(1) A strata titles
scheme may be —
(a) a
freehold scheme; or
(b) a
leasehold scheme.
Note for this section:
All schemes created
under this Act before the commencement of the Strata Titles Amendment Act 2018
are freehold schemes.
(2) In a freehold
scheme —
(a)
there is no separate title for the parcel subdivided by the scheme; and
(b) each
lot is a freehold lot; and
(c) the
parcel cannot be dealt with (including by registration of a mortgage) or
disposed of under the Transfer of Land Act 1893 .
(3) In a leasehold
scheme —
(a)
there is a separate title for the parcel subdivided by the scheme; and
(b) each
lot in the scheme is a leasehold lot subject to a strata lease; and
(c) the
scheme expires on a specified day (the expiry day for the scheme); and
(d) the
expiry day must be a day that is —
(i)
at least 20 years (or, if some other period is specified
in the regulations, that period) after registration of the scheme; and
(ii)
not more than 99 years after registration of the scheme;
and
(e) the
expiry day will be specified in the scheme notice; and
(f)
within the parameters set out in paragraph (d)(ii), leasehold by-laws for the
scheme may provide for postponement of the expiry day; and
(g) if
leasehold by-laws provide for postponement of the expiry day, the expiry day
may be postponed if the postponement is within the parameters set out in
paragraph (d)(ii) and is supported by a resolution under section 41; and
(h) the
expiry day is postponed when an amendment of the scheme notice is registered
giving effect to the postponement; and
(i)
the registered proprietor of the parcel (the owner of the
leasehold scheme ) is entitled to the reversion in the land on the expiry or
termination of the scheme; and
(j) the
existence of the leasehold scheme and its expiry day must be endorsed on the
certificate of title for the parcel; and
(k) the
owner of the leasehold scheme is the lessor and the owner of a lot in the
scheme is the lessee under the strata lease for the lot; and
(l) the
owner of the leasehold scheme may be the owner of a lot in the scheme despite
any law relating to the merger of leasehold and reversionary estates in land;
and
(m) the
owner of the leasehold scheme cannot separately deal with or dispose of the
reversion in a lot or the common property of the strata titles scheme; and
(n) the
reversion in the parcel can be transferred, disposed of or mortgaged as a
whole, and a memorial or property seizure sale order can be made in relation
to the reversion of the parcel as a whole under the Transfer of Land Act 1893
, but no other dealings can be registered under that Act against the reversion
in the parcel.
Note for this subsection:
For the scheme notice,
see section 29. For leasehold by-laws, see section 40.
[Section 8 inserted: No. 30 of 2018 s. 83.]
[ 8A-8C. Deleted: No. 30 of 2018 s. 82(b).]