(1) Upon the
registration of a strata/survey-strata plan, the proprietors from time to time
shall constitute a strata company by the name of “The Owners of [the
name of the scheme]” and the number of the strata/survey-strata plan
allocated to it by the Registrar of Titles.
(2) A strata company
created under subsection (1) is a body corporate with perpetual
succession and a common seal.
(2a) For the purposes
of subsection (1) the name of the scheme shall be that stated on the
strata plan under section 5(1)(d), or on the survey-strata plan under
(2b) In the case of a
strata plan registered before the commencement of section 36 of the
Strata Titles Amendment Act 1995 1 the name of the building
endorsed on the plan, or recorded under section 41(2), shall be deemed to
be the name of the scheme for the purposes of subsection (1).
(3) A strata
capable of suing and being sued; and
shall be regulated in accordance with this Act and the by-laws in force in
respect of that strata company; and
do and suffer all things that bodies corporate generally may, by law, do and
suffer and that are necessary for or incidental to the purposes for which a
strata company is constituted.
(4) The following
matters are declared to be excluded matters for the purposes of
section 5F of the Corporations Act 2001 of the Commonwealth in
relation to the whole of the Corporations legislation to which Part 1.1A
of that Act applies —
act or omission of any person, body or other entity in relation to a strata
[Section 32 amended: No. 58 of 1995
s. 36; No. 10 of 2001 s. 189.]