14     (2)     Without limitation, the orders that may be made by the
15             Tribunal on an application under this Act include the
16             following --
17               (a) an order requiring a scheme document to be
18                    amended in a specified manner (including in a
19                    manner that effects a subdivision);
20               (b) an order requiring a structural element by
21                    reference to which a lot in a strata scheme is
22                    defined to be reinstated following its damage,
23                    destruction or removal;
24               (c) an order determining the form and location of
25                    utility conduits to provide specified utility
26                    services subject to a utility service easement;
27               (d) an order requiring the scheme developer of a
28                    subdivision of land by a strata titles scheme to
29                    pay a specified amount to a strata company,
30                    being the whole or a part of the remuneration or
31                    the value of a benefit that the scheme developer
32                    failed to disclose as required under section 79;



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1                      (e)     an order determining action that must be taken
2                              or refrained from being taken by a member of a
3                              strata company under section 98;
4                      (f)     an order authorising a specified person to
5                              convene and preside at a general meeting of a
6                              strata company --
7                                 (i) as the first annual general meeting; or
8                                (ii) to appoint or elect members of the
9                                      council or officers of the strata
10                                     company; or
11                              (iii) for some other specified purpose;
12                     (g)     an order authorising a specified person to
13                             convene and preside at a meeting of the council
14                             of a strata company --
15                                (i) to appoint or elect officers of the strata
16                                     company; or
17                               (ii) for some other specified purpose;
18                   Note for paragraphs (f) and (g):
19                           The order may require the meeting to be held within a
20                           specified period or require notice of the meeting to be given
21                           in a specified manner.
22                     (h)     an order removing a specified person from
23                             office as a member of the council of a strata
24                             company or as an officer of a strata company;
25                     (i)     an order appointing a specified person as a
26                             member of the council of a strata company or
27                             as an officer of a strata company to replace a
28                             person removed from office;
29                     (j)     an order varying or terminating a strata
30                             management contract;
31                     (k)     an order requiring a strata manager to pay a
32                             specified amount to a strata company, being the
33                             whole or a part of the remuneration or the value
34                             of a benefit that the strata manager failed to

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1               disclose as required under section 145(2)(b) or
2               section 147;
3         (l)   an order requiring a strata company to take
4               specified action or to refrain from taking
5               specified action in the performance or exercise
6               of its functions, including the following --
7                  (i) an order to sell or acquire real or
8                        personal property;
9                 (ii) an order to enter into, vary or terminate
10                       a contract, including a contract for
11                       services or amenities to the strata
12                       company or the members of the strata
13                       company;
14               (iii) an order that a particular insurance
15                       claim be pursued;
16               (iv) an order that the amount of insurance
17                       cover be varied;
18                (v) an order to allow the keeping of an
19                       animal on specified conditions or
20                       prohibit the keeping of an animal on a
21                       lot or common property;
22       (m)    an order requiring a person to take specified
23              action or to refrain from taking specified action
24              to remedy a contravention or prevent further
25              contraventions of this Act, scheme by-laws or a
26              strata management contract;
27       (n)    an order that the strata company is to be taken
28              to have passed or not to have passed a specified
29              resolution required under this Act or the
30              scheme by-laws as an ordinary resolution,
31              special resolution, resolution without dissent or
32              unanimous resolution;




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1                      (o)    an order requiring a party to the proceeding
2                             before it to pay money to --
3                                (i) a person specified in the order by way
4                                     of compensation for any pecuniary loss
5                                     or damage suffered; or
6                               (ii) another party to a contract for the
7                                     purpose of adjusting the position or
8                                     rights of the parties consequentially on
9                                     the termination or variation of the
10                                    contract under the order;
11                     (p)    if a declaration is made that a contract for the
12                            sale and purchase of a lot was validly avoided
13                            under this Act, an order requiring a person who
14                            is holding a deposit or other moneys in trust to
15                            pay the deposit or other moneys to the former
16                            buyer;
17                     (q)    an order appointing an administrator of a strata
18                            company (being a person who has given written
19                            consent to the appointment) to perform some or
20                            all scheme functions.
21              (3)   If the Tribunal makes an order requiring the payment
22                    of money by a strata manager or scheme developer of a
23                    subdivision of land by a strata titles scheme, it may, on
24                    the application of a party to the proceeding or on its
25                    own initiative, by order, prohibit the strata manager or
26                    scheme developer from seeking or enforcing an
27                    indemnity from the strata company or any other party
28                    for the required payment.
29              (4)   An order may specify that it is to be taken to have
30                    come into effect on a date earlier than the date of the
31                    order.
32              (5)   An order may be made to take effect on default being
33                    made in complying with some other order made by it.



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1      (6)     An order requiring amendment of a scheme
2              document --
3                (a) must specify the extent to which the
4                     amendment is subject to the obtaining of the
5                     approvals and consents that would otherwise be
6                     required under this Act; and
7               (b) does not take effect until the Registrar of Titles
8                     registers the amendment of the scheme
9                     document.
10     (7)     An order may be expressed to remain in force for a
11             specified period, until a specified event or until further
12             order.

13   201.      Interim orders
14     (1)     In a proceeding under this Act, the Tribunal may make
15             an order on an interim basis (an interim order) if
16             satisfied that by reason of the urgent circumstances of
17             the case it should do so.
18     (2)     An interim order remains in force for the period (not
19             exceeding 3 months) specified in the order and may be
20             renewed by further order of the Tribunal for
21             subsequent periods (not exceeding, in any case,
22             3 months).
23     (3)     An interim order may be made or renewed even if the
24             period for parties to make written submissions has not
25             expired.
26     (4)     An interim order is subject to variation or revocation
27             by further order of the Tribunal.

28   202.      Decision not to make order or declaration
29             In a proceeding under this Act, the Tribunal may make
30             a decision not to make an order or declaration.



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1          203.       Certain powers only exercisable by judicial member
2                     or legally qualified member
3               (1)   The Tribunal's power to make an order under this Act
4                     is exercisable only by a judicial member (or by the
5                     Tribunal constituted of a judicial member and other
6                     members) if --
7                       (a) the order affects a title to land (including
8                             through re-entry of a strata lease); or
9                       (b) the order is an order confirming a termination
10                            resolution (as set out in section 183(18)); or
11                      (c) the order is of a class required by the
12                            regulations to be made by a judicial member.
13              (2)   The Tribunal's power to make an order under this Act
14                    is exercisable only by a legally qualified member (or
15                    by the Tribunal constituted of a legally qualified
16                    member and other members) if the order is of a class
17                    required by the regulations to be made by a legally
18                    qualified member.

19         204.       Limitations on orders
20                    In a proceeding under this Act, the Tribunal cannot --
21                      (a) make an order requiring a schedule of unit
22                            entitlements for a strata titles scheme to be
23                            amended unless it is satisfied that, if unit
24                            entitlements were to be allocated at the time of
25                            the order, the schedule of unit entitlements
26                            would require amendment; or
27                      (b) make an order that the strata company is to be
28                            taken to have passed --
29                               (i) a termination resolution; or
30                              (ii) a resolution required for postponement
31                                    of the expiry day for a leasehold
32                                    scheme; or


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1               (iii)   a resolution fixing or varying
2                       contributions unless the Tribunal is
3                       satisfied that the contributions fixed by
4                       the strata company are inadequate or
5                       excessive; or
6               (iv)    a resolution fixing or varying the
7                       interest rate applicable to contributions
8                       unless the Tribunal is satisfied that the
9                       interest rate fixed by the strata company
10                      is unreasonable; or
11               (v)    a resolution determining arrangements
12                      for payment of contributions in
13                      instalments unless the Tribunal is
14                      satisfied that the arrangements allowed
15                      by the strata company are unreasonable;
16              or
17       (c)    make an order that the amount of insurance
18              cover be varied unless satisfied that the amount
19              for which the strata company has insurance as
20              required by this Act is inadequate or excessive;
21              or
22       (d)    make an order to allow the keeping of an
23              animal on specified conditions or prohibit the
24              keeping of an animal on a lot or common
25              property unless satisfied that the strata
26              company has acted unreasonably; or
27       (e)    make an order by way of compensation for
28              personal injury or death; or
29        (f)   make an order for the payment of money to
30              resolve a dispute between a buyer or
31              prospective buyer of a lot in a strata titles
32              scheme and the seller of the lot about a matter
33              arising under Part 10 (other than to order
34              repayment of a deposit or other money); or



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1                      (g)   make an order in circumstances prohibited
2                            under the regulations.

3          205.       Administrator of strata company
4               (1)   An order of the Tribunal appointing an administrator of
5                     a strata company may specify conditions of
6                     appointment of the administrator.
7               (2)   If the Tribunal makes an order appointing an
8                     administrator of a strata company --
9                       (a) no person other than the administrator may,
10                            while the order remains in force, perform a
11                            function that the administrator is authorised to
12                            perform under the order; and
13                      (b) any act or thing done or suffered by the
14                            administrator in the performance of a function
15                            under the order has the same effect as it would
16                            have had if the order had not been made and it
17                            had been done or suffered by the person or
18                            body who, but for the order, would have been
19                            entitled or required to perform the function; and
20                      (c) the Tribunal may, by further order, vary or
21                            revoke the appointment.
22              (3)   An administrator of a strata company appointed by the
23                    Tribunal must, after performing a function under the
24                    order --
25                      (a) make a written record specifying the function
26                           and the manner of its performance; and
27                      (b) serve the record on the strata company.

28         206.       Contributions for money payable by strata
29                    company
30                    If the Tribunal makes an order that requires the
31                    payment of money by a strata company, the Tribunal


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1              may, on the application of a party to the proceeding or
2              on its own initiative, by order --
3                (a) direct that the money (and any expenses and
4                      costs of making the payment) must be paid out
5                      of contributions levied in relation to the lots in
6                      the strata titles scheme, and in the proportions,
7                      specified in the order; and
8               (b) direct the strata company to levy contributions
9                      in accordance with the order; and
10               (c) prohibit the strata company from levying a
11                     contribution that would be payable by another
12                     party to the dispute.

13   207.      Enforcement of order to act
14     (1)     An application for an order under this section can be
15             made by a person who was the applicant in a
16             proceeding under this Act in which an order to act was
17             made.
18     (2)     If the Tribunal is satisfied that an order to act has not
19             been complied with, or has been complied with in part
20             only, by the person to whom it was given, the Tribunal
21             may --
22               (a) vary, revoke or substitute the order to act; and
23               (b) make an order that the person to whom the
24                     order to act was given pay to the applicant a
25                     specified amount by way of compensation for
26                     the failure to act or to refrain from acting.
27     (3)     Subsection (2) applies whether or not the person to
28             whom the order to act was given has been convicted of
29             an offence under the State Administrative Tribunal
30             Act 2004 section 95 before the revocation of the order.




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1               (4)   The variation, revocation or substitution of an order
2                     does not affect --
3                       (a) anything done under the order before the
4                            revocation; or
5                      (b) a penalty that has been or may be imposed
6                            under the State Administrative Tribunal
7                            Act 2004 section 95 for the failure to comply
8                            with the order.

9          208.       Order overrides existing scheme by-laws
10                    If an order of the Tribunal under this Act is
11                    inconsistent with scheme by-laws as in force when the
12                    order is made, the order prevails over the by-laws to
13                    the extent of the inconsistency.
14                    Note for this section:
15                           If scheme by-laws are inconsistent, the Tribunal may make
16                           an order requiring by-laws to be amended in a specified
17                           manner.

18         209.       Original jurisdiction
19                    Unless otherwise provided in this Act, a proceeding
20                    before the Tribunal under this Act comes within the
21                    Tribunal's original jurisdiction.

22         210.       Internal review of order or declaration
23              (1)   If, in a proceeding before the Tribunal under this Act,
24                    the Tribunal is constituted without a judicial member
25                    and the Tribunal makes an order, or declaration, of a
26                    kind specified in the regulations, a party to the
27                    proceeding may apply for internal review of the order
28                    or declaration.




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1    (2)     However, an application for internal review of an order
2            or declaration can be made only if --
3              (a) leave is given by the Tribunal (constituted as
4                    required for an internal review under this
5                    section); and
6              (b) the application is made within 28 days after the
7                    order or declaration is made or within an
8                    extension of that period given by the President.
9    (3)     For an internal review of an order or declaration, the
10           Tribunal must be constituted of --
11            (a) a judicial member or a senior member who is a
12                   legally qualified member; and
13            (b) such other members, if any, as the President
14                   considers appropriate.
15   (4)     On an internal review of an order or declaration, the
16           Tribunal may --
17            (a) affirm the order or declaration; or
18            (b) vary the order or declaration; or
19            (c) set aside the order or declaration and substitute
20                  another order or declaration.
21   (5)     Unless otherwise provided by the regulations, the State
22           Administrative Tribunal Act 2004 Part 3 Division 3
23           Subdivision 3 applies in relation to an internal review
24           of an order or declaration.
25   (6)     The regulations may modify the operation of the State
26           Administrative Tribunal Act 2004 for an internal
27           review of an order or declaration.




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1                            Part 14 -- Miscellaneous
2          215.       Address for service
3               (1)   An address for service provided under this Act must be
4                     an address of a place within Australia.
5               (2)   An electronic address may be provided as an additional
6                     address for service under this Act.

7          216.       Service of documents on strata company, owners
8                     and others
9               (1)   A document required or authorised by this Act, another
10                    written law or scheme by-laws to be served on a strata
11                    company or on all owners of lots in a strata titles
12                    scheme may be served --
13                      (a) by serving it on a member of the council of the
14                            strata company; or
15                      (b) by sending it to the strata company's address
16                            for service (by post if it is a postal address or by
17                            electronic transmission if it is an electronic
18                            address); or
19                      (c) by leaving it in the letterbox provided by the
20                            strata company under section 104(3)(a).
21              (2)   Subsection (1) applies even if the document is required
22                    to be served personally on a strata company.
23              (3)   A document required or authorised by this Act or
24                    scheme by-laws to be served on the owner of a
25                    leasehold scheme may be served --
26                      (a) by serving it on the owner personally; or
27                      (b) by sending it to the owner's address for service
28                           as appearing on the roll maintained under
29                           section 105 (by post if it is a postal address or
30                           by electronic transmission if it is an electronic
31                           address).

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1    (4)     A document required or authorised by this Act or
2            scheme by-laws to be served on the owner of a lot in a
3            strata titles scheme may be served --
4              (a) by serving it on the owner personally; or
5              (b) by sending it to the owner's address for service
6                     as appearing on the roll maintained under
7                     section 105 or as last notified in writing under
8                     section 106 (by post if it is a postal address or
9                     by electronic transmission if it is an electronic
10                    address); or
11             (c) if there is no such address for service, by
12                    sending it by post to the owner to the address of
13                    the lot; or
14             (d) by serving it in a manner authorised for service
15                    on the owner of a lot by the scheme by-laws.
16   (5)     If there are 2 or more persons who are co-owners of a
17           lot, a document will be taken to be served on the owner
18           of the lot when it has been served on each of those
19           persons.
20   (6)     A document required or authorised by this Act or
21           scheme by-laws to be served on the occupier of a lot
22           may be served --
23             (a) by serving it on the occupier personally; or
24             (b) by leaving it with some person apparently of or
25                  over the age of 16 years at the address of the
26                  lot; or
27             (c) by sending it by post to the occupier at the
28                  address of the lot; or
29             (d) by serving it in a manner authorised for service
30                  on an occupier of a lot by the by-laws of the
31                  strata company.
32   (7)     A document required or authorised by this Act or
33           scheme by-laws to be served on a person other than a

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1                     person who may be served as set out under a preceding
2                     subsection may be served --
3                       (a) by serving it on the person personally or by
4                            post; or
5                       (b) by leaving it with a person apparently of or
6                            over the age of 16 years at the place of
7                            residence or place of business of the
8                            first-mentioned person; or
9                       (c) if the person has an address for service on the
10                           roll maintained by the strata company under
11                           section 105, by sending it to that address (by
12                           post if it is a postal address or by electronic
13                           transmission if it is an electronic address); or
14                      (d) if the person has an interest in the parcel that is
15                           registered or recorded in the Register, by
16                           sending it by post to the person's address as it
17                           appears in the Register; or
18                      (e) by sending it to an electronic address notified to
19                           the sender by the first-mentioned person as an
20                           address at which service of such notices will be
21                           accepted.
22              (8)   For the purposes of this section, service by post must
23                    be by pre-paid post.
24              (9)   This section is in addition to the Interpretation
25                    Act 1984 sections 75 and 76.

26         218.       Correction of errors by Registrar of Titles
27              (1)   The Commissioner of Titles may direct the Registrar of
28                    Titles to correct errors in the Register.
29              (2)   The Registrar of Titles may correct errors in a scheme
30                    document or other document lodged for registration or
31                    approval.



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1      (3)     A correction of an error under this section may require
2              the deletion of material or the insertion of material.
3      (4)     When correcting an error under this section, the
4              Registrar of Titles must --
5               (a) for a paper medium, not erase or render
6                     illegible the original writing and include the
7                     date on which the correction was made together
8                     with the Registrar's initials; and
9               (b) for a digital medium, keep a permanent record
10                    of any words or lines deleted and the date on
11                    which the correction was made.
12     (5)     A scheme document or other document corrected under
13             this section has the same validity and effect as if the
14             error had not been made except as regards any entry
15             made in the Register before the time of correcting the
16             error.

17   222.      Disposition statement
18             The regulations may provide for the registration of an
19             instrument (a disposition statement) in conjunction
20             with the registration of a strata titles scheme, an
21             amendment of a strata titles scheme, or the cancellation
22             of the registration of a strata titles scheme, by which --
23               (a) items registered or recorded for the scheme in
24                     the Register are discharged, withdrawn or
25                     otherwise removed, or brought forward, under
26                     the Transfer of Land Act 1893; or
27               (b) evidence required under this Act is provided.

28   223.      Requirements under Transfer of Land Act
29             Requirements determined under the Transfer of Land
30             Act 1893 section 182A may relate to matters arising
31             under this Act.



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1          227.       Review of this Act
2               (1)   The Minister must review the operation and
3                     effectiveness of this Act as soon as practicable after the
4                     expiry of 5 years from the day on which the Strata
5                     Titles Amendment Act 2018 section 4 comes into
6                     operation.
7               (2)   The Minister must, as soon as practicable --
8                      (a) prepare a report about the outcome of the
9                           review; and
10                     (b) cause a copy of the report to be laid before each
11                          House of Parliament.

12         228.       Transitionals and savings: Schedules 3, 4 and 5
13              (1)   Schedules 3, 4 and 5, and any transitional regulations
14                    made under section 224 or Schedule 3 clause 26, are
15                    additional to and do not prejudice or affect the
16                    application of any relevant provisions of the
17                    Interpretation Act 1984, except where the contrary
18                    intention appears.
19              (2)   The purpose of --
20                     (a) Schedule 3 is to effect the transition from the
21                           Strata Titles Act 1966 to this Act as enacted in
22                           1985; and
23                     (b) Schedule 4 is to effect the transition to the
24                           Strata Titles Amendment Act 1995.
25              (3)   Except where the contrary intention appears,
26                    Schedules 3 and 4 are to be construed in accordance
27                    with the purpose set out in subsection (2) and in
28                    particular --
29                      (a) a reference in Schedule 3 to a section of this
30                            Act is to be construed as a reference to the
31                            section as in force immediately after the


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1                                commencement of the Strata Titles Act 1985
2                                section 132; and
3                         (b)    a reference in Schedule 4 to a section of this
4                                Act is to be construed as a reference to the
5                                section as in force immediately after the
6                                commencement of the Strata Titles Amendment
7                                Act 1995 section 91.
8


9                  Division 4 -- Sections relocated to Parts 2 to 14
10   84.           Sections relocated to Parts 2 to 14
11                 The sections listed in column 1 of the Table below are, after
12                 their amendment as set out in Part 2 Division 2 of this Act,
13                 renumbered (if relevant) and relocated (in the order set out in
14                 the Table) to the Parts, Divisions and Subdivisions inserted by
15                 section 83 of this Act as set out in columns 2 and 4 of the Table.
16                                          Table
           Section       Renumbered        Section heading         Relocation of
           number          section                                    section
                           number
           s. 7          s. 87            Structural             Part 7 Division 2
                                          alteration of lot in
                                          strata scheme
           s. 7B         s. 89            Approvals and          Part 7 Division 2
                                          objections to
                                          structural
                                          alterations
           s. 24                          Preliminary            Part 3 Division 2
                                          determinations by
                                          local government
           s. 26         s. 28            Review of local        Part 3 Division 4
                                          government decision




                                                                            page 315
Strata Titles Amendment Bill 2018
Part 2          Strata Titles Act 1985 amended
Division 4      Sections relocated to Parts 2 to 14
s. 84




    Section     Renumbered         Section heading         Relocation of
    number        section                                     section
                  number
    s. 28       s. 166            Variation of strata    Part 11 Division 1
                                  scheme on damage
                                  or destruction of
                                  building
    s. 29       s. 167            Variation of strata    Part 11 Division 2
                                  scheme on taking
    s. 29A      s. 168            Variation of           Part 11 Division 2
                                  survey- strata
                                  scheme on taking
    s. 29B      s. 169            Acquiring authority    Part 11 Division 2
                                  to lodge redefining
                                  plan after partial
                                  taking
    s. 29C      s. 196            Termination on         Part 12 Division 7
                                  compulsory
                                  acquisition
    s. 33       s. 103            Strata company is      Part 8 Division 1
                                  representative of      Subdivision 4
                                  owners in
                                  proceedings
    s. 34       s. 139            Contract formalities   Part 8 Division 5
    s. 35       s. 91             General duty           Part 8 Division 1
                                                         Subdivision 1
    s. 35A      s. 105            Roll to be kept by     Part 8 Division 1
                                  strata company         Subdivision 5
    s. 36       s. 100            Administrative and     Part 8 Division 1
                                  reserve funds and      Subdivision 3
                                  contributions
    s. 37       s. 116            Powers of strata       Part 8 Division 1
                                  company generally      Subdivision 7




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                                   Strata Titles Amendment Bill 2018
                     Strata Titles Act 1985 amended           Part 2
                   Sections relocated to Parts 2 to 14   Division 4
                                                                s. 84



Section   Renumbered      Section heading          Relocation of
number      section                                   section
            number
s. 38     s. 94          Power of strata         Part 8 Division 1
                         company to carry        Subdivision 1
                         out work
s. 39A    s. 115         Power to terminate      Part 8 Division 1
                         certain contracts for   Subdivision 7
                         amenities or services
s. 44     s. 135         Functions and           Part 8 Division 4
                         constitution of
                         councils
s. 45     s. 136         Corporate body          Part 8 Division 4
                         may be officer or
                         council member
s. 57     s. 84          Insurance for lot       Part 7 Division 1
s. 60     s. 67          Registrar of Titles     Part 5 Division 4
                         to deliver copies of
                         plans
s. 61     s. 68          Particulars on plan     Part 5 Division 4
                         to be conclusive for
                         rating and taxing
                         purposes
s. 62     s. 69          Rating for strata       Part 5 Division 4
                         schemes
s. 62A    s. 70          Rating for              Part 5 Division 4
                         survey-strata
                         schemes
s. 63     s. 71          Rating on gross         Part 5 Division 4
                         rental value
s. 64     s. 72          Owner may seek a        Part 5 Division 4
                         review of
                         unimproved value of
                         parcel




                                                            page 317
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Part 2          Strata Titles Act 1985 amended
Division 4      Sections relocated to Parts 2 to 14
s. 84




    Section     Renumbered         Section heading          Relocation of
    number        section                                      section
                  number
    s. 65       s. 73             Land tax and            Part 5 Division 4
                                  metropolitan region
                                  improvement tax:
                                  strata schemes
    s. 65A      s. 74             Land tax and            Part 5 Division 4
                                  metropolitan region
                                  improvement tax:
                                  survey-strata
                                  schemes
    s. 66       s. 75             Charges for water       Part 5 Division 4
                                  supplied
    s. 67       s. 76             Water service           Part 5 Division 4
                                  charges under the
                                  Water Services
                                  Act 2012
    s. 122      s. 211            Other rights and        Part 14
                                  remedies not
                                  affected by this Act
    s. 122A     s. 212            Caravan and             Part 14
                                  camping areas not
                                  to be subdivided
    s. 123      s. 213            Dividing fences         Part 14
    s. 123B     s. 214            Internal fencing        Part 14
    s. 124      s. 170            Notice of application   Part 11 Division 3
                                  for order under
                                  section 166, 167 or
                                  168
    s. 126      s. 217            Powers of entry         Part 14
                                  under written laws
    s. 129B     s. 219            Delegation by           Part 14
                                  Commissioner of
                                  Titles




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                                       Strata Titles Act 1985 amended           Part 2
                                             Amendment of Schedules        Division 5
                                                                                  s. 85



           Section     Renumbered          Section heading         Relocation of
           number        section                                      section
                         number
           s. 129C     s. 220             Delegation by          Part 14
                                          Registrar of Titles
           s. 129D     s. 221             Money received by      Part 14
                                          Registrar of Titles
           s. 130      s. 224             Regulations            Part 14
           s. 131A     s. 225             Certain prescribed     Part 14
                                          fees may exceed cost
                                          recovery
           s. 131B     s. 226             Expiry of              Part 14
                                          section 225
1               Note: The heading to section 129D is to read:
2                     Money received by Registrar of Titles

3    85.        References to renumbered provisions in other laws or other
4               documents
5               A reference in another law or another document to a provision
6               renumbered under this Division is a reference to the provision
7               as renumbered unless the contrary intention appears.

8                     Division 5 -- Amendment of Schedules
9    86.        Schedule 1 heading replaced
10              Delete the heading to Schedule 1 and the reference after it and
11              insert:
12


13                      Schedule 1 -- Governance by-laws
14




                                                                             page 319
     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 5      Amendment of Schedules
     s. 87



1    87.         Schedule 1 by-law 1 amended
2          (1)   In Schedule 1 by-law 1(1):
3                  (a) delete "A proprietor shall --" and insert:
4

5                        The owner of a lot must --
6

7                 (b)    in paragraph (a) delete "forthwith" and insert:
8

9                        immediately
10

11                (c)    in paragraph (a) delete "by any competent public authority
12                       or local government" and insert:
13

14                       under a written law
15

16                (d)    in paragraph (a) delete "his" (each occurrence) and
17                       insert:
18

19                       the
20

21                (e)    in paragraph (b) delete "repair and maintain his" and
22                       insert:
23

24                       maintain and repair the
25

26                 (f)   in paragraph (b) delete "repair," and insert:
27

28                       condition,
29

30         (2)   In Schedule 1 by-law 1(1a):
31                 (a) renumber sub-bylaw (1a) as sub-bylaw (1A);



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                                           Strata Titles Act 1985 amended           Part 2
                                                 Amendment of Schedules        Division 5
                                                                                      s. 88



1                  (b)     delete "A proprietor shall --" and insert:
2

3                          The owner of a lot must --
4

5                  (c)     delete paragraph (a) and insert:
6

7                          (a)   notify in writing the strata company immediately on
8                                becoming the owner of the lot, including in the
9                                notice the owner's address for service for the
10                               purposes of this Act; and
11

12                 (d)     in paragraph (b) delete "his" and insert:
13

14                         the
15

16         (3)   Delete Schedule 1 by-law 1(2).
17               Note: The heading to amended by-law 1 is to read:
18                       Duties of owner

19   88.         Schedule 1 by-law 2 deleted
20               Delete Schedule 1 by-law 2.

21   89.         Schedule 1 by-law 3 amended
22         (1)   In Schedule 1 by-law 3(1):
23                 (a) delete "Where" and insert:
24

25                         If
26

27                 (b)     delete "proprietor or other" and insert:
28

29                         owner or
30




                                                                                 page 321
     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 5      Amendment of Schedules
     s. 89



1                 (c)   delete "sub-bylaw (2)," and insert:
2

3                       sub-bylaw (3),
4

5       (2)     In Schedule 1 by-law 3(2):
6                 (a) delete "shall" and insert:
7

8                       must
9

10               (b)    delete "account with an ADI (authorised deposit-taking
11                      institution) as defined in section 5 of the Banking Act 1959 of
12                      the Commonwealth" and insert:
13

14                      ADI account
15

16                (c)   delete "shall," and insert:
17

18                      must,
19

20               (d)    delete "proprietor" and insert:
21

22                      owner
23

24      (3)     In Schedule 1 by-law 3(3):
25                (a) delete "proprietor or other" and insert:
26

27                      owner or
28

29               (b)    delete "proprietor" and insert;
30

31                      owner
32




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                                        Strata Titles Act 1985 amended           Part 2
                                              Amendment of Schedules        Division 5
                                                                                   s. 90



1          (4)   In Schedule 1 by-law 3(4):
2                  (a) delete "Where" and insert:
3

4                        If
5

6                 (b)    delete "he is no longer the proprietor" and insert:
7

8                        the person is no longer the owner
9

10                 (c)   delete "a proprietor" and insert;
11

12                       an owner
13

14                (d)    delete "shall" and insert:
15

16                       must
17

18                 (e)   delete "his" and insert:
19

20                       the person's
21


22   90.         Schedule 1 by-law 4 amended
23         (1)   In Schedule 1 by-law 4(1):
24                 (a) delete "shall," and insert:
25

26                       must,
27

28                (b)    delete "shall be" and insert:
29

30                       is
31




                                                                               page 323
     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 5      Amendment of Schedules
     s. 90



1       (2)     In Schedule 1 by-law 4(2) delete "proprietor of all the lots shall"
2               and insert:
3

4               owners of all the lots
5

6       (3)     Delete Schedule 1 by-law 4(3) and insert:
7

8               (3)     If there are not more than 3 lots in the scheme, the council
9                       consists of all of the owners of the lots and, if there are more
10                      than 3 lots in the scheme, the council consists of not less
11                      than 3 nor more than 7 of the owners of the lots, as is
12                      determined by the strata company.
13

14      (4)     In Schedule 1 by-law 4(4):
15                (a) delete "Where" and insert:
16

17                        If
18

19                (b)     delete "proprietors" and insert:
20

21                        lots in the scheme,
22

23                (c)     delete "shall" and insert:
24

25                        must
26

27                (d)     delete "proprietors" and insert:
28

29                        lots in the scheme
30




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                                               Strata Titles Amendment Bill 2018
                                 Strata Titles Act 1985 amended           Part 2
                                       Amendment of Schedules        Division 5
                                                                            s. 90



1    (5)   Delete Schedule 1 by-law 4(5), (6) and (7) and insert:
2

3          (6)    If there are co-owners of a lot, 1 only of the co-owners is
4                 eligible to be, or to be elected to be, a member of the council
5                 and the co-owner who is so eligible must be nominated by
6                 the co-owners, but, if the co-owners fail to agree on a
7                 nominee, the co-owner who owns the largest share of the lot
8                 is the nominee or, if there is no co-owner who owns the
9                 largest share of the lot, the co-owner whose name appears
10                first in the certificate of title for the lot is the nominee.
11

12   (6)   In Schedule 1 by-law 4(8):
13           (a) delete "where" and insert:
14

15                 if
16

17          (b)    delete "proprietors," and insert:
18

19                 owners of lots in the scheme,
20

21          (c)    delete "his" and insert:
22

23                 the member's
24

25   (7)   In Schedule 1 by-law 4(9):
26           (a) delete "his";
27           (b) delete paragraphs (a) and (b) and insert:
28

29                  (a)   if the member dies or ceases to be an owner or
30                        co-owner of a lot; or
31                  (b)   on receipt by the strata company of a written notice
32                        of the member's resignation from the office of
33                        member; or
34


                                                                          page 325
     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 5      Amendment of Schedules
     s. 90



1                (c)      in paragraph (c) delete "he" and insert:
2

3                         the member
4

5                (d)      delete paragraph (d) and insert:
6

7                         (d)   in a case where the member is a member of the
8                               council by reason of there being not more than 3
9                               owners of lots in the scheme, on an election of
10                              members of the council (as a result of there being an
11                              increase in the number of owners to more than 3) at
12                              which the member is not elected; or
13

14               (e)      in paragraph (e) delete "where he" and insert:
15

16                        if the member
17

18                (f)     in paragraph (e) delete "sub-bylaw (8)." and insert:
19

20                        sub-bylaw (8); or
21

22               (g)      after paragraph (e) insert:
23

24                        (f)   if the Tribunal orders that the member's
25                              appointment is revoked and the member is removed
26                              from office.
27

28      (8)     Delete Schedule 1 by-law 4(10) and (11) and insert:
29

30            (10)      The remaining members of the council may appoint a
31                      person eligible for election to the council to fill a vacancy in
32                      the office of a member of the council, other than a vacancy
33                      arising under sub-bylaw (9)(c) or (d), and any person so
34                      appointed holds office, subject to this by-law, for the
35                      balance of the predecessor's term of office.

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                                          Strata Titles Act 1985 amended           Part 2
                                                Amendment of Schedules        Division 5
                                                                                     s. 91


1                        Note for this sub-bylaw:
2                                By-law 6(3A) provides for the filling of vacancies in the
3                                offices of chairperson, secretary and treasurer.

4                (11)    Except if 1 person is the owner of all of the lots in the
5                        scheme, a quorum of the council is 2 if the council consists
6                        of 3 or 4 members; 3, if it consists of 5 or 6 members; and 4,
7                        if it consists of 7 members.
8

9          (9)   In Schedule 1 by-law 4(12) delete "notwithstanding any" and
10               insert:
11

12               even if there is a
13

14    (10)       In Schedule 1 by-law 4(13):
15                 (a) delete "council shall, notwithstanding that" and insert:
16

17                         council, even if
18

19                 (b)     delete "be" and insert:
20

21                         are
22


23   91.         Schedule 1 by-law 5 amended
24         (1)   In Schedule 1 by-law 5 delete "shall" and insert:
25

26               must
27

28         (2)   In Schedule 1 by-law 5(1):
29                 (a) delete "shall determine," and insert:
30

31                         must determine,
32


                                                                                        page 327
     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 5      Amendment of Schedules
     s. 91



1                (b)    delete "shall consist." and insert:
2

3                       is to consist.
4

5       (3)     In Schedule 1 by-law 5(2) delete "chairman shall call upon those
6               persons present" and insert:
7

8               chairperson must call on those persons who are present at the meeting
9               in person or by proxy
10

11      (4)     In Schedule 1 by-law 5(3):
12                (a) delete "his" and insert:
13

14                      the
15

16               (b)    in paragraph (a) delete "chairman" and insert:
17

18                      chairperson
19

20                (c)   in paragraph (b) delete "meeting." and insert:
21

22                      meeting in person or by proxy.
23

24      (5)     In Schedule 1 by-law 5(4):
25                (a) delete "chairman -- " and insert:
26

27                      chairperson --
28

29               (b)    in paragraph (a) delete "where" and insert:
30

31                      if
32



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                                               Strata Titles Amendment Bill 2018
                                 Strata Titles Act 1985 amended           Part 2
                                       Amendment of Schedules        Division 5
                                                                            s. 91



1           (c)   in paragraph (a) delete "shall" and insert:
2

3                 must
4

5           (d)   in paragraph (b) delete "where" and insert:
6

7                 if
8

9           (e)   in paragraph (b) delete "shall" and insert:
10

11                must
12

13   (6)   In Schedule 1 by-law 5(5):
14           (a) delete "chairman shall --" and insert:
15

16                chairperson must --
17

18          (b)   in paragraph (b) delete "present and entitled to vote a blank
19                paper" and insert:
20

21                entitled to vote and present in person or by proxy, a blank
22                form
23

24          (c)   in paragraph (b) delete "he" and insert:
25

26                the person
27

28          (d)   in paragraph (b) delete "ballot-paper." and insert:
29

30                ballot form.
31




                                                                       page 329
     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 5      Amendment of Schedules
     s. 91



1       (7)     In Schedule 1 by-law 5(6):
2                 (a) delete "shall complete a valid ballot-paper" and insert:
3

4                       must complete a valid ballot form
5

6                (b)    in paragraphs (a) and (b) delete "thereon" and insert:
7

8                       on the form
9

10               (c)    in paragraph (b) delete "his" and insert:
11

12                      the person's
13

14               (d)    in paragraph (b) delete "he" and insert:
15

16                      the person
17

18               (e)    in paragraph (b) delete "proprietor" (each occurrence)
19                      and insert;
20

21                      owner
22

23                (f)   in paragraph (c) delete "ballot-paper; and" and insert:
24

25                      ballot form; and
26

27               (g)    in paragraph (d) delete "chairman." and insert:
28

29                      chairperson.
30




     page 330
                                                 Strata Titles Amendment Bill 2018
                                   Strata Titles Act 1985 amended           Part 2
                                         Amendment of Schedules        Division 5
                                                                              s. 91



1     (8)   Delete Schedule 1 by-law 5(7) and insert:
2

3                     (7)    The chairperson, or a person appointed by the
4                            chairperson, must count the votes recorded on valid
5                            ballot forms in favour of each candidate.
6

7     (9)   In Schedule 1 by-law 5(8) delete "numbers of votes shall" and
8           insert:
9

10          numbers (in terms of lots or unit entitlements as required under the
11          Strata Titles Act 1985 section 122) of votes are to
12

13   (10)   In Schedule 1 by-law 5(9):
14            (a) delete "Where the number" and insert:
15

16                    If the number (in terms of lots or unit entitlements as required
17                    under the Strata Titles Act 1985 section 122)
18

19            (b)     delete "shall" and insert:
20

21                    must
22

23            (c)     delete "present and entitled to vote." and insert:
24

25                    entitled to vote and present in person or by proxy.
26

27          Note: The heading to amended by-law 5 is to read:
28                  Election of council at general meeting




                                                                            page 331
     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 5      Amendment of Schedules
     s. 92



1    92.         Schedule 1 by-law 6 amended
2          (1)   In Schedule 1 by-law 6(1):
3                  (a) delete "shall" and insert:
4

5                        must
6

7                 (b)    delete "chairman," and insert:
8

9                        chairperson,
10

11         (2)   In Schedule 1 by-law 6(2):
12                 (a) in paragraph (a) delete "shall" and insert:
13

14                       must
15

16                (b)    in paragraph (a) delete "he" and insert:
17

18                       the person
19

20                (c)    in paragraph (b) delete "one" and insert:
21

22                       1
23

24         (3)   Delete sub-bylaw (3) and (4) and insert:
25

26               (3)    A person appointed to an office referred to in sub-bylaw (1)
27                      holds office until the first of the following events
28                      happens --
29                        (a)   the person ceases to be a member of the council
30                              under by-law 4(9);
31                        (b)   receipt by the strata company of a written notice of
32                              the person's resignation from that office;


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                                                      Strata Titles Amendment Bill 2018
                                        Strata Titles Act 1985 amended           Part 2
                                              Amendment of Schedules        Division 5
                                                                                   s. 93



1                          (c)   another person is appointed by the council to hold
2                                that office.
3                (3A)   The remaining members of the council must appoint a
4                       member of the council to fill a vacancy in an office referred
5                       to in sub-bylaw (1), other than a vacancy arising under
6                       by-law 4(9)(c) or (d), and any person so appointed holds
7                       office, subject to this by-law, for the balance of the
8                       predecessor's term of office.
9                 (4)   The chairperson is to preside at all meetings of the council
10                      but, if the chairperson is absent from, or is unwilling or
11                      unable to preside at, a meeting, the members of the council
12                      present at that meeting can appoint 1 of their number to
13                      preside at that meeting during the absence of the
14                      chairperson.
15

16                Note: The heading to amended by-law 6 is to read:
17                      Chairperson, secretary and treasurer of council

18   93.          Schedule 1 by-law 7 amended
19         (1)    In Schedule 1 by-law 7(1) delete "chairman," (each occurrence)
20                and insert:
21

22                chairperson,
23

24         (2)    In Schedule 1 by-law 7(2) delete "a proprietor to act as the
25                chairman" and insert:
26

27                an owner of a lot to act as the chairperson
28




                                                                               page 333
     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 5      Amendment of Schedules
     s. 94



1          (3)   In Schedule 1 by-law 7(3) delete "he" and insert:
2

3                the person
4

5                Note: The heading to amended by-law 7 is to read:
6                        Chairperson, secretary and treasurer of strata company

7    94.         Schedule 1 by-law 8 amended
8          (1)   In Schedule 1 by-law 8(1) delete "shall" and insert:
9

10               must
11

12         (2)   In Schedule 1 by-law 8(2):
13                 (a) in paragraph (a) delete "shall" and insert:
14

15                         must
16

17                 (b)     in paragraph (a) delete "him," and insert:
18

19                         the member
20

21                 (c)     in paragraph (a) delete "meeting;" and insert:
22

23                         meeting; or
24

25                 (d)     delete paragraph (b) and insert:
26

27                         (b)    employ or engage, on behalf of the strata company,
28                                any person as it thinks is necessary to provide any
29                                goods, amenity or service to the strata company; or
30




     page 334
                                                Strata Titles Amendment Bill 2018
                                  Strata Titles Act 1985 amended           Part 2
                                        Amendment of Schedules        Division 5
                                                                             s. 94



1           (e)    in paragraph (c) delete "one" and insert:
2

3                  1
4

5    (3)   Delete Schedule 1 by-law 8(3) and insert:
6

7          (3)    A member of a council may appoint an owner of a lot, or an
8                 individual authorised under the Strata Titles Act 1985
9                 section 136 by a corporation which is an owner of a lot, to
10                act in the member's place as a member of the council at any
11                meeting of the council.
12

13   (4)   In Schedule 1 by-law 8(4):
14           (a) delete "A proprietor" and insert:
15

16                 An owner of a lot
17

18          (b)    delete "he" and insert:
19

20                 that person
21

22   (5)   In Schedule 1 by-law 8(5):
23           (a) delete "he" (each occurrence) and insert:
24

25                 the person
26

27          (b)    delete "his" and insert:
28

29                 the person's
30

31   (6)   Delete Schedule 1 by-law 8(6).



                                                                        page 335
     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 5      Amendment of Schedules
     s. 95



1    95.        Schedule 1 by-law 9 amended
2               In Schedule 1 by-law 9:
3                 (a) delete paragraph (c) and insert:
4

5                       (c)   the supply of information on behalf of the strata
6                             company in accordance with the Strata Titles
7                             Act 1985 sections 108 and 109; and
8

9                (b)    delete paragraph (f) and insert:
10

11                      (f)   subject to the Strata Titles Act 1985 sections 127,
12                            128, 129, 200(2)(f) and 200(2)(g) the convening of
13                            meetings of the strata company and of the council.
14


15   96.        Schedule 1 by-law 10 amended
16              In Schedule 1 by-law 10:
17                (a) in paragraph (a) delete "proprietors" and insert:
18

19                      owners of lots
20

21               (b)    in paragraph (a) delete "pursuant to the Act; and" and
22                      insert:
23

24                      under the Strata Titles Act 1985; and
25

26                (c)   in paragraph (c) delete "section 43 of the Act; and" and
27                      insert:
28

29                      the Strata Titles Act 1985 section 110; and
30




     page 336
                                                    Strata Titles Amendment Bill 2018
                                      Strata Titles Act 1985 amended           Part 2
                                            Amendment of Schedules        Division 5
                                                                                 s. 97



1                (d)    delete paragraph (d) and insert:
2

3                        (d)   the keeping of the records of account referred to in
4                              the Strata Titles Act 1985 section 101 and the
5                              preparation of the statement of accounts referred to
6                              in the Strata Titles Act 1985 section 101.
7


8    97.        Schedule 1 by-laws 11 to 15 deleted
9               Delete Schedule 1 by-laws 11 to 15.

10   98.        Schedule 2 heading replaced
11              Delete the heading to Schedule 2 and the reference after it and
12              insert:
13


14                         Schedule 2 -- Conduct by-laws
15


16   99.        Schedule 2 by-law 1 replaced
17              Delete Schedule 2 by-law 1 and insert:
18


19         1.          Vehicles and parking
20              (1)    An owner or occupier of a lot must take all reasonable steps
21                     to ensure that the owner's or occupier's visitors comply with
22                     the scheme by-laws relating to the parking of motor
23                     vehicles.
24              (2)    An owner or occupier of a lot must not park or stand any
25                     motor or other vehicle on common property except with the
26                     written approval of the strata company.
27




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     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 5      Amendment of Schedules
     s. 100



1    100.        Schedule 2 by-law 2 replaced
2                Delete Schedule 2 by-law 2 and insert:
3


4           2.           Use of common property
5                        An owner or occupier of a lot must --
6                          (a)   use and enjoy the common property in such a
7                                manner as not unreasonably to interfere with the use
8                                and enjoyment of the common property by other
9                                owners or occupiers of lots or of their visitors; and
10                         (b)   not use the lot or permit it to be used in such
11                               manner or for such purpose as causes a nuisance to
12                               an occupier of another lot (whether an owner or not)
13                               or the family of such an occupier; and
14                         (c)   take all reasonable steps to ensure that the owner's
15                               or occupier's visitors do not behave in a manner
16                               likely to interfere with the peaceful enjoyment of an
17                               owner or occupier of another lot or of a person
18                               lawfully using common property; and
19                         (d)   not obstruct lawful use of common property by any
20                               person.
21


22   101.        Schedule 2 by-law 3 amended
23               In Schedule 2 by-law 3:
24                 (a) delete "a proprietor, occupier, or other resident of a lot shall"
25                      and insert:
26

27                        an owner or occupier of a lot must
28

29                 (b)    in paragraph (a) delete "upon" and insert:
30

31                        on
32




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                                                 Strata Titles Amendment Bill 2018
                                   Strata Titles Act 1985 amended           Part 2
                                         Amendment of Schedules        Division 5
                                                                            s. 102



1             (c)     in paragraph (b) delete "his" and insert:
2

3                     the owner's or occupier's
4


5    102.   Schedule 2 by-law 4 amended
6           In Schedule 2 by-law 4:
7             (a) delete "A proprietor, occupier, or other resident of a lot
8                  shall" and insert:
9

10                    An owner or occupier of a lot must
11

12            (b)     delete "upon" and insert:
13

14                    on
15

16            (c)     delete "shall" and insert:
17

18                    must
19

20            (d)     delete "the proprietor, occupier, or other resident" and
21                    insert:
22

23                    an owner or occupier
24

25          Note: The heading to amended by-law 4 is to read:
26                  Behaviour of owners and occupiers

27   103.   Schedule 2 by-law 5 deleted
28          Delete Schedule 2 by-law 5




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     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 5      Amendment of Schedules
     s. 104



1    104.       Schedule 2 by-law 6 amended
2               In Schedule 2 by-law 6:
3                 (a) delete "A proprietor, occupier, or other resident of a lot
4                      shall" and insert:
5

6                         An owner or occupier of a lot must
7

8                 (b)     delete "upon" and insert:
9

10                        on
11

12                (c)     delete "another proprietor, occupier or resident" and insert:
13

14                        an owner or occupier of another lot
15


16   105.       Schedule 2 by-law 7 amended
17              In Schedule 2 by-law 7:
18                (a) delete "A proprietor, occupier, or other resident of a lot
19                     shall" and insert:
20

21                        An owner or occupier of a lot must
22

23                (b)     in paragraph (b) delete "his" and insert:
24

25                        their
26

27              Note: The heading to amended by-law 7 is to read:
28                      Drying of laundry items and signage




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                                                Strata Titles Amendment Bill 2018
                                  Strata Titles Act 1985 amended           Part 2
                                        Amendment of Schedules        Division 5
                                                                           s. 106



1    106.   Schedule 2 by-law 8 amended
2           In Schedule 2 by-law 8:
3             (a) delete "A proprietor, occupier, or other resident of a lot
4                  shall" and insert:
5

6                   An owner or occupier of a lot must
7

8            (b)    delete "approval in writing" and insert:
9

10                  written approval
11

12            (c)   delete "upon" (each occurrence) and insert:
13

14                  on
15


16   107.   Schedule 2 by-law 9 amended
17          In Schedule 2 by-law 9:
18            (a) delete "A proprietor, occupier, or other resident of a lot
19                 shall" and insert:
20

21                  An owner or occupier of a lot must
22

23           (b)    delete "upon" and insert:
24

25                  on
26

27            (c)   delete "he" (each occurrence) and insert:
28

29                  that person
30




                                                                        page 341
     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 5      Amendment of Schedules
     s. 108



1                (d)    delete "his" and insert:
2

3                       their
4


5    108.       Schedule 2 by-law 10 amended
6               In Schedule 2 by-law 10:
7                 (a) delete "A proprietor of a lot shall" and insert:
8

9                       An owner of a lot must
10

11               (b)    delete "the proprietor, occupier, or other resident" and
12                      insert:
13

14                      an owner or occupier
15


16   109.       Schedule 2 by-law 11 amended
17              In Schedule 2 by-law 11:
18                (a) delete "A proprietor" and insert:
19

20                      An owner
21

22               (b)    after "lot" insert:
23

24                      must
25

26                (c)   in paragraph (a) delete "shall maintain within his" and
27                      insert:
28

29                      maintain within their
30




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                                               Strata Titles Amendment Bill 2018
                                 Strata Titles Act 1985 amended           Part 2
                                       Amendment of Schedules        Division 5
                                                                          s. 110



1            (d)    in paragraph (c) delete "the proprietor, occupier or other
2                   resident" and insert:
3

4                   an owner or occupier
5

6             (e)   delete "his" and insert:
7

8                   their
9


10   110.   Schedule 2 by-law 12 amended
11          In Schedule 2 by-law 12:
12            (a) delete "A proprietor, occupier or other resident shall" and
13                 insert:
14

15                  An owner or occupier of a lot must
16

17           (b)    in paragraph (a) delete "that he owns, occupies or resides in
18                  for any" and insert:
19

20                  for a
21

22            (c)   in paragraph (b) delete "any" and insert:
23

24                  the
25

26           (d)    in paragraph (c) delete "subject to section 42(15) of the
27                  Act, keep any" and insert:
28

29                  keep
30

31            (e)   in paragraph (c) after "lot" delete "that he owns, occupies
32                  or resides in";


                                                                       page 343
     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 5      Amendment of Schedules
     s. 111



1                   (f)     in paragraph (c) delete "him" and insert:
2

3                           that person
4

5                 Note: The heading to amended by-law 12 is to read:
6                         Additional duties of owners and occupiers

7    111.         Schedule 2 by-law 13 amended
8                 In Schedule 2 by-law 13:
9                   (a) delete "A proprietor of a lot shall not alter" and insert:
10

11                          An owner of a lot must not alter or permit the alteration of
12

13                  (b)     delete "shall" and insert:
14

15                          must
16


17   112.         Schedule 2 by-law 14 amended
18                In Schedule 2 by-law 14 "A proprietor, occupier or other resident
19                of a lot shall" and insert:
20

21                An owner or occupier of a lot must
22


23   113.         Schedule 2 by-law 15 inserted
24                After Schedule 2 by-law 14 insert:
25


26          15.           Decoration of, and affixing items to, inner surface of lot
27                        An owner or occupier of a lot must not, without the written
28                        consent of the strata company, paint, wallpaper or otherwise
29                        decorate a structure which forms the inner surface of the
30                        boundary of the lot or affix locking devices, flyscreens,

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                                                     Strata Titles Amendment Bill 2018
                                       Strata Titles Act 1985 amended           Part 2
                                             Amendment of Schedules        Division 5
                                                                                s. 114



1                      furnishings, furniture, carpets and other similar things to that
2                      surface, if that action will unreasonably damage the
3                      common property.
4


5    114.        Schedule 2A replaced
6                Delete Schedule 2A and insert:
7


8                Schedule 2A -- Special provisions for single tier
9                               strata schemes
10                                  Part 1 -- Introduction

11          1.         Application of Schedule
12               (1)   This Schedule contains special provisions that apply to a
13                     single tier strata scheme.
14               (2)   To the extent of any inconsistency between this Schedule
15                     and other provisions of this Act, this Schedule prevails.

16          2.         Meaning of lot and structural cubic space
17                     A reference in this Act to a lot in a strata scheme that is a
18                     single tier strata scheme is to be read as if the definitions of
19                     lot and structural cubic space in section 3(1) read as
20                     follows --
21                     lot, in a strata scheme, means 1 or more cubic spaces
22                     forming part of the parcel subdivided by the strata scheme,
23                     the base of each such cubic space being designated as 1 lot
24                     or part of 1 lot on the floor plan forming part of the scheme
25                     plan, being in each case, but subject to clause 3AB, cubic
26                     space the base of whose vertical boundaries is as delineated
27                     on a sheet of that floor plan and which has horizontal
28                     boundaries as ascertained under subsection (2), but does not
29                     include any structural cubic space except if --
30                       (a)   the boundaries of the cubic space are fixed under
31                             clause 3AB; or



                                                                                page 345
     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 5      Amendment of Schedules
     s. 114



1                       (b)   the boundaries are not so fixed and that structural
2                             cubic space --
3                                (i)    has boundaries described in accordance
4                                       with the regulations; and
5                               (ii)    is shown in that floor plan as part of a lot;
6                     structural cubic space means --
7                       (a)   cubic space occupied by a vertical structural
8                             member, not being a wall, of a building; and
9                       (b)   utility conduits in a building; and
10                      (c)   cubic space enclosed by a structure enclosing utility
11                            conduits,
12                    but, except if clause 3AB applies, does not include utility
13                    conduits that are for the exclusive use or enjoyment of 1 lot.

14        2A.         Dividing fences
15                    Sections 213 and 214 apply to a single tier strata scheme as
16                    if it were a survey-strata scheme.

17        3.          Terms used
18                    In this Schedule --
19                    permitted boundary deviation means a part of a lot that is
20                    above or below another lot in a single tier strata scheme in
21                    circumstances allowed by the regulations;
22                    single tier strata scheme means a strata scheme --
23                      (a)   in which no lot or part of a lot is above or below
24                            another lot; or
25                      (b)   that would come within paragraph (a) except for
26                            any lot that has a permitted boundary deviation.

27                             Part 2 -- Lot boundaries
28        4.          Order for extension of period for reinstatement of
29                    building without affecting boundary
30              (1)   This clause applies if a part of a building on a lot that
31                    constitutes a permitted boundary deviation has been
32                    destroyed as mentioned in clause 3AB(2).

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                               Strata Titles Act 1985 amended           Part 2
                                     Amendment of Schedules        Division 5
                                                                        s. 114



1      (2)     An application to the Tribunal for an order under this clause
2              can be made by --
3                (a)    the owner of the lot; or
4                (b)    a registered mortgagee of the lot.
5      (3)     The application must be made within 1 year from the time
6              when the destruction occurred.
7      (4)     An order under this clause is an order extending the period
8              within which the destroyed part of the building may be
9              reinstated.
10     (5)     The period is not to be extended so that the period is more
11             than 5 years from the time the destruction occurred.
12     (6)     An order can only be made under this clause if the Tribunal
13             is satisfied that there are reasonable grounds for the delay in
14             completing the reinstatement.

15                      Part 3 -- Statutory easement
16                          Part 4 -- Subdivision
17     Division 1 -- Merger of common property into lots in
18                   certain strata schemes
19                       Subdivision 1 -- Preliminary
20     Subdivision 2 -- Merger by resolution of buildings that are
21                       common property
22    Subdivision 3 -- Merger by resolution of land that is common
23                            property

24   Division 2 -- Conversion of strata schemes to survey-strata
25                           schemes
26                           Part 5 -- Insurance
27

28     Note:
29             Clauses are inserted into Schedule 2A through renumbering and
30             relocation of provisions by Division 6.



                                                                        page 347
     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 6      Sections relocated to Schedule 2A
     s. 115



1    115.       Schedule 3 heading amended
2       (1)     In the heading to Schedule 3 after "provisions" insert:
3

4               for transition from Strata Titles Act 1966 to this Act
5

6       (2)     Delete the reference after the heading to Schedule 3.

7    116.       Schedule 4 heading amended
8       (1)     In the heading to Schedule 4 after "provisions" insert:
9

10              for the Strata Titles Amendment Act 1995
11

12      (2)     Delete the reference after the heading to Schedule 4.

13              Division 6 -- Sections relocated to Schedule 2A
14   117.       Sections relocated to Schedule 2A
15              The sections listed in column 1 of the Table below are, after
16              their amendment by Part 2 Division 2 of this Act (if relevant),
17              redesignated as clauses of Schedule 2A (as inserted by
18              section 114 of this Act) and relocated (in the order in which
19              they appear in the Table) to the Parts, Divisions and
20              Subdivisions of that Schedule as set out in columns 2 and 4 of
21              the Table.
22                                       Table
              Section    Redesignated      Clause heading       Relocation of
              number        clause                                 clause
                           number
              s. 3A      cl. 3A           Single tier strata   Schedule 2A
                                          schemes to which
                                          clause 3AB applies   Part 2


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                      Strata Titles Act 1985 amended           Part 2
                    Sections relocated to Schedule 2A     Division 6
                                                               s. 117



Section   Redesignated        Clause heading          Relocation of
number       clause                                      clause
            number
s. 3AB    cl. 3AB            Alternative             Schedule 2A
                             boundaries for lots
                             in single tier strata   Part 2
                             schemes
s. 12A    cl. 12A            Easement for            Schedule 2A
                             access for certain
                             work                    Part 3
s. 21A    cl. 21A            Term used: existing     Schedule 2A
                             small strata scheme
                                                     Part 4 Division 1
                                                     Subdivision 1
s. 21B    cl. 21B            Division only           Schedule 2A
                             applies to single
                             tier strata schemes     Part 4 Division 1
                                                     Subdivision 1
s. 21C    cl. 21C            Procedures cannot       Schedule 2A
                             be invoked more
                             than once               Part 4 Division 1
                                                     Subdivision 1
s. 21D    cl. 21D            Saving                  Schedule 2A
                                                     Part 4 Division 1
                                                     Subdivision 1
s. 21E    cl. 21E            Application of this     Schedule 2A
                             Subdivision
                                                     Part 4 Division 1
                                                     Subdivision 2
s. 21F    cl. 21F            Resolution by           Schedule 2A
                             strata company
                                                     Part 4 Division 1
                                                     Subdivision 2


                                                              page 349
Strata Titles Amendment Bill 2018
Part 2          Strata Titles Act 1985 amended
Division 6      Sections relocated to Schedule 2A
s. 117




       Section     Redesignated      Clause heading         Relocation of
       number         clause                                   clause
                     number
       s. 21G      cl. 21G          Notice of resolution   Schedule 2A
                                    may be lodged for
                                    registration           Part 4 Division 1
                                                           Subdivision 2
       s. 21H      cl. 21H          Registration of        Schedule 2A
                                    notice of resolution
                                                           Part 4 Division 1
                                                           Subdivision 2
       s. 21I      cl. 21I          Effect of              Schedule 2A
                                    registration
                                                           Part 4 Division 1
                                                           Subdivision 2
       s. 21J      cl. 21J          Registrar of Titles    Schedule 2A
                                    to amend strata
                                    plan                   Part 4 Division 1
                                                           Subdivision 2
       s. 21P      cl. 21P          Application of this    Schedule 2A
                                    Subdivision
                                                           Part 4 Division 1
                                                           Subdivision 3
       s. 21Q      cl. 21Q          Resolution by          Schedule 2A
                                    strata company
                                                           Part 4 Division 1
                                                           Subdivision 3
       s. 21R      cl. 21R          Further provisions     Schedule 2A
                                    as to contents of
                                    resolution             Part 4 Division 1
                                                           Subdivision 3




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                      Strata Titles Act 1985 amended           Part 2
                    Sections relocated to Schedule 2A     Division 6
                                                               s. 117



Section   Redesignated        Clause heading          Relocation of
number       clause                                      clause
            number
s. 21S    cl. 21S            Notice of resolution    Schedule 2A
                             may be lodged for
                             registration            Part 4 Division 1
                                                     Subdivision 3
s. 21T    cl. 21T            Documents to            Schedule 2A
                             accompany notice
                                                     Part 4 Division 1
                                                     Subdivision 3
s. 21U    cl. 21U            Certificate of          Schedule 2A
                             licensed surveyor
                                                     Part 4 Division 1
                                                     Subdivision 3
s. 21V    cl. 21V            Transfers etc. to       Schedule 2A
                             give effect to notice
                             of resolution           Part 4 Division 1
                                                     Subdivision 3
s. 21W    cl. 21W            Creation of             Schedule 2A
                             easements for
                             parking etc.            Part 4 Division 1
                                                     Subdivision 3
s. 21X    cl. 21X            Registration of         Schedule 2A
                             notice of resolution
                                                     Part 4 Division 1
                                                     Subdivision 3
s. 21Y    cl. 21Y            Effect of               Schedule 2A
                             registration
                                                     Part 4 Division 1
                                                     Subdivision 3




                                                              page 351
Strata Titles Amendment Bill 2018
Part 2          Strata Titles Act 1985 amended
Division 6      Sections relocated to Schedule 2A
s. 117




       Section     Redesignated      Clause heading         Relocation of
       number         clause                                   clause
                     number
       s. 21Z      cl. 21Z          Registrar of Titles    Schedule 2A
                                    to make necessary
                                    amendments             Part 4 Division 1
                                                           Subdivision 3
       s. 31A      cl. 31A          Division only          Schedule 2A
                                    applies to single
                                    tier strata schemes    Part 4 Division 2
                                    registered before
                                    1 January 1998
       s. 31B      cl. 31B          Saving                 Schedule 2A
                                                           Part 4 Division 2
       s. 31C      cl. 31C          Resolution by          Schedule 2A
                                    strata company
                                                           Part 4 Division 2
       s. 31D      cl. 31D          Notice of resolution   Schedule 2A
                                    may be lodged for
                                    registration           Part 4 Division 2
       s. 31E      cl. 31E          Documents to           Schedule 2A
                                    accompany notice
                                                           Part 4 Division 2
       s. 31F      cl. 31F          Certificate of         Schedule 2A
                                    licensed surveyor
                                                           Part 4 Division 2
       s. 31G      cl. 31G          Creation of            Schedule 2A
                                    easements
                                                           Part 4 Division 2
       s. 31H      cl. 31H          Transfers etc. to      Schedule 2A
                                    give effect to
                                    resolution             Part 4 Division 2
       s. 31I      cl. 31I          Registration of        Schedule 2A
                                    notice of resolution
                                                           Part 4 Division 2



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                                  Strata Titles Act 1985 amended           Part 2
                                Sections relocated to Schedule 2A     Division 6
                                                                           s. 118



           Section    Redesignated        Clause heading          Relocation of
           number        clause                                      clause
                        number
           s. 31J     cl. 31J            Effect of               Schedule 2A
                                         registration
                                                                 Part 4 Division 2
           s. 31K     cl. 31K            Registrar of Titles     Schedule 2A
                                         to make necessary
                                         amendments              Part 4 Division 2
           s. 53A     cl. 53A            References in this      Schedule 2A
                                         Part
                                                                 Part 5
           s. 53B     cl. 53B            Insurance for lots      Schedule 2A
                                         in single tier strata
                                         schemes                 Part 5
           s. 53C     cl. 53C            Insurance for           Schedule 2A
                                         common property
                                         in single tier strata   Part 5
                                         schemes
           s. 53D     cl. 53D            Strata company's        Schedule 2A
                                         obligations if it has
                                         insurance function      Part 5
                                         in single tier strata
                                         scheme
           s. 53E     cl. 53E            Recovery of             Schedule 2A
                                         premium by strata
                                         company or owner        Part 5
                                         if no administrative
                                         fund in single tier
                                         strata schemes

1   118.     References to redesignated provisions in other laws or other
2            documents
3            A reference in another law or another document to a provision
4            redesignated under this Division is a reference to the provision
5            as redesignated unless the contrary intention appears.



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     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 7      Insertion of transitional provisions
     s. 119



1                Division 7 -- Insertion of transitional provisions
2    119.        Schedule 5 inserted
3                After Schedule 4 insert:
4


5                Schedule 5 -- Transitional provisions for Strata
6                          Titles Amendment Act 2018
7           1.         Terms used
8                      In this Schedule --
9                      amending Act means the Strata Titles Amendment Act 2018;
10                     commencement day means the day on which section 4 of
11                     the amending Act comes into operation.

12          2.         Continuance of strata titles schemes
13               (1)   The coming into operation of the amending Act does not
14                     affect the continued existence of the following --
15                       (a)   a strata scheme or survey-strata scheme;
16                       (b)   a lot or common property in a strata scheme or
17                             survey-strata scheme;
18                       (c)   an estate or interest in a lot or common property in a
19                             strata scheme or survey-strata scheme;
20                       (d)   a strata company, its council or its officers.
21               (2)   Each strata scheme for which a strata plan, and each
22                     survey-strata scheme for which a survey-strata plan, is
23                     registered immediately before commencement day is taken
24                     to be registered as a strata titles scheme.
25               (3)   The strata plan or survey-strata plan, the by-laws of the
26                     strata company, and the schedule of unit entitlement for a
27                     strata scheme or survey-strata scheme, as registered
28                     immediately before commencement day, continue to be
29                     registered as scheme documents and can be amended as
30                     scheme documents.



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                               Strata Titles Act 1985 amended           Part 2
                             Insertion of transitional provisions  Division 7
                                                                        s. 119



1    3.         Scheme notice
2               The name of a strata titles scheme and the address for
3               service of a strata company remains as it is immediately
4               before commencement day and may be amended as if
5               specified in a scheme notice.

6    4.         Scheme by-laws
7         (1)   The by-laws (including any management statement) of a
8               strata company as in force immediately before
9               commencement day continue in force, subject to this Act, as
10              scheme by-laws and as if they had been made as governance
11              by-laws or as conduct by-laws according to the
12              classification into which they would fall if they had been
13              made on commencement day.
14        (2)   However, all by-laws that are in force immediately before
15              commencement day in the terms set out in Schedule 1
16              clauses 11 to 15, or Schedule 2 clause 5, as then in force are
17              taken to be repealed on commencement day.
18        (3)   A by-law under section 42(8) as in force immediately before
19              commencement day is taken to be an exclusive use by-law
20              subject to this Act.
21        (4)   A by-law in force immediately before commencement day
22              that could have been made as a staged subdivision by-law if
23              made on the commencement day is taken to be a staged
24              subdivision by-law.
25        (5)   By-laws made by a strata company before commencement
26              day in accordance with the Act as in force when the by-laws
27              were made --
28                (a)   may be registered on or after commencement day
29                      even if they could not have been made on or after
30                      that day, provided an application for registration is
31                      made within 3 months after the making of the
32                      by-laws; and
33                (b)   if registered, are taken to have been made as
34                      governance by-laws or as conduct by-laws
35                      according to the classification into which they


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     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 7      Insertion of transitional provisions
     s. 119



1                             would fall if they had been made on commencement
2                             day.
3               (6)   By-laws in force immediately before commencement day
4                     that can only be amended or repealed with the consent or
5                     approval of the Planning Commission or local government
6                     are taken to have been made subject to a planning (scheme
7                     by-laws) condition.
8               (7)   Sections 46 and 47 apply to scheme by-laws whether made
9                     or registered before, on or after commencement day and a
10                    penalty may be imposed by the Tribunal under section 47
11                    whether or not the particular scheme by-law provides for a
12                    penalty as set out in section 42A as in force immediately
13                    before commencement day.

14         5.         Schedule of unit entitlements
15                    The schedule of unit entitlement registered for a strata
16                    scheme or survey-strata scheme immediately before
17                    commencement day continues to be registered as the
18                    schedule of unit entitlements for the scheme.

19         6.         Council members and officers
20              (1)   A member of the council or officer of a strata company who
21                    continues in that capacity on commencement day --
22                      (a)   must inform the council in writing, as soon as
23                            practicable after that day, of any direct or indirect
24                            pecuniary or other interest that the person has that
25                            conflicts or may conflict with the performance of a
26                            function as a member of the council or, if
27                            applicable, an officer of the strata company; and
28                      (b)   in the case of a member of the council, must not
29                            vote on a matter in which the member has an
30                            interest required to be disclosed under
31                            paragraph (a).
32              (2)   Subclause (1) does not apply to an interest arising solely
33                    from the fact that the member or officer is the owner of a lot
34                    in the strata titles scheme.



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                               Strata Titles Act 1985 amended           Part 2
                             Insertion of transitional provisions  Division 7
                                                                        s. 119



1         (3)   Subclause (1)(a) does not apply to matters of which the
2               member or officer has already informed the council in
3               writing but subclause (1)(b) does apply to such matters.

4    7.         Applications lodged with Registrar of Titles before
5               commencement day
6         (1)   An application lodged with the Registrar of Titles but not
7               finally dealt with before commencement day of a kind listed
8               below is taken to have been lodged under section 56 as an
9               application for registration of amendment of a scheme
10              plan --
11                (a)   application for registration of plan of re-subdivision
12                      under section 8A as in force immediately before
13                      commencement day;
14                (b)   application for registration of strata/survey-strata
15                      plan of consolidation under section 9 as in force
16                      immediately before commencement day;
17                (c)   application for registration of conversion of 1 or
18                      more lots into common property under section 10 as
19                      in force immediately before commencement day;
20                (d)   application for registration of a transfer of land
21                      under section 18 as in force immediately before
22                      commencement day;
23                (e)   an application for registration of a lease, transfer of
24                      a lease or sub-lease, or the surrender of a lease,
25                      under section 18 as in force immediately before
26                      commencement day (being an amendment relating
27                      to temporary common property);
28                (f)   an application for registration of a transfer of
29                      common property under section 19 as in force
30                      immediately before commencement day;
31                (g)   an application for registration of the creation or
32                      surrendering of an easement or restrictive covenant
33                      under section 20 as in force immediately before
34                      commencement day.
35        (2)   An application lodged with the Registrar of Titles but not
36              finally dealt with before commencement day for registration


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     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 7      Insertion of transitional provisions
     s. 119



1                      of an amended schedule of unit entitlement under section 15
2                      as in force immediately before commencement day is taken
3                      to have been lodged under section 56 as an application for
4                      registration of an amendment of the schedule of unit
5                      entitlements.

6          8.          Approvals and certificates
7                (1)   For the purposes of an application to the Registrar of Titles
8                      involving registration of scheme documents or amendments
9                      of scheme documents prepared before commencement
10                     day --
11                       (a)   a certificate of a licensed surveyor or licensed
12                             valuer given in relation to a strata plan,
13                             survey-strata plan or schedule of unit entitlement
14                             before commencement day in accordance with the
15                             Act as then in force is taken to comply with the
16                             requirements of the Act as amended by the
17                             amending Act; and
18                       (b)   an approval of the Planning Commission or local
19                             government given under a provision of the Act as in
20                             force immediately before commencement day is
21                             taken to be an approval under the corresponding
22                             provision of the Act as amended by the amending
23                             Act.
24               (2)   The regulations may impose time limits within which an
25                     application to the Registrar of Titles must be made if it
26                     involves registration of scheme documents or amendments
27                     of scheme documents prepared before commencement day.

28         9.          Utility service easement
29                     A utility service easement applies to utility conduits whether
30                     installed before, on or after commencement day.

31         10.         Scheme developers
32               (1)   Section 79 applies to contracts, leases and licences whether
33                     entered into or granted before, on or after commencement
34                     day in connection with a subdivision given effect by


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                                              Strata Titles Amendment Bill 2018
                                Strata Titles Act 1985 amended           Part 2
                              Insertion of transitional provisions  Division 7
                                                                         s. 119



1                registration of a strata titles scheme or an amendment of a
2                strata titles scheme on or after commencement day.
3          (2)   A person who is a scheme developer of a subdivision
4                immediately before commencement day must inform the
5                strata company in writing, as soon as practicable on or after
6                commencement day, of the following for each contract,
7                lease or licence to which section 79 applies --
8                  (a)   details of any remuneration or other benefit
9                        (including savings connected with installation or
10                       commissioning of infrastructure for the provision of
11                       services under the contract) that the scheme
12                       developer or an associate of the scheme developer
13                       has received arising out of the contract, lease or
14                       licence;
15                 (b)   details of any other direct or indirect pecuniary
16                       interest that the scheme developer or an associate of
17                       the scheme developer has in the contract, lease or
18                       licence, other than as a member of the strata
19                       company.
20         (3)   Subclause (2) does not apply to --
21                 (a) matters of which the scheme developer has already
22                      informed the strata company in writing; or
23                 (b) a contract, lease or licence relating to a subdivision
24                      given effect by registration of a strata titles scheme
25                      or an amendment of a strata titles scheme before
26                      commencement day.

27   11.         Structural alteration of lot
28               An application to the Tribunal under section 90 may relate
29               to a structural alteration made before commencement day.

30   12.         Records and correspondence
31               Section 104(1) extends to records and correspondence made
32               or kept under the Act as in force immediately before
33               commencement day and to records and correspondence in
34               the possession or control of a strata company immediately
35               before commencement day.


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     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 7      Insertion of transitional provisions
     s. 119



1          13.         Strata managers
2                (1)   A person (a strata manager) may continue to perform
3                      scheme functions under a contract or volunteer agreement
4                      with a strata company that is in force immediately before
5                      commencement day for 6 months after that day and this Act
6                      applies, for that period, as if those functions were authorised
7                      to be performed by the strata manager under section 143 and
8                      as if the contract or volunteer agreement were a strata
9                      management contract.
10               (2)   Subclause (1) --
11                       (a)   applies even if the functions could not be authorised
12                             under a strata management contract and even if the
13                             strata manager does not meet the requirements set
14                             out in section 144; and
15                       (b)   is subject to the variation or termination of the
16                             contract or volunteer agreement.
17               (3)   A contract or volunteer agreement referred to in
18                     subclause (1) ceases to have effect 6 months after
19                     commencement day unless the strata manager then meets
20                     the requirements set out in section 144 and the contract or
21                     volunteer agreement then meets the requirements set out in
22                     section 145.
23               (4)   Subject to any direction or resolution of the strata company
24                     to the contrary, a volunteer strata manager may continue to
25                     perform scheme functions performed by the strata manager
26                     immediately before commencement day for 6 months after
27                     commencement day even if the functions could not be
28                     authorised under a strata management contract and even if
29                     the strata manager does not meet the requirements set out in
30                     section 144.
31               (5)   A strata manager to whom this clause applies must inform
32                     the strata company in writing, as soon as practicable on or
33                     after commencement day, of --
34                       (a)   any direct or indirect pecuniary or other interest that
35                             the strata manager has that conflicts or may conflict



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                                              Strata Titles Amendment Bill 2018
                                Strata Titles Act 1985 amended           Part 2
                              Insertion of transitional provisions  Division 7
                                                                         s. 119



1                        with the performance of the strata manager's
2                        functions; and
3                  (b)   the amount or value of any remuneration or other
4                        benefit that the strata manager receives, or has a
5                        reasonable expectation of receiving (other than from
6                        the strata company) in connection with the
7                        performance of the strata manager's functions.
8          (6)   Subclause (5) does not apply to --
9                  (a)   remuneration or any other benefit that is less than
10                       an amount or value specified in or calculated in
11                       accordance with the regulations; or
12                 (b)   matters of which the strata manager has already
13                       informed the strata company in writing.

14   14.         Scheme disputes
15         (1)   A scheme dispute may involve an event that occurred, or a
16               matter that arose, before commencement day.
17         (2)   In determining a scheme dispute, the Tribunal may apply the
18               objectives set out in section 119 as if that section had been
19               in force when the event occurred or the matter arose.

20   15.         Administrators
21               A person who holds office as an administrator of a strata
22               company under this Act immediately before commencement
23               day continues to hold that office on the same terms and
24               conditions and section 205 applies as if the administrator
25               had been appointed under the Act as amended by the
26               amending Act.

27   16.         Schedule 2A
28               The clauses in Schedule 2A (except those in Part 1) are
29               numbered as they were as sections in the body of the Act
30               immediately before commencement day and anything done
31               under any of those sections that may have effect after that
32               day is taken to have been done under the corresponding
33               clause.


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     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 7      Insertion of transitional provisions
     s. 119



1          17.         Short form easements and restrictive covenants
2                (1)   If the regulations declare that an easement of a specified
3                      class created under section 5D as in force immediately
4                      before commencement day corresponds to a specified short
5                      form easement or restrictive covenant --
6                        (a)   an easement of that class that is in force
7                              immediately before commencement day is taken to
8                              be a short form easement or restrictive covenant of
9                              the specified kind; and
10                       (b)   the rights and obligations under the easement are
11                             those applicable to the specified short form
12                             easement or restrictive covenant.
13               (2)   An easement created under section 5D to which
14                     subclause (1) does not apply and in force immediately
15                     before commencement day --
16                       (a)   continues in force on the same terms and conditions
17                             as if the amending Act had not been enacted; but
18                       (b)   may be discharged by amendment to the scheme
19                             plan as if it were a short form easement or
20                             restrictive covenant.

21         18.         Restricted use conditions
22               (1)   A restriction on the use to which a parcel or part of a parcel
23                     may be put under section 6 as in force immediately before
24                     commencement day is taken to be a restricted use condition.
25               (2)   A reference to a retired person in such a restricted use
26                     condition is a reference to that term within the meaning of
27                     section 6A as in force immediately before commencement
28                     day.

29         19.         Approvals for structural alterations
30                     An approval under section 7 or 7A as in force immediately
31                     before commencement day is taken to be an approval under
32                     section 87 or 88 respectively.




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                                Strata Titles Act 1985 amended           Part 2
                              Insertion of transitional provisions  Division 7
                                                                         s. 119



1    20.         Temporary common property
2          (1)   Land leased under section 18 as in force immediately before
3                commencement day is taken to be leased under section 92.
4          (2)   Land noted on a strata plan or survey-strata plan under
5                section 18(4) as in force immediately before commencement
6                day that is leased by the strata company is taken to be
7                temporary common property for the strata titles scheme as if
8                the lease had been accepted under section 92.

9    21.         Termination of strata scheme by unanimous resolution
10               If the documents required for termination of a strata titles
11               scheme under section 30 or 30A as in force immediately
12               before commencement day are lodged with the Registrar of
13               Titles before commencement day, the Registrar of Titles
14               must take the steps required under that section to terminate
15               the scheme as if the amending Act had not been enacted.

16   22.         Roll
17               A roll kept by a strata company under section 35A as in
18               force immediately before commencement day is taken to be
19               a roll kept under section 105.

20   23.         Financial management
21         (1)   An administrative fund of a strata company established
22               under section 36 as in force immediately before
23               commencement day is taken to be an administrative fund
24               established under section 100.
25         (2)   A reserve fund of a strata company established under
26               section 36 as in force immediately before commencement
27               day is taken to be a reserve fund established under
28               section 100.
29         (3)   Contributions or other arrangements determined under
30               section 36 as in force immediately before commencement
31               day for any period that continues on or after commencement
32               day are taken to be contributions or arrangements
33               determined under section 100.


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     Strata Titles Amendment Bill 2018
     Part 2          Strata Titles Act 1985 amended
     Division 7      Insertion of transitional provisions
     s. 119



1                (4)   Expenditure of a strata company already authorised for the
2                      current financial year under section 47 as in force
3                      immediately before commencement day but not expended
4                      before that day is taken to be authorised under section 102.

5          24.         Extension of contract termination period
6                      Any extension of a period applying to a contract under
7                      section 39A as in force immediately before commencement
8                      day is taken to have been made under section 115.

9          25.         Provision of information
10                     If an application has been made to a strata company under
11                     section 43 as in force immediately before commencement
12                     day but not complied with before that day, the strata
13                     company must deal with the application as if it had been
14                     made under section 107.

15         26.         Authorisation of body corporate
16                     An authorisation of an individual under section 45 as in
17                     force immediately before commencement day is taken to
18                     have been given under section 136.

19         27.         Restrictions on powers of expenditure
20                     A special resolution under section 47(1)(a) as in force
21                     immediately before commencement day is taken to be a
22                     special resolution under section 102(6)(a)(i).

23         28.         Insurance in transitional period
24                     For 12 months after commencement day, a strata company
25                     is not required to comply with Part 8 Division 1
26                     Subdivision 2 or Schedule 2A Part 5 (as applicable to the
27                     strata company) if it complies with Part IV Division 4 of the
28                     Act as in force immediately before commencement day.




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                                 Strata Titles Act 1985 amended           Part 2
                               Insertion of transitional provisions  Division 7
                                                                          s. 119



1    29.         Protection of buyers
2                Part 5 of the Act as in force immediately before
3                commencement day continues to apply, as if the amending
4                Act had not been enacted, to --
5                  (a)   a contract for the sale and purchase of a lot in a
6                        strata titles scheme entered into before
7                        commencement day; and
8                  (b)   the buyer and seller for the contract; and
9                  (c)   any person who has been paid money in relation to
10                       that contract.

11   30.         Proceedings
12         (1)   A proceeding in the District Court or Tribunal under this
13               Act commenced before commencement day must be dealt
14               with as if the amending Act had not been enacted.
15         (2)   A proceeding under this Act that could have been, before
16               commencement day, commenced in the District Court must
17               instead be commenced in the Tribunal and the Tribunal has
18               jurisdiction to hear and determine the matter.
19




                                                                         page 365
     Strata Titles Amendment Bill 2018
     Part 3          Other Acts amended
     Division 1      Building Act 2011 amended
     s. 120



1                      Part 3 -- Other Acts amended
2                   Division 1 -- Building Act 2011 amended
3    120.       Act amended
4               This Division amends the Building Act 2011.

5    121.       Section 3 amended
6               In section 3 insert in alphabetical order:
7

8                     strata lease has the meaning given in the Strata Titles
9                     Act 1985;
10


11   122.       Section 5 amended
12              Section 5(1) is amended in the definition of owner by deleting
13              "freehold," and inserting:
14

15              freehold or held in leasehold under a strata lease,
16


17   123.       Section 50 deleted
18              Delete section 50.
19




     page 366
                                              Strata Titles Amendment Bill 2018
                                            Other Acts amended           Part 3
            Caravan Parks and Camping Grounds Act 1995 amended      Division 2
                                                                         s. 124



1             Division 2 -- Caravan Parks and Camping Grounds
2                            Act 1995 amended
3    124.       Act amended
4               This Division amends the Caravan Parks and Camping
5               Grounds Act 1995.

6    125.       Section 5 amended
7               In section 5(1) in the definition of site delete paragraph (b) and
8               insert:
9

10                      (b)   that is a lot in a freehold scheme under the
11                            Strata Titles Act 1985;
12


13          Division 3 -- Credit (Administration) Act 1984 amended
14   126.       Act amended
15              This Division amends the Credit (Administration) Act 1984.

16   127.       Section 4 amended
17              In section 4 in the definition of body corporate delete
18              paragraph (a) and insert:
19

20                      (a)   a strata company under the Strata Titles
21                            Act 1985; or
22




                                                                          page 367
     Strata Titles Amendment Bill 2018
     Part 3          Other Acts amended
     Division 4      Credit Act 1984 amended
     s. 128




1                    Division 4 -- Credit Act 1984 amended
2    128.       Act amended
3               This Division amends the Credit Act 1984.

4    129.       Section 5 amended
5               In section 5(1) in the definition of body corporate delete
6               paragraph (a) and insert:
7

8                       (a)   a strata company under the Strata Titles
9                             Act 1985; or
10


11                   Division 5 -- Duties Act 2008 amended
12   130.       Act amended
13              This Division amends the Duties Act 2008.

14   131.       Section 3 amended
15              In section 3 insert in alphabetical order:
16

17                    lease does not include a strata lease;
18                    strata lease has the meaning given in the Strata Titles
19                    Act 1985 section 3(1);
20


21   132.       Section 17 amended
22      (1)     Before section 17(2)(b) insert:
23

24                     (ac)   an estate in land created as a strata lot in a
25                            freehold or a leasehold scheme on the
26                            registration of the strata titles scheme or an
27                            amendment of the strata titles scheme under the
28                            Strata Titles Act 1985;

     page 368
                                                  Strata Titles Amendment Bill 2018
                                                Other Acts amended           Part 3
                                           Duties Act 2008 amended      Division 5
                                                                             s. 133


1                   Note for this paragraph:
2                           Common property created on the registration or
3                           amendment of a strata titles scheme is also not new
4                           dutiable property.
5                   (ad)      an estate in land created on termination of a
6                             strata titles scheme under the Strata Titles
7                             Act 1985;
8

9       (2)   After section 17(2) insert:
10

11            (3)   Without limiting section 11(1)(f), new dutiable
12                  property that is land in Western Australia includes an
13                  extension of the term of a strata lease for a lot in a
14                  leasehold scheme by the postponement of the expiry
15                  day for the scheme as referred to in the Strata Titles
16                  Act 2018 section 50(3).
17


18   133.     Section 18 amended
19            After section 18(c) insert:
20

21                   (ca)     a strata lease;
22


23   134.     Section 87 amended
24            In section 87(2)(j)(ii) delete "strata/survey-strata plan" and
25            insert:
26

27            strata titles scheme or an amendment of a strata titles scheme
28




                                                                                  page 369
     Strata Titles Amendment Bill 2018
     Part 3          Other Acts amended
     Division 5      Duties Act 2008 amended
     s. 135



1    135.       Section 90 amended
2       (1)     In section 90(b)(i) delete "strata lot; and" and insert:
3

4                       lot in a strata scheme (within the meaning of the Strata
5                       Titles Act 1985); and
6

7       (2)     In section 90(b)(ii) delete "strata".

8    136.       Section 112 amended
9       (1)     In section 112(6):
10                (a) in paragraph (a) delete "section 21I or 21M or an order
11                      under section 103P of that Act; or" and insert:
12

13                      Schedule 2A clause 21I; or
14

15               (b)    delete paragraphs (b) and (c);
16               (c)    in paragraph (d) delete "Part II Division 2A or Part III
17                      Division 3," and insert:
18

19                      Schedule 2A Part 4 Division 1 or 2,
20




     page 370
                                              Strata Titles Amendment Bill 2018
                                            Other Acts amended           Part 3
                     Environmental Protection Act 1986 amended      Division 6
                                                                         s. 137



1       Division 6 -- Environmental Protection Act 1986 amended
2    137.     Act amended
3             This Division amends the Environmental Protection Act 1986.

4    138.     Section 3 amended
5       (1)   In section 3(1) in the definition of responsible authority
6             paragraph (b)(ii) delete "a strata plan, strata plan of subdivision
7             or strata plan of consolidation required to be accompanied by a
8             certificate issued under section 23 of " and insert:
9

10            a subdivision of land by a strata scheme under
11

12      (2)   Delete section 3(2a)(b) and insert:
13

14                    (b)   a subdivision of land by a strata scheme under
15                          the Strata Titles Act 1985.
16


17      Division 7 -- First Home Owner Grant Act 2000 amended
18   139.     Act amended
19            This Division amends the First Home Owner Grant Act 2000.

20   140.     Section 6 amended
21            After section 6(1)(b) insert:
22

23                  (ba)    a strata lease of the land, as defined in the
24                          Strata Titles Act 1985 section 3(1);
25




                                                                            page 371
     Strata Titles Amendment Bill 2018
     Part 3          Other Acts amended
     Division 8      Heritage of Western Australia Act 1990 amended
     s. 141



1    141.       Section 14B amended
2               In section 14B(6)(a) delete "a proposed strata plan or
3               survey-strata plan within the meaning of " and insert:
4

5               for a strata titles scheme or amendment of a strata titles scheme
6               under
7


8     Division 8 -- Heritage of Western Australia Act 1990 amended
9    142.       Act amended
10              This Division amends the Heritage of Western Australia
11              Act 1990.

12   143.       Section 78 amended
13              In section 78(1)(d) delete "approval under section 25 of the
14              Strata Titles Act 1985; and" and insert:
15

16              endorsing a strata plan with unconditional approval of a
17              subdivision under the Strata Titles Act 1985 section 15(4); and
18


19          Division 9 -- Land Administration Act 1997 amended
20   144.       Act amended
21              This Division amends the Land Administration Act 1997.

22   145.       Section 3 amended
23              In section 3(1) insert in alphabetical order:
24

25                    leasehold scheme has the meaning given in the Strata
26                    Titles Act 1985 section 3(1);
27




     page 372
                                                 Strata Titles Amendment Bill 2018
                                               Other Acts amended           Part 3
                             Land Administration Act 1997 amended      Division 9
                                                                            s. 146



1    146.      Section 16 amended
2              After section 16(2) insert:
3

4             (2A)     If the charge secures the due performance of conditions
5                      concerning a specified use under section 75(1) and
6                      those conditions are varied under that section, the
7                      charge is to be taken to secure the performance of the
8                      conditions as so varied.
9


10   147.      Section 35 amended
11      (1)    In section 35(4):
12               (a) in paragraph (a)(ii) delete "if a sublease or caveat" and
13                     insert:
14

15                      if a sublease, caveat or other interest
16

17               (b)    in paragraph (a)(ii) delete "Crown land;" and insert:
18

19                      Crown land; or
20

21               (c)    after paragraph (a)(ii) insert:
22

23                           (iii)    if it is land referred to in
24                                    subsection (1)(b) subdivided by a
25                                    leasehold scheme, remains so
26                                    subdivided and the freehold reversion in
27                                    the land is held by the Minister until the
28                                    termination of the leasehold scheme,
29                                    when the land becomes Crown land;
30




                                                                          page 373
     Strata Titles Amendment Bill 2018
     Part 3          Other Acts amended
     Division 9      Land Administration Act 1997 amended
     s. 147



1       (2)     In section 35(5)(a)(i) delete "sublease or caveat" and insert:
2

3               sublease, caveat or other interest
4

5       (3)     In section 35(6) after "sublease" insert:
6

7               or other interest
8

9       (4)     In section 35(7):
10                (a) after "sublease" insert:
11

12                       or other interest
13

14                (b)    delete "sublessee," and insert:
15

16                       sublessee or interest holder,
17

18                (c)    delete "sublease." and insert:
19

20                       sublease or other interest.
21

22      (5)     In section 35(10) delete "any sublease or caveat" and insert:
23

24              it is subdivided by a leasehold scheme or any sublease, caveat
25              or other interest that
26

27      (6)     After section 35(10) insert:
28

29            (10A)     If the freehold reversion in land forfeited under this
30                      section is held by the Minister, as referred to in
31                      subsection (4)(a)(iii), then nothing in this Act, or any

     page 374
                                                Strata Titles Amendment Bill 2018
                                              Other Acts amended           Part 3
                            Land Administration Act 1997 amended      Division 9
                                                                           s. 148



1                     other law, affects the capacity of the Minister under the
2                     Strata Titles Act 1985 to be, and to exercise all rights
3                     and functions as --
4                       (a) the owner of a leasehold scheme; and
5                       (b) if the Minister, as owner of a leasehold scheme,
6                             re-enters a lot in a leasehold scheme under the
7                             Strata Titles Act 1985 -- the owner of a lot in a
8                             leasehold scheme.
9


10   148.     Section 72 amended
11      (1)   In section 72 insert in alphabetical order:
12

13                    owner of a leasehold scheme has the meaning given in
14                    the Strata Titles Act 1985 section 3(1);
15                    resolution without dissent has the meaning given in
16                    the Strata Titles Act 1985 section 3(1);
17                    scheme by-laws has the meaning given in the Strata
18                    Titles Act 1985 section 3(1);
19                    strata company has the meaning given in the Strata
20                    Titles Act 1985 section 3(1);
21                    strata lease has the meaning given in the Strata Titles
22                    Act 1985 section 3(1).
23

24      (2)   In section 72 in the definition of employee delete "1994." and
25            insert:
26
27            1994;
28




                                                                         page 375
     Strata Titles Amendment Bill 2018
     Part 3          Other Acts amended
     Division 9      Land Administration Act 1997 amended
     s. 149



1    149.       Section 75 amended
2       (1)     After section 75(3) insert:
3
4             (3A)    Conditional tenure land cannot be subdivided except by
5                     a leasehold scheme and with the written permission of
6                     the Minister.
7             (3B)    If conditional tenure land is subdivided by a leasehold
8                     scheme -
9                       (a) strata leases of lots in the scheme, and the
10                            scheme by-laws, are invalid to the extent that
11                            they are inconsistent with the conditions
12                            concerning the specified use; and
13                      (b) a strata lease of a lot in the scheme is taken to
14                            contain a condition (contravention of which
15                            may lead to forfeiture of the lot to the owner of
16                            the leasehold scheme) that the lot must not be
17                            used for a purpose that is inconsistent with the
18                            conditions concerning the specified use; and
19                      (c) if the owner of the leasehold scheme or the
20                            strata company refuses or fails to take action to
21                            enforce a strata lease or the scheme by-laws
22                            after being given a reasonable opportunity to do
23                            so, the Minister may take that action as if the
24                            Minister were the owner of the leasehold
25                            scheme or the strata company, as the case
26                            requires.
27

28      (2)     In section 75(4) delete "When conditional tenure land is used in
29              breach of any condition concerning the specified use --" and
30              insert:
31

32              If there is a breach of the conditions concerning the specified
33              use of conditional tenure land --
34



     page 376
                                               Strata Titles Amendment Bill 2018
                                             Other Acts amended           Part 3
                           Land Administration Act 1997 amended      Division 9
                                                                          s. 149



1    (3)    In section 75(6) before "licence" insert:
2

3           lease,
4

5    (4)    After section 75(6) insert:
6

7          (6A)      Subsection (6) does not apply -
8                     (a) to an individual lot in a leasehold scheme
9                           (rather than to the parcel of land subdivided by
10                          the scheme); or
11                    (b) in circumstances prescribed in the regulations.
12         (6B)      The Minister may, by order, on the application of the
13                   holder of the freehold in conditional tenure land, vary
14                   the conditions concerning the specified use.
15         (6C)      The Minister may charge the holder an amount for
16                   variation of the conditions concerning the specified
17                   use, being the difference between the unimproved
18                   value of the conditional tenure land, as determined by
19                   the Minister on the advice of the Valuer-General, if it
20                   were transferred at the time of the variation subject to
21                   the conditions as varied and the price that was paid for
22                   the conditional tenure land when it was transferred to
23                   the holder or a predecessor of the holder under
24                   subsection (1).
25         (6D)      Subject to the regulations, an application for variation
26                   of the conditions concerning the specified use must be
27                   accompanied by --
28                     (a) the written consent of each person with a lease,
29                           licence, mortgage, charge, security or other
30                           encumbrance over the conditional tenure land
31                           (disregarding any such lease, licence, mortgage,
32                           charge, security or encumbrance over an
33                           individual lot in a leasehold scheme rather than

                                                                        page 377
     Strata Titles Amendment Bill 2018
     Part 3          Other Acts amended
     Division 10     Land Information Authority Act 2006 amended
     s. 150



1                              over the parcel of land subdivided by the
2                              scheme); and
3                      (b)     if the land is subdivided by a leasehold scheme,
4                              evidence to the satisfaction of the Minister that
5                              the strata company has passed a resolution
6                              without dissent in favour of the variation.
7

8       (5)     In section 75(4) after paragraph (a) delete "and" and insert:
9

10              or
11


12    Division 10 -- Land Information Authority Act 2006 amended
13   150.       Act amended
14              This Division amends the Land Information Authority Act 2006.

15   151.       Section 94A amended
16              In section 94A(5)(b) delete "section 131A;" and insert:
17

18              section 225;
19




     page 378
                                            Strata Titles Amendment Bill 2018
                                          Other Acts amended           Part 3
                        Land Tax Assessment Act 2002 amended     Division 11
                                                                       s. 152




1           Division 11 -- Land Tax Assessment Act 2002 amended
2    152.     Act amended
3             This Division amends the Land Tax Assessment Act 2002.

4    153.     Section 43A amended
5             Delete section 43A(1)(a) and insert:
6

7                     (a)   the new lot is not a lot in a strata scheme as
8                           defined in the Strata Titles Act 1985
9                           section 3(1); and
10


11   154.     Section 43B inserted
12            At the end of Part 3 Division 5 insert:
13


14          43B.    Freehold reversion in parcel subdivided by
15                  leasehold scheme, exemption for
16            (1)   In this section --
17                  parcel has the same meaning as in the Strata Titles
18                  Act 1985 section 3(1).
19            (2)   Land is exempt for an assessment year if at midnight
20                  on 30 June in the previous financial year the land is --
21                    (a) freehold reversion in a parcel that has been
22                         subdivided under the Strata Titles Act 1985 by
23                         a leasehold scheme registered under that Act; or
24                   (b) freehold in possession in a parcel that has been
25                         subdivided, as referred to in clause 3(1)(d), by a
26                         leasehold scheme to be registered under the
27                         Strata Titles Act 1985.
28




                                                                        page 379
     Strata Titles Amendment Bill 2018
     Part 3          Other Acts amended
     Division 11     Land Tax Assessment Act 2002 amended
     s. 155



1    155.       Glossary amended
2       (1)     In the Glossary clause 1 delete the definitions of:
3

4               strata plan
5               strata scheme
6               strata title home unit
7               survey-strata plan
8               survey-strata scheme
9

10      (2)     In the Glossary clause 1 in the definition of home unit delete
11              paragraph (a) and insert:
12

13                       (a)    a lot as defined in the Strata Titles Act 1985
14                              section 3(1); or
15

16      (3)     In the Glossary clause 1 in the definition of owner delete
17              paragraph (b) and insert:
18

19                      (b)     in relation to a lot as defined in the Strata Titles
20                              Act 1985 section 3(1), means the owner of the lot
21                              within the meaning of that Act; or
22

23      (4)     In the Glossary clause 2(1) in the definition of lot delete
24              paragraph (a)(vii) and insert:
25

26                              (vii)    a lot defined in a scheme plan or
27                                       amendment of a scheme plan under the
28                                       Strata Titles Act 1985 where the land the
29                                       subject of the scheme plan is subdivided as
30                                       referred to in clause 3(1)(d); or
31




     page 380
                                              Strata Titles Amendment Bill 2018
                                            Other Acts amended           Part 3
                             Local Government Act 1995 amended     Division 12
                                                                         s. 156



1       (5)    In the Glossary delete clause 3(1)(d) and (e) and insert:
2

3                      (d)   in the case of land the subject of a scheme plan or
4                            amendment of a scheme plan under the Strata Titles
5                            Act 1985 --
6                              (i)   if the plan or amendment of the plan is
7                                    required to be endorsed with the
8                                    unconditional approval of the Western
9                                    Australian Planning Commission of the
10                                   subdivision under the Strata Titles Act 1985
11                                   section 15(4) or 17(3) -- the plan or
12                                   amendment of the plan is so endorsed; or
13                            (ii)   if not -- an occupancy permit or a building
14                                   approval certificate is granted under the
15                                   Building Act 2011 Part 4 Division 3, as
16                                   required under the Strata Titles Act 1985
17                                   section 34(d)(i) or 35(1)(j)(i).
18


19            Division 12 -- Local Government Act 1995 amended
20   156.      Act amended
21             This Division amends the Local Government Act 1995.

22   157.      Section 1.4 amended
23             In section 1.4 in the definition of owner after paragraph (a)(i)
24             insert:
25

26                            (ia)   the owner of a lot in a leasehold scheme
27                                   as defined in the Strata Titles Act 1985
28                                   section 3(1); and
29




                                                                           page 381
     Strata Titles Amendment Bill 2018
     Part 3          Other Acts amended
     Division 13     Perth Parking Management Act 1999 amended
     s. 158



1     Division 13 -- Perth Parking Management Act 1999 amended
2    158.       Act amended
3               This Division amends the Perth Parking Management Act 1999.

4    159.       Section 4 amended
5               In section 4 in the definition of owner delete paragraph (a)
6               insert:
7

8                       (a)   if the land or building is part or all of the
9                             common property or a lot in a strata titles
10                            scheme within the meaning of the Strata Titles
11                            Act 1985 section 3(1) -- the strata company for
12                            that scheme, within the meaning of that Act; or
13


14     Division 14 -- Planning and Development Act 2005 amended
15   160.       Act amended
16              This Division amends the Planning and Development Act 2005.

17   161.       Section 4 amended
18              In section 4(1) in the definition of lot delete "in relation to a
19              strata scheme, a lot in relation to a survey-strata scheme, or a lot
20              shown as common property on a survey-strata plan, as those
21              terms are defined in the Strata Titles Act 1985;" and insert:
22

23              as defined in the Strata Titles Act 1985 section 3(1);
24




     page 382
                                              Strata Titles Amendment Bill 2018
                                            Other Acts amended           Part 3
                     Planning and Development Act 2005 amended     Division 14
                                                                         s. 162



1    162.      Section 136 amended
2       (1)    Delete section 136(3A) and insert:
3


4             (2D)   Subsection (1) applies to land comprised of common
5                    property or a lot in a strata titles scheme and a
6                    reference in that subsection to a lot includes a reference
7                    to a lot in a strata titles scheme.
8             (2E)   However, subsection (1) does not apply to the sale of
9                    common property or part of a lot, an agreement to sell
10                   common property or part of a lot or the grant of an
11                   option of purchase of common property or part of a lot
12                   if the transaction is associated with a subdivision by
13                   registration of an amendment of a strata titles scheme.
14            (2F)   Words in subsections (2D) and (2E) have the meanings
15                   given in the Strata Titles Act 1985 section 3(1) (and
16                   references to those words in sections 139 and 140 are
17                   to be read accordingly).
18

19      (2)    In section 136(3) in the definition of licence to use or occupy
20             delete "easement;" and insert:
21

22                   easement.
23

24      (3)    In section 136(3) delete the definition of lot.

25   163.      Section 148 deleted
26             Delete section 148.




                                                                        page 383
     Strata Titles Amendment Bill 2018
     Part 3          Other Acts amended
     Division 14     Planning and Development Act 2005 amended
     s. 164



1    164.       Section 150 amended
2               In section 150(3)(a) and (c) delete "plan lodged" and insert:
3

4               scheme plan lodged
5


6    165.       Section 152 amended
7       (1)     In section 152(1) delete "plan under" and insert:
8

9               scheme plan under
10

11      (2)     In section 152(2)(a) delete "plan lodged" and insert:
12

13              scheme plan lodged
14

15      (3)     In section 152(3)(b) delete "plan" and insert:
16

17              scheme plan
18


19   166.       Part 10 Division 5A inserted
20              After section 164 insert:
21


22                    Division 5A -- Integration of subdivision and
23                                   development
24          164A.       Integration of subdivision and development
25              (1)     This section applies if, on an application for
26                      subdivision approval or development approval, the
27                      Commission or responsible authority forms the opinion
28                      that the integration of subdivision and development

     page 384
                                    Strata Titles Amendment Bill 2018
                                  Other Acts amended           Part 3
           Planning and Development Act 2005 amended     Division 14
                                                               s. 166



1          approvals or multiple subdivision or development
2          approvals is necessary or desirable --
3            (a) due to the size of the lots and potential impact
4                 on the amenity of the locality; or
5            (b) for other reasons associated with the
6                 achievement of orderly and proper planning,
7                 and the preservation of the amenity, of the
8                 locality.
9    (2)   The main purposes of integrating subdivision and
10         development approvals are --
11           (a) to facilitate a cohesive approach to planning
12                and development in circumstances
13                where subdivision and development should
14                only be undertaken in conjunction with each
15                other; and
16          (b) to ensure that, in those circumstances,
17                appropriate conditions for both the subdivision
18                and development of land are determined as
19                early as is practicable.
20   (3)   Without limitation, integration of subdivision and
21         development approvals will generally be necessary or
22         desirable in the context of a strata scheme within the
23         meaning of the Strata Titles Act 1985.
24   (4)   If this section applies --
25           (a) the Commission may, in order to achieve the
26                  necessary or desirable integration of
27                  subdivision and development approvals, refuse
28                  to determine an application for subdivision
29                  approval until other applications for subdivision
30                  or development approvals are made or are made
31                  and determined; and
32           (b) the Commission may refuse to unconditionally
33                  endorse a diagram or plan of survey with a
34                  subdivision approval in order for the plan to be

                                                              page 385
     Strata Titles Amendment Bill 2018
     Part 3          Other Acts amended
     Division 14     Planning and Development Act 2005 amended
     s. 166



1                            registered in the Register under the Transfer of
2                            Land Act 1893 unless satisfied that --
3                               (i) the diagram or plan of survey is an
4                                    accurate depiction of the subdivision
5                                    that has been prepared after completion
6                                    of the works necessary for the
7                                    subdivision and the construction or
8                                    modification of the buildings necessary
9                                    for the development, the approvals of
10                                   which have been required to be
11                                   integrated; and
12                             (ii) the subdivision and development has
13                                   been undertaken consistently with the
14                                   relevant approvals, including their
15                                   conditions; and
16                            (iii) the requirements of the Building
17                                   Act 2011 have been complied with for
18                                   the development.
19              (5)   Regulations may be made --
20                     (a) requiring the Commission or a responsible
21                           authority to inform each other and share
22                           information about an application for
23                           subdivision approval or development approval;
24                           or
25                     (b) requiring an applicant to provide additional
26                           documents or information reasonably required
27                           to determine whether subdivision and
28                           development approvals should be integrated
29                           under this section and to give effect to any such
30                           integration; or
31                     (c) establishing processes for the concurrent or
32                           separate consideration of subdivision and
33                           development approvals to which this section
34                           applies and for the imposition of conditions of
35                           approvals to which this section applies; or

     page 386
                                            Strata Titles Amendment Bill 2018
                                          Other Acts amended           Part 3
                   Planning and Development Act 2005 amended     Division 14
                                                                       s. 167



1                    (d)    otherwise facilitating the integration of
2                           subdivision and development approvals.
3


4    167.     Section 165 amended
5             Delete section 165(1)(b) and insert:
6

7                    (b)    a strata titles scheme as defined in the Strata
8                           Titles Act 1985 section 3(1), registered, or
9                           lodged for registration, under that Act,
10


11   168.     Section 167 amended
12            In section 167(1)(a) and (c) delete "plan lodged" and insert:
13

14            scheme plan lodged
15


16   169.     Section 168 amended
17      (1)   In section 168(1), (3), (4)(a) and (8)(a) delete "plan lodged" and
18            insert:
19

20            scheme plan lodged
21

22      (2)   In section 168(9) delete "plan that" and insert:
23

24            scheme plan that
25




                                                                        page 387
     Strata Titles Amendment Bill 2018
     Part 3          Other Acts amended
     Division 15     Property Law Act 1969 amended
     s. 170



1    170.       Schedule 2 amended
2               In schedule 2 clause 4(4) and (5) delete "Part II" and insert:
3

4               Part 3
5


6               Division 15 -- Property Law Act 1969 amended
7    171.       Act amended
8               This Division amends the Property Law Act 1969.

9    172.       Section 68A amended
10              In section 68A delete "1987." and insert:
11

12              1987 and the Strata Titles Act 1985.
13


14     Division 16 -- Rates and Charges (Rebates and Deferments)
15                        Act 1992 amended
16   173.       Act amended
17              This Division amends the Rates and Charges (Rebates and
18              Deferments) Act 1992.

19   174.       Section 27 amended
20              In section 27(1) delete "possession in land" and insert:
21

22              possession in land, a strata lease as defined in the Strata Titles
23              Act 1985
24




     page 388
                                            Strata Titles Amendment Bill 2018
                                          Other Acts amended           Part 3
            Real Estate and Business Agents Act 1978 amended     Division 17
                                                                       s. 175



1    175.   Section 28 amended
2           Delete section 28(1)(a)(ii) and insert:
3

4                          (ii)   made under the Strata Titles Act 1985
5                                 Part 5 Division 4;
6


7    176.   Section 33 amended
8           In section 33(1) delete "possession in land" and insert:
9

10          possession in land, a strata lease as defined in the Strata Titles
11          Act 1985
12


13   177.   Section 43 amended
14          In section 43(2)(a) delete "land; or" and insert:
15

16          land or as the sole owner of a lot in a leasehold scheme, as
17          defined in the Strata Titles Act 1985 section 3(1); or
18


19           Division 17 -- Real Estate and Business Agents
20                        Act 1978 amended
21   178.   Act amended
22          This Division amends the Real Estate and Business Agents
23          Act 1978.




                                                                       page 389
     Strata Titles Amendment Bill 2018
     Part 3          Other Acts amended
     Division 18     Residential Tenancies Act 1987 amended
     s. 179



1    179.       Section 61 amended
2               In section 61(4a) in the definition of prescribed transaction
3               delete paragraph (a) and insert:
4

5                       (a)     the sale of a proposed lot under the Strata Titles
6                               Act 1985 before the lot is created;
7


8    180.       Section 131A amended
9               In section 131A in the definition of dwelling delete
10              paragraph (a) and insert:
11

12                      (a)     a lot within the meaning of the Strata Titles
13                              Act 1985; and
14


15          Division 18 -- Residential Tenancies Act 1987 amended
16   181.       Act amended
17              This Division amends the Residential Tenancies Act 1987.

18   182.       Section 5 amended
19              After section 5(1) insert:
20

21           (1A)     This Act does not apply to a residential tenancy
22                    agreement that is a strata lease, within the meaning of
23                    the Strata Titles Act 1985.
24                    Note for this subsection:
25                            This subsection does not affect the application of this Act to
26                            a residential tenancy agreement that is a sublease of a
27                            strata lease.
28




     page 390
                                                Strata Titles Amendment Bill 2018
                                              Other Acts amended           Part 3
                            Retirement Villages Act 1992 amended     Division 19
                                                                           s. 183



1           Division 19 -- Retirement Villages Act 1992 amended
2    183.     Act amended
3             This Division amends the Retirement Villages Act 1992.

4    184.     Section 54B inserted
5             Before section 55 insert:
6


7           54B.    Jurisdiction of Tribunal under Strata Titles Act 1985
8                   Section 54 does not derogate from the jurisdiction of
9                   the Tribunal under the Strata Titles Act 1985 in respect
10                  of a retirement village that is also a strata titles scheme.
11


12             Division 20 -- Sale of Land Act 1970 amended
13   185.     Act amended
14            This Division amends the Sale of Land Act 1970.

15   186.     Section 11 amended
16            In section 11 in the definition of lot delete paragraphs (a) and
17            (b) and insert:
18

19                    (a)   a lot as defined in the Strata Titles Act 1985
20                          section 3(1); and
21


22           Division 21 -- Settlement Agents Act 1981 amended
23   187.     Act amended
24            This Division amends the Settlement Agents Act 1981.




                                                                         page 391
     Strata Titles Amendment Bill 2018
     Part 3          Other Acts amended
     Division 22     Swan and Canning Rivers Management Act 2006 amended
     s. 188



1    188.       Section 46 amended
2       (1)     In section 46(2):
3                 (a) in paragraph (a) delete "2005; or" and insert:
4

5                       2005 or the Strata Titles Act 1985; or
6

7                (b)    in paragraph (b) after "land" insert:
8

9                       the subject of a strata lease as defined in the Strata Titles
10                      Act 1985 section 3(1) or land
11


12   189.       Section 47 amended
13              In section 47(2)(a) after "except":
14

15              a strata lease as defined in the Strata Titles Act 1985
16              section 3(1) or
17


18          Division 22 -- Swan and Canning Rivers Management
19                          Act 2006 amended
20   190.       Act amended
21              This Division amends the Swan and Canning Rivers
22              Management Act 2006.

23   191.       Section 3 amended
24              In section 3(1) in the definition of owner after paragraph (b)
25              insert:
26

27                      (c)   in relation to a strata lease as defined in the
28                            Strata Titles Act 1985 section 3(1) -- the owner



     page 392
                                              Strata Titles Amendment Bill 2018
                                            Other Acts amended           Part 3
                             Transfer of Land Act 1893 amended     Division 23
                                                                         s. 192



1                          of the lot to which the strata lease relates,
2                          within the meaning of that Act;
3


4    192.   Section 28 amended
5           In section 28(1)(b) after "lease" insert:
6

7           (including a strata lease as defined in the Strata Titles Act 1985
8           section 3(1))
9


10          Division 23 -- Transfer of Land Act 1893 amended
11   193.   Act amended
12          This Division amends the Transfer of Land Act 1893.

13   194.   Section 3 amended
14          At the end of section 3 insert:
15

16          (4)   If a provision of this Act is inconsistent with a
17                provision of the Strata Titles Act 1985 that relates to
18                strata leases, the provision of that Act prevails to the
19                extent of the inconsistency.
20


21   195.   Section 4 amended
22          In section 4(1) delete the definition of strata/survey-strata plan.

23   196.   Section 11 amended
24          In section 11 after "by this" insert:
25

26          or any other
27




                                                                           page 393
     Strata Titles Amendment Bill 2018
     Part 3          Other Acts amended
     Division 23     Transfer of Land Act 1893 amended
     s. 197



1    197.       Section 48B amended
2       (1)     In section 48B(1) after "unless" insert:
3

4               subsection (1A) applies or
5

6       (2)     After section 48B(1) insert:
7

8             (1A)    A duplicate certificate of title is not to be issued to the
9                     proprietor of a strata leasehold estate in land as defined
10                    in the Strata Titles Act 1985 section 3(1).
11

12      (3)     In section 48B(3) delete "proprietor of land that is the subject of
13              a certificate of title has requested that a duplicate certificate of
14              title not be" and insert:
15

16              duplicate certificate of title is not
17

18      (4)     In section 48B(5) delete "Nothing" and insert:
19

20              Subject to subsection (1A), nothing
21

22   198.       Section 65A amended
23              Delete section 65A(2) and insert:
24

25              (2)   If an easement is created under Part IVA by notation
26                    on a scheme plan as defined in the Strata Titles
27                    Act 1985 section 3(1) or as a short form easement or
28                    restrictive covenant under that Act, it is not necessary
29                    for a memorandum of the easement to be entered on
30                    the certificates of title for the dominant and servient
31                    tenements that are also a subject of that plan.
32


     page 394
                                              Strata Titles Amendment Bill 2018
                                            Other Acts amended           Part 3
                             Transfer of Land Act 1893 amended     Division 23
                                                                         s. 199



1    199.   Section 129A amended
2           Delete section 129A(6) and insert:
3

4           (6)    If a restrictive covenant is created under Part IVA by
5                  notation on a scheme plan as defined in the Strata
6                  Titles Act 1985 section 3(1) or as a short form
7                  easement or restrictive covenant under that Act, it is
8                  not necessary for a memorandum of the restrictive
9                  covenant to be entered on the certificates of title for the
10                 dominant and servient tenements that are also a subject
11                 of that plan.
12


13   200.   Section 129C amended
14          In section 129C(1d) in the definition of lot delete "lot, other
15          than a common property lot on a survey-strata plan;" and insert:
16

17          lot;
18


19   201.   Section 136A amended
20          In 136A(b) delete "strata/survey-strata" and insert:
21

22          scheme
23


24   202.   Section 136F amended
25          In 136F(1)(a) before "plan" insert:
26

27          scheme
28




                                                                        page 395
     Strata Titles Amendment Bill 2018
     Part 3          Other Acts amended
     Division 24     Valuation of Land Act 1978 amended
     s. 203



1    203.       Section 198 amended
2               In section 198 after "this Act" insert:
3

4               or the Strata Titles Act 1985
5


6    204.       Section 239 amended
7       (1)     In section 239(1):
8                 (a) in paragraph (b) delete "graphic or a strata/survey-strata
9                       plan;" and insert:
10

11                      graphic;
12

13               (b)    before paragraph (c) insert:
14

15                     (bb)   a scheme document or any item registered or
16                            recorded for a strata titles scheme under the
17                            Strata Titles Act 1985;
18


19            Division 24 -- Valuation of Land Act 1978 amended
20   205.       Act amended
21              This Division amends the Valuation of Land Act 1978.

22   206.       Section 24 amended
23              In section 24(1) delete "sections 62 and 63 of ".

24   207.       Section 37 amended
25              In section 37(c) delete "section 60 of ".




     page 396
                                            Strata Titles Amendment Bill 2018
                                          Other Acts amended           Part 3
                             Water Services Act 2012 amended     Division 25
                                                                       s. 208



1           Division 25 -- Water Services Act 2012 amended
2    208.   Act amended
3           This Division amends the Water Services Act 2012.

4    209.   Section 71 amended
5           In section 71(2)(b) delete "a proprietor" and insert:
6

7           an owner
8


9    210.   Section 124 amended

10          In section 124(4) delete "Part IV Division 5." and insert:
11
12          Part 5 Division 4.
13


14   211.   Section 125 amended

15          In section 125(2) delete "section 66." and insert:
16


17          section 75.
18


19




                                                                     page 397

 


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