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STRATA TITLES ACT 1985 - SCHEDULE 2A

        [Heading inserted: No. 30 of 2018 s. 114.]

Part 1 — Introduction

        [Heading inserted: No. 30 of 2018 s. 114.]

1 .         Application of Schedule

        (1)         This Schedule contains special provisions that apply to a single tier strata scheme.

        (2)         To the extent of any inconsistency between this Schedule and other provisions of this Act, this Schedule prevails.

        [Clause 1 inserted: No. 30 of 2018 s. 114.]

2 .         Meaning of lot and structural cubic space

                A reference in this Act to a lot in a strata scheme that is a single tier strata scheme is to be read as if the definitions of lot and structural cubic space in section 3(1) read as follows —

        lot , in a strata scheme, means 1 or more cubic spaces forming part of the parcel subdivided by the strata scheme, the base of each such cubic space being designated as 1 lot or part of 1 lot on the floor plan forming part of the scheme plan, being in each case, but subject to clause 3AB, cubic space the base of whose vertical boundaries is as delineated on a sheet of that floor plan and which has horizontal boundaries as ascertained under subsection (2), but does not include any structural cubic space except if —

            (a)         the boundaries of the cubic space are fixed under clause 3AB; or

            (b)         the boundaries are not so fixed and that structural cubic space —

                  (i)         has boundaries described in accordance with the regulations; and

                  (ii)         is shown in that floor plan as part of a lot;

        structural cubic space means —

            (a)         cubic space occupied by a vertical structural member, not being a wall, of a building; and

            (b)         utility conduits in a building; and

            (c)         cubic space enclosed by a structure enclosing utility conduits,

        but, except if clause 3AB applies, does not include utility conduits that are for the exclusive use or enjoyment of 1 lot.

        [Clause 2 inserted: No. 30 of 2018 s. 114.]

2A .         Dividing fences

                Sections 213 and 214 apply to a single tier strata scheme as if it were a survey-strata scheme.

        [Clause 2A inserted: No. 30 of 2018 s. 114.]

3 .         Terms used

                In this Schedule —

        permitted boundary deviation means a part of a lot that is above or below another lot in a single tier strata scheme in circumstances allowed by the regulations;

        single tier strata scheme means a strata scheme —

            (a)         in which no lot or part of a lot is above or below another lot; or

            (b)         that would come within paragraph (a) except for any lot that has a permitted boundary deviation.

        [Clause 3 inserted: No. 30 of 2018 s. 114.]

Part 2 — Lot boundaries

        [Heading inserted: No. 30 of 2018 s. 114.]

3A .         Single tier strata schemes to which clause 3AB applies

        (1)         Clause 3AB fixes the boundaries of lots and parts of lots, other than boundaries that are external to a building, for single tier strata schemes in the following cases —

            (a)         unless the strata plan for a scheme provides that clause 3AB does not apply to it, for a scheme the strata plan for which is registered —

                  (i)         on or after the commencement of section 6 of the Strata Titles Amendment Act 1996 ; and

                  (ii)         before 1 January 1998;

            (b)         for a scheme in respect of which a notice of resolution has been registered under clause 21H, including any lot or part of a lot in such a scheme the boundaries of which are amended by registration of a notice of resolution under clause 21X;

            (c)         for a scheme the strata plan for which is registered on or after 1 January 1998, except if the boundaries are —

                  (i)         stated on the plan to be those provided for by section 3(2)(a); or

                  (ii)         are fixed by a description shown on the plan under section 3(2)(b).

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

        [Clause 3A, formerly section 3A, inserted: No. 61 of 1996 s. 6; amended, redesignated as clause 3A and relocated: No. 30 of 2018 s. 8 and 117.]

3AB .         Alternative boundaries for lots in single tier strata schemes

        (1)         If this clause applies, the boundaries of a cubic space referred to in paragraph (a) of the definition of floor plan in section 3(1) are, regardless of the exact location of the lines referred to in that paragraph —

            (a)         the external surfaces of the building occupying the area represented on that floor plan —

                  (i)         including any thing that —

                        (I)         is attached to and projects from the building; and

        (II)         is prescribed by the regulations to be included as part of a lot;

                but

                  (ii)         excluding any thing that is prescribed by the regulations not to be included as part of a lot;

                or

            (b)         despite paragraph (a), if 2 lots —

                  (i)         have a common or party wall, the centre plane of that wall; or

                  (ii)         have buildings on them that are joined, the plane or planes at which they are joined.

        (2)         If under subclause (1) —

            (a)         the boundary of a lot is a part of a building that constitutes a permitted boundary deviation; and

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

                the boundary referred to in paragraph (a) ceases to apply on the expiry of that period and the boundary in question becomes a vertical plane from the base line shown on the strata plan.

        (3)         Nothing in this clause applies to a boundary of a lot or a part of a lot that is external to a building.

        (4)         If this clause applies it —

            (a)         displaces the operation of section 3(2)(a); but

            (b)         does not affect the operation of section 3(2)(b).

        [Clause 3AB, formerly section 3AB, inserted: No. 61 of 1996 s. 6; amended: No. 55 of 2004 s. 1157; amended, redesignated as clause 3AB and relocated: No. 30 of 2018 s. 9 and 117.]

4 .         Order for extension of period for reinstatement of building without affecting boundary

        (1)         This clause applies if a part of a building on a lot that constitutes a permitted boundary deviation has been destroyed as mentioned in clause 3AB(2).

        (2)         An application to the Tribunal for an order under this clause can be made by —

            (a)         the owner of the lot; or

            (b)         a registered mortgagee of the lot.

        (3)         The application must be made within 1 year from the time when the destruction occurred.

        (4)         An order under this clause is an order extending the period within which the destroyed part of the building may be reinstated.

        (5)         The period is not to be extended so that the period is more than 5 years from the time the destruction occurred.

        (6)         An order can only be made under this clause if the Tribunal is satisfied that there are reasonable grounds for the delay in completing the reinstatement.

        [Clause 4 inserted: No. 30 of 2018 s. 114.]

Part 3 — Statutory easement

        [Heading inserted: No. 30 of 2018 s. 114.]

12A .         Easement for access for certain work

        (1)         If, under clause 3AB(1), the boundary of a lot or part of a lot is the external surface of a part of a building that constitutes a permitted boundary deviation or is on the boundary of another lot, the owner of the lot that includes that part of the building, and any of the owner’s agents, employees and contractors, may —

            (a)         inspect, maintain, repair, renew or replace the part; and

            (b)         enter on the other lot, if necessary with vehicles, equipment, materials and other items, for the purpose of doing so.

        (2)         The rights created by subclause (1) are an easement burdening the other lot.

        [Clause 12A, formerly section 12A, inserted: No. 61 of 1996 s. 13; amended, redesignated as clause 12A and relocated: No. 30 of 2018 s. 12 and 117.]

Part 4 — Subdivision

        [Heading inserted: No. 30 of 2018 s. 114.]

Division 1 — Merger of common property into lots in certain strata schemes

        [Heading inserted: No. 30 of 2018 s. 114.]

Subdivision 1 — Preliminary

        [Heading inserted: No. 30 of 2018 s. 114.]

21A .         Term used: existing small strata scheme

                In this Division —

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

        [Clause 21A, formerly section 21A, inserted: No. 61 of 1996 s. 16; amended, redesignated as clause 21A and relocated: No. 30 of 2018 s. 13 and 117.]

21B .         Division only applies to single tier strata schemes

                This Division applies only to a single tier strata scheme.

        [Clause 21B, formerly section 21B, inserted: No. 61 of 1996 s. 16; redesignated as clause 21B and relocated: No. 30 of 2018 s. 117.]

21C .         Procedures cannot be invoked more than once

        (1)         After a notice of resolution has been registered under clause 21H in respect of a strata scheme, no further notice of resolution may be registered under that clause in respect of that scheme.

        (2)         After a resolution has been registered under clause 21X in respect of a strata scheme, no further resolution may be registered under that clause in respect of that scheme.

        [Clause 21C, formerly section 21C, inserted: No. 61 of 1996 s. 16; amended, redesignated as clause 21C and relocated: No. 30 of 2018 s. 14 and 117.]

21D .         Saving

                Nothing in this Division prevents or limits the subdivision of lots by the registration of an amendment of the strata scheme.

        [Clause 21D, formerly section 21D, inserted: No. 61 of 1996 s. 16; amended, redesignated as clause 21D and relocated: No. 30 of 2018 s. 15 and 117.]

Subdivision 2 — Merger by resolution of buildings that are common property

        [Heading inserted: No. 30 of 2018 s. 114.]

21E .         Application of this Subdivision

                This Subdivision does not apply to a strata scheme the strata plan for which is registered on or after 1 January 1998.

        [Clause 21E, formerly section 21E, inserted: No. 61 of 1996 s. 16; redesignated as clause 21E and relocated: No. 30 of 2018 s 117.]

21F .         Resolution by strata company

        (1)         A strata company for a strata scheme may, by resolution in the approved form, resolve that the boundaries of lots or parts of lots in the scheme are to be fixed by reference to the boundaries provided for by clause 3AB.

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

        [Clause 21F, formerly section 21F, inserted: No. 61 of 1996 s. 16; amended: No. 55 of 2004 s. 1157; amended, redesignated as clause 21F and relocated: No. 30 of 2018 s. 16 and 117.]

21G .         Notice of resolution may be lodged for registration

        (1)         If a strata company has passed a resolution under clause 21F it may lodge with the Registrar of Titles a notice of resolution in the approved form.

        (1A)         The notice of resolution cannot be lodged before the end of the period of 60 days after the day on which the resolution was passed.

        (2)         The notice may be lodged in any case by the strata company or, in the case of an existing small strata scheme, by all of the owners of lots in the scheme.

        [(3)         deleted]

        [Clause 21G, formerly section 21G, inserted: No. 61 of 1996 s. 16; amended: No. 55 of 2004 s. 1110; amended, redesignated as clause 21G and relocated: No. 30 of 2018 s. 17 and 117.]

21H .         Registration of notice of resolution

                The Registrar of Titles is to register a notice of resolution if the relevant requirements of this Division are satisfied.

        [Clause 21H, formerly section 21H, inserted: No. 61 of 1996 s. 16; redesignated as clause 21H and relocated: No. 30 of 2018 s. 117.]

21I .         Effect of registration

        (1)         The effect of the registration of a notice of resolution is that without the need for any other documentation —

            (a)         the boundaries of lots or parts of lots on the strata plan are fixed by reference to clause 3AB regardless of where they were located before that registration; and

            (b)         each lot as so defined is subject to —

                  (i)         any encumbrance that was registered; or

                  (ii)         caveat that was lodged,

                with the Registrar of Titles against the lot before the registration.

        (2)         Any encumbrance or caveat referred to in subclause (1) is taken to be amended to give effect to that subclause.

        [Clause 21I, formerly section 21I, inserted: No. 61 of 1996 s. 16; amended, redesignated as clause 21I and relocated: No. 30 of 2018 s. 18 and 117.]

21J .         Registrar of Titles to amend strata plan

                The Registrar of Titles is to amend the strata plan in the manner specified in the regulations to give effect to clause 21I.

        [Clause 21J, formerly section 21J, inserted: No. 61 of 1996 s. 16; amended, redesignated as clause 21J and relocated: No. 30 of 2018 s. 19 and 117.]

Subdivision 3 — Merger by resolution of land that is common property

        [Heading inserted: No. 30 of 2018 s. 114.]

21P .         Application of this Subdivision

                This Subdivision does not apply to a strata scheme the strata plan for which is registered on or after 1 January 1998.

        [Clause 21P, formerly section 21P, inserted: No. 61 of 1996 s. 16; relocated: No. 30 of 2018 s. 117.]

21Q .         Resolution by strata company

        (1)         A strata company for a strata scheme may, in the approved form, resolve that the strata plan be amended in 1 or more of the following ways —

            (a)         to reflect any extension or alteration of a building shown on the plan;

            (b)         to include a building not shown on the plan;

            (c)         to merge land that is common property into a lot.

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

        (3)         A resolution cannot be passed under subclause (1) that would, on registration under clause 21X of a notice of resolution, increase the number of lots in the scheme.

        (4)         A resolution cannot be passed under subclause (1)(c) unless it specifies the horizontal boundaries of the land that is to be merged into a lot.

        [Clause 21Q, formerly section 21Q, inserted: No. 61 of 1996 s. 16; amended: No. 55 of 2004 s. 1157; amended, redesignated as clause 21Q and relocated: No. 30 of 2018 s. 20 and 117.]

21R .         Further provisions as to contents of resolution

        (1)         A resolution cannot be passed under clause 21Q(1)(a) or (b) unless at the time when the resolution is passed the building or any extension or alteration to which it relates —

            (a)         has been the subject of a building permit under the Building Act 2011 or a building licence under section 374 3 of the Local Government (Miscellaneous Provisions) Act 1960 ; and

            (b)         has been approved by the strata company or all of the owners of lots in the strata scheme.

        (2)         If the strata plan is to be amended as mentioned in clause 21Q(1)(c) the resolution is to specify any easement that is to be created in terms of clause 21W.

        [Clause 21R, formerly section 21R, inserted: No. 61 of 1996 s. 16; amended: No. 24 of 2011 s. 174(4); amended, redesignated as clause 21R and relocated: No. 30 of 2018 s. 21 and 117.]

21S .         Notice of resolution may be lodged for registration

        (1)         If a strata company has passed a resolution under clause 21Q it may lodge with the Registrar of Titles a notice of resolution in the approved form.

        (1A)         The notice of resolution cannot be lodged before the end of the period of 60 days after the day on which the resolution was passed.

        (2)         The notice may be lodged in any case by the strata company or, in the case of an existing small strata scheme, by all of the owners of lots in the scheme.

        [(3)         deleted]

        [Clause 21S, formerly section 21S, inserted: No. 61 of 1996 s. 16; amended, redesignated as clause 21S and relocated: No. 30 of 2018 s. 22 and 117.]

21T .         Documents to accompany notice

        (1)         The notice of resolution is to be accompanied by —

        [(a)         deleted]

            (b)         unless subclause (2) applies, a plan (the sketch plan ) showing in the manner specified in the regulations how the strata plan is to be amended —

                  (i)         to show any extension or alteration of a building; or

                  (ii)         to include a building not shown on the strata plan; or

                  (iii)         to merge land that is common property into a lot; or

                  (iv)         to define any area that is to be subject to an easement under clause 21W;

                and

            (c)         unless subclause (2) applies, a certificate given by a licensed surveyor in accordance with clause 21U; and

            (d)         if any unit entitlement is to be changed, an amended schedule of unit entitlements; and

            (e)         if the unit entitlement of any lot is to be decreased, a certificate given by every person who —

                  (i)         has a registered interest in; or

                  (ii)         is a caveator in respect of,

                the lot certifying the person’s consent to the decrease.

        (2)         The Registrar of Titles may dispense with the sketch plan to the extent that the Registrar considers that the detail shown on the strata plan or contained in the notice of resolution is sufficient.

        [Clause 21T, formerly section 21T, inserted: No. 61 of 1996 s. 16; amended: No. 55 of 2004 s. 1111; amended, redesignated as clause 21T and relocated: No. 30 of 2018 s. 23 and 117.]

21U .         Certificate of licensed surveyor

        (1)         The certificate of a licensed surveyor referred to in clause 21T(1)(c) is to comply with —

            (a)         this clause; and

            (b)         the regulations and Transfer of Land Act requirements for certification of amendments of scheme plans.

        (2)         If the strata plan is to be amended to reflect any extension or alteration of a building shown on the plan, or to include a building not shown on the plan, the surveyor is to certify that —

            (a)         the extension or alteration, or the building has been the subject of a building permit under the Building Act 2011 or a building licence under section 374 3 of the Local Government (Miscellaneous Provisions) Act 1960 ; and

            (b)         any extension or alteration, or any building not shown on the plan, has been approved by —

                  (i)         the strata company; or

                  (ii)         all of the owners of lots in the strata scheme;

                and

            (c)         any building or part of a building shown on the sketch plan as being within a lot is wholly within the ground surface boundaries of that lot, except for any permitted boundary deviation; and

            (d)         in respect of any land or building or part of a building shown on the sketch plan as common property to be merged into a lot —

                  (i)         the land or building or part of a building is wholly within the external surface boundaries of the parcel; or

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

        (3)         If the strata plan is to be amended to merge land that is common property into a lot, the surveyor is to certify, in accordance with subclause (5), that the rights and amenities required to be provided for by the relevant local planning scheme or improvement scheme in force under the Planning and Development Act 2005

            (a)         are provided for in accordance with that scheme at the time when the certificate is given; or

            (b)         will be provided for when the notice of resolution and the documents referred to in clause 21V are registered.

        (4)         The regulations may prescribe matters —

            (a)         as to which the surveyor is to certify under subclause (3); or

            (b)         which are to be specifically dealt with in the certificate.

        (5)         A certification under subclause (3) is to relate to matters prescribed under subclause (4)(a) and not to other matters arising under the relevant local planning scheme or improvement scheme.

        (6)         The surveyor is to certify in every case that —

            (a)         a reference on the sketch plan to a lot by a designated number is a reference to the lot designated by that number on the strata plan; and

            (b)         there are not more lots on the sketch plan than there are on the strata plan.

        [Clause 21U, formerly section 21U, inserted: No. 61 of 1996 s. 16; amended: No. 38 of 2005 s. 15; No. 28 of 2010 s. 37(2) and (3); No. 24 of 2011 s. 174(5); amended, redesignated as clause 21U and relocated: No. 30 of 2018 s. 24 and 117.]

21V .         Transfers etc. to give effect to notice of resolution

        (1)         Subject to subclause (2A), every transfer or other document that is necessary to give effect to a notice of resolution is to be lodged for registration together with the notice.

        (2)         The regulations may provide for the registration of an instrument (a disposition statement ) —

            (a)         by which various interests in land affected by a notice of resolution are disposed of or vested; and

            (b)         by which encumbrances are attached to or discharged from any interest; and

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

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

        (3)         The regulations may provide for a disposition statement to include a certificate that there is no consideration, other than an interest in common property, for —

            (a)         the passing of property under the statement; or

            (b)         a transaction referred to in the Duties Act 2008 section 112(6).

        [Clause 21V, formerly section 21V, inserted: No. 61 of 1996 s. 16; amended: No. 12 of 2008 Sch. 1 cl. 36(1); amended, redesignated as clause 21V and relocated: No. 30 of 2018 s. 25 and 117.]

21W .         Creation of easements for parking etc.

        (1)         The sketch plan referred to in clause 21T(1)(b) may provide for easements relating to motor vehicle access, parking or turning to be created as a short form easement or restrictive covenant as if the sketch plan were a survey-strata plan.

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

        (3)         If the sketch plan makes provision as mentioned in subclause (1), section 33 applies for the purposes of this Subdivision with the following modifications —

            (a)         any easement provided for is created on the registration of the notice of resolution; and

            (b)         any discharge of an easement under section 33 is required to be approved by the local government instead of the Planning Commission (subject to review under the Planning and Development Act 2005 Part 14).

        [Clause 21W, formerly section 21W, inserted: No. 61 of 1996 s. 16; amended, redesignated as clause 21W and relocated: No. 30 of 2018 s. 26 and 117.]

21X .         Registration of notice of resolution

                The Registrar of Titles is to register the notice of resolution if the requirements of this Division are satisfied.

        [Clause 21X, formerly section 21X, inserted: No. 61 of 1996 s. 16; redesignated as clause 21X and relocated: No. 30 of 2018 s. 117.]

21Y .         Effect of registration

        (1)         In addition to —

            (a)         the operation of a transfer, document or disposition statement referred to in clause 21V; and

            (b)         the creation of a short form easement or restrictive covenant under section 33 as read with clause 21W,

                the registration of a notice of resolution has the effects described in subclauses (2), (3), (4), (5) and (6).

        (2)         If any land that merges into a lot was before registration of a notice of resolution subject to —

            (a)         any right or privilege granted under by-law 3(f) contained in Part I of the Schedule to the Strata Titles Act 1966 4 ; or

            (b)         exclusive use by-laws,

                on registration of the notice of resolution the right or privilege or the by-law ceases to be applicable to the land that so merges.

        (3)         Each lot as enlarged or diminished on registration of the notice of resolution is subject to —

            (a)         any encumbrance that was registered; or

            (b)         caveat that was lodged,

                with the Registrar of Titles against the lot before the registration of the notice of resolution.

        (4)         Each lot or part of a lot that becomes common property on registration of the notice of resolution vests in the owners of the lots to be held by them as tenants in common in shares proportional to the unit entitlements of their respective lots.

        (5)         The share of the owner of a lot so vested is subject to any encumbrance registered or caveat lodged with the Registrar of Titles against the lot.

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

        [Clause 21Y, formerly section 21Y, inserted: No. 61 of 1996 s. 16; amended, redesignated as clause 21Y and relocated: No. 30 of 2018 s. 27 and 117.]

21Z .         Registrar of Titles to make necessary amendments

        (1)         The Registrar of Titles is to amend —

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

            (b)         the original certificates of title in respect of the lots, if required, to show any amended unit entitlement.

        [(2)         deleted]

        [Clause 21Z, formerly section 21Z, inserted: No. 61 of 1996 s. 16; amended: No. 60 of 2006 s. 160(4); amended, redesignated as clause 21Z and relocated: No. 30 of 2018 s. 28 and 117; amended: No. 21 of 2022 s. 66.]

Division 2 — Conversion of strata schemes to survey-strata schemes

        [Heading inserted: No. 30 of 2018 s. 114.]

31A .         Division only applies to single tier strata schemes registered before 1 January 1998

                This Division —

            (a)         applies only to a single tier strata scheme; and

            (b)         does not apply to such a scheme the strata plan for which is registered on or after 1 January 1998.

        [Clause 31A, formerly section 31A, inserted: No. 61 of 1996 s. 21; redesignated as cl. 31A and relocated: No. 30 of 2018 s. 117.]

31B .         Saving

                Nothing in this Division prevents or limits the termination of a strata scheme and the subsequent subdivision of the land by a strata titles scheme.

        [Clause 31B, formerly section 31B, inserted: No. 61 of 1996 s. 21; amended, redesignated as cl. 31B and relocated: No. 30 of 2018 s. 36 and 117.]

31C .         Resolution by strata company

        (1)         A strata company for a strata scheme may by unanimous resolution in the approved form resolve that the scheme be converted to a survey-strata scheme.

        (2)         The resolution is to specify any easement that is to be created in terms of clause 31G.

        (3)         A resolution cannot be passed under subclause (1) that would, on registration under clause 31I of a notice of resolution, increase the number of lots in the scheme.

        [(4)         deleted]

        [Clause 31C, formerly section 31C, inserted: No. 61 of 1996 s. 21; amended, redesignated as cl. 31C and relocated: No. 30 of 2018 s. 37 and 117.]

31D .         Notice of resolution may be lodged for registration

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

        (2)         The notice may be lodged in any case by the strata company or alternatively, in the case of a strata scheme in which there are not more than 5 lots, by all of the owners of lots in the scheme.

        (3)         The notice of resolution —

            (a)         if it is lodged by the strata company, is to be executed by the strata company; or

            (b)         if it is lodged by the owners of lots, is to be signed by each owner.

        [Clause 31D, formerly section 31D, inserted: No. 61 of 1996 s. 21; amended, redesignated as cl. 31D and relocated: No. 30 of 2018 s. 38 and 117.]

31E .         Documents to accompany notice

        (1)         The notice of resolution is to be accompanied by —

            (a)         a survey-strata plan in respect of the parcel —

                  (i)         showing in the manner specified in the regulations —

                        (I)         the boundaries of the lots and common property; and

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

                by dimensions and survey information obtained from a survey of the parcel; and

                  (ii)         bearing a statement containing such particulars as may be necessary to identify the title to the parcel; and

                  (iii)         showing the area of each lot and of any common property; and

                  (iv)         having endorsed on it —

                        (I)         the name of the scheme; and

        (II)         the address of the parcel;

                and

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

                and

            (b)         a certificate given by a licensed surveyor in accordance with clause 31F; and

            (c)         a schedule specifying, in a whole number —

                  (i)         the proposed unit entitlement in respect of each lot; and

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

                and

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

            (e)         a certificate given by every person, other than the owner of a lot, who —

                  (i)         has a registered interest in; or

                  (ii)         is a caveator in respect of,

                a lot certifying the person’s consent to the proposed schedule of unit entitlements.

        [(2)         deleted]

        [Clause 31E, formerly section 31E, inserted: No. 61 of 1996 s. 21; amended, redesignated as cl. 31E and relocated: No. 30 of 2018 s. 39 and 117; amended: No. 21 of 2022 s. 67.]

31F .         Certificate of licensed surveyor

        (1)         The certificate of a licensed surveyor referred to in clause 31E(1)(b) is to comply with —

            (a)         this clause; and

            (b)         any requirement made by the regulations for the purposes of this clause.

        (2)         The surveyor is to certify —

            (a)         that the requirements of the regulations and Transfer of Land Act requirements for preparation and certification of amendments of scheme plans by a licensed surveyor are satisfied; and

            (b)         that there are not more lots on the survey-strata plan than there are on the existing strata plan; and

            (c)         that a reference on the survey-strata plan to a lot by a designated number is a reference to the lot designated by that number on the existing strata plan; and

            (d)         that if 2 lots have a common or party wall, the centre plane of that wall is on the boundary of the lots; and

            (e)         in accordance with subclause (4), that the rights and amenities required to be provided for by the relevant local planning scheme or improvement scheme in force under the Planning and Development Act 2005

                  (i)         are provided for in accordance with that scheme at the time when the certificate is given; or

                  (ii)         will be provided for when the notice of resolution and the documents referred to in clause 31H are registered.

        (3)         The regulations may prescribe matters —

            (a)         as to which the surveyor is to certify under subclause (2)(e); or

            (b)         which are to be specifically dealt with in the certificate.

        (4)         A certification under subclause (2)(e) is to relate to matters prescribed for the purposes of subclause (3)(a) and not to other matters arising under the relevant local planning scheme or improvement scheme.

        [Clause 31F, formerly section 31F, inserted: No. 61 of 1996 s. 21; amended: No. 38 of 2005 s. 15; No. 28 of 2010 s. 37(5) and (6); amended, redesignated as cl. 31F and relocated: No. 30 of 2018 s. 40 and 117.]

31G .         Creation of easements

        (1)         The plan referred to in clause 31E(1)(a) may provide for a short form easement or restrictive covenant to be created under section 33, and any easement so provided for is created on the registration of the notice of resolution.

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

        [Clause 31G, formerly section 31G, inserted: No. 61 of 1996 s. 21; amended, redesignated as cl. 31G and relocated: No. 30 of 2018 s. 41 and 117.]

31H .         Transfers etc. to give effect to resolution

        (1)         Subject to subclause (2A), every transfer or other document that is necessary to give effect to a notice of resolution is to be lodged for registration together with the notice.

        (2)         The regulations may provide for the registration of an instrument (a disposition statement ) —

            (a)         by which various interests in land affected by the notice of resolution are disposed of or vested; and

            (b)         by which encumbrances are attached to or discharged from any interest; and

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

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

        (3)         The regulations may provide for a disposition statement to include a certificate that there is no consideration, other than an interest in common property, for —

            (a)         the passing of property under the statement; or

            (b)         a transaction referred to in the Duties Act 2008 section 112(6).

        [Clause 31H, formerly section 31H, inserted: No. 61 of 1996 s. 21; amended: No. 12 of 2008 Sch. 1 cl. 36(2); amended, redesignated as cl. 31H and relocated: No. 30 of 2018 s. 42 and 117.]

31I .         Registration of notice of resolution

                The Registrar of Titles is to register a notice of resolution if the requirements of this Division are satisfied.

        [Clause 31I, formerly section 31I, inserted: No. 61 of 1996 s. 21; redesignated as cl. 31I and relocated: No. 30 of 2018 s. 117.]

31J .         Effect of registration

        (1)         On registration of a notice of resolution the scheme to which it relates ceases to be a strata scheme and becomes registered as a survey-strata scheme under this Act.

        (2)         In addition to —

            (a)         the operation of any transfer, document or disposition statement referred to in clause 31H; and

            (b)         the creation of a short form easement or restrictive covenant under section 33 as read with clause 31G,

                the registration of a notice of resolution also has the effects described in subclauses (3), (4), (5), (6) and (7).

        (3)         If any area of land —

            (a)         on registration of a notice of resolution becomes part of a lot; and

            (b)         was before that registration subject to —

                  (i)         any right or privilege granted under by-law 3(f) contained in Part I of the Schedule to the Strata Titles Act 1966 4 ; or

                  (ii)         exclusive use by-laws,

                on registration of the notice of resolution the right or privilege or the by-law ceases to be applicable to the area.

        (4)         On registration of the notice of resolution each lot is subject to —

            (a)         any encumbrance that was registered; or

            (b)         caveat that was lodged,

                with the Registrar of Titles against the lot before the registration of the notice of resolution.

        (5)         Each lot or part of a lot that becomes common property on registration of the notice of resolution vests in the owners of the lots to be held by them as tenants in common in shares proportional to the unit entitlements of their respective lots.

        (6)         The share of the owner of a lot so vested is subject to any encumbrance registered or caveat lodged with the Registrar of Titles against the lot.

        (7)         Any encumbrance or caveat referred to in this clause is taken to be amended to give effect to that clause.

        [Clause 31J, formerly section 31J, inserted: No. 61 of 1996 s. 21; amended, redesignated as cl. 31J and relocated: No. 30 of 2018 s. 43 and 117.]

31K .         Registrar of Titles to make necessary amendments

        (1)         The Registrar of Titles is to amend —

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

            (b)         the original certificates of title in respect of the lots.

        [(2)         deleted]

        [Clause 31K, formerly section 31K, inserted: No. 61 of 1996 s. 21; amended: No. 60 of 2006 s. 160(5); amended, redesignated as cl. 31K and relocated: No. 30 of 2018 s. 44 and 117; amended: No. 21 of 2022 s. 68.]

Part 5 — Insurance

        [Heading inserted: No. 30 of 2018 s. 114.]

53A .         References in this Part

                References in this Part —

            (a)         to scheme are to a single tier strata scheme; and

            (b)         to strata company are to a strata company for such a scheme; and

            (c)         to an owner of a lot are to an owner of a lot in such a scheme.

        [Clause 53A, formerly section 53A, inserted: No. 61 of 1996 s. 25; amended, redesignated as cl. 53A and relocated: No. 30 of 2018 s. 55 and 117.]

53B .         Insurance for lots in single tier strata schemes

        (1)         For the purposes of this Act —

            (a)         whether there is insurance in respect of —

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

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

                and

            (b)         the occurrences to be insured against by the owner of the lot in relation to those matters; and

            (c)         the terms on which insurance is obtained,

                are, subject to this clause, at the discretion of the owner of the lot.

        (2)         A strata company for a scheme may determine, by ordinary resolution, that it is a function of the strata company to insure in respect of the matters referred to in subclause (1), and may at any time, by ordinary resolution, revoke that determination.

        (3)         While such a resolution is in force, the strata company must comply with clause 53D.

        (4)         If insurable assets are wholly within common property, whether there is insurance in respect of the assets is not at the discretion of the owner of a lot.

        [Clause 53B, formerly section 53B, inserted: No. 61 of 1996 s. 25; amended, redesignated as cl. 53B and relocated: No. 50 of 2018 s. 56 and 117.]

53C .         Insurance for common property in single tier strata schemes

        (1)         The strata company for a scheme must —

            (a)         insure and keep insured insurable assets that are within the common property; and

            (b)         effect and maintain insurance in respect of damage to property, death, bodily injury or illness for which the owners of lots in the scheme could become liable in damages as holders of the common property.

        (2)         The strata company does not have the obligations described in subclause (1) if —

            (a)         there is no common property in the scheme except —

                  (i)         cubic space in which there are no insurable assets above or below the horizontal boundary of any lot; or

                  (ii)         fencing on the boundary of the parcel or any lot or on the boundary of temporary common property;

                or

            (b)         the strata company has by resolution without dissent determined that subclause (1) is not to apply to the scheme.

        (3)         A resolution under subclause (2)(b) remains in force until —

            (a)         it is revoked; or

            (b)         it ceases to have effect under subclause (5).

        (4)         The owner of a lot may, at any time after the passing of the resolution, serve written notice on the strata company or, in the case of a 2-lot scheme, on the owner of the other lot, that the owner requires that subclause (1) apply to the scheme.

        (5)         If the owner of a lot serves a notice under subclause (4), the resolution under subclause (2)(b) ceases to have effect at the end of the period of 1 month beginning on the day on which the notice was served.

        (6)         While a resolution under subclause (2)(b) is in force, the following are at the discretion of the owner of the lot —

            (a)         whether there is insurance in respect of —

                  (i)         the share of the owner of a lot in insurable assets in the scheme that are within the common property; or

                  (ii)         damage to property, death, bodily injury or illness for which an owner of a lot in the scheme could become liable in damages as the holder of a share in the common property;

            (b)         the occurrences to be insured against by the owner of a lot in relation to those matters;

            (c)         the terms on which insurance is obtained.

        [Clause 53C, formerly section 53C, inserted: No. 61 of 1996 s. 25; amended, redesignated as cl. 53C and relocated: No. 30 of 2018 s. 57 and 117.]

53D .         Strata company’s obligations if it has insurance function in single tier strata scheme

        (1)         This clause applies if —

            (a)         a resolution is in force under clause 53B(2); or

            (b)         in accordance with clause 53C, a strata company has the obligations described in subclause (1) of that clause.

        (2)         This clause also applies if a strata company passes an ordinary resolution to insure common property that it is not obliged to insure by reason of clause 53C(2)(a).

        (3)         In those cases the strata company must —

            (a)         insure and keep insured insurable assets to which its obligation extends against fire, storm and tempest (excluding damage by sea, flood or erosion), lightning, explosion and earthquake —

                  (i)         to replacement value; or

                  (ii)         to replacement value, up to, for an event of a specified kind, a maximum amount specified in the contract of insurance that is a reasonable limitation in the circumstances;

                and

            (b)         effect and maintain insurance in respect of damage to property, death, bodily injury or illness for not less than $10 000 000 or such other amount as may be specified in the regulations in place of that amount.

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

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

        [Clause 53D, formerly section 53D, inserted: No. 61 of 1996 s. 25; amended, redesignated as cl. 53D and relocated: No. 30 of 2018 s. 58 and 117.]

53E .         Recovery of premium by strata company or owner if no administrative fund in single tier strata schemes

        (1)         If —

            (a)         in accordance with section 140, an administrative fund is not maintained by a strata company under section 100(1)(a); and

            (b)         the strata company or the owner of a lot receives notice of the amount of any premium or other charge for insurance under clause 53D,

                the strata company, or the owner, may give notice in writing of that amount to the owner of each lot in the scheme, or each other owner, and require the owner to pay a share of the premium or other charge before a specified time.

        (2)         The share payable by the owner of a lot is —

            (a)         a sum equal to the same proportion of the amount as the unit entitlement of the lot bears to the sum of the unit entitlements of all the lots in the scheme; or

            (b)         if applicable, a sum fixed under the scheme by-laws.

        (3)         If —

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

            (b)         the amount of the owner’s share has not been paid to the strata company or the insurer before the specified time,

                that amount becomes a debt due by the owner to the strata company and may be recovered by it in a court of competent jurisdiction.

        (4)         If the amount of an owner’s share has become due to the strata company but has not been paid, the owner of another lot may —

            (a)         pay the amount; and

            (b)         recover the amount as a debt on application to the Tribunal.

        [Clause 53E, formerly section 53E, inserted: No. 61 of 1996 s. 25; amended, redesignated as cl. 53E and relocated: No. 30 of 2018 s. 59 and 117.]




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