New South Wales Consolidated Acts New South Wales Consolidated Acts
"accounting records" means the accounting records required to be kept by an
owners corporation under section 103.
"Adjudicator" means a Strata Schemes Adjudicator appointed under Part 2 of
Chapter 6.
"administrative fund" of an owners corporation means the fund established by
that owners corporation under section 66.
"aggregate unit entitlement" of lots the subject of a strata scheme means the
sum of the unit entitlements of those lots.
"approved insurer" means a person, or a person belonging to a class of
persons, approved by the Minister under section 95.
"building", in relation to a strata scheme or a proposed strata scheme, means
a building containing a lot or proposed lot or part of a lot or of a proposed
lot the subject of that scheme or proposed scheme.
"building management committee", in relation to a strata scheme, means the
building management committee established under the strata management
statement for the scheme.
"by-laws" for a strata scheme means the by-laws in force in respect of the
strata scheme.
"caretaker" means a person described in section 40A as a caretaker.
"common property" means so much of a parcel as from time to time is not
comprised in any lot.
"community scheme" means a community scheme under the
Community Land Development Act 1989 .
"company nominee" of a corporation means the individual, if any, for the time
being authorised under section 122 by the corporation.
"consent authority" has the same meaning as it has in the Environmental
Planning and Assessment Act 1979 .
"covenant chargee", in relation to a lot in a leasehold strata scheme, means a
covenant chargee of a lease of the lot.
"Deputy Registrar" means a Deputy Registrar of the Tribunal.
"developer", in relation to the strata scheme constituted on registration of
the strata plan proposed under a development scheme, means the person who, for
the time being, is:
(a) the original owner, or
(b) a person, other than the original owner, who is the owner of a development lot within the strata plan."development consent" has the same meaning as it has in the Environmental Planning and Assessment Act 1979 .
(a) during any period during which the rights of the person as mortgagee, under that mortgage are, by reason of a sub-mortgage, suspended, or
(b) whose rights, as mortgagee, under that mortgage have, by reason of any other instrument, terminated,if particulars of that sub-mortgage or other instrument have been entered on the strata roll for that strata scheme.
(a) the owners corporation for the strata scheme,
(b) the chairperson, secretary or treasurer of the owners corporation (or of the executive committee of the owners corporation) of the strata scheme,
(c) a strata managing agent for the strata scheme,
(d) an owner of a lot in, a person having an estate or interest in a lot in, or an occupier of a lot in, the strata scheme."interested person", in relation to a leasehold strata scheme, means any of the following:
(a) the owners corporation for the strata scheme,
(b) the chairperson, secretary or treasurer of the owners corporation (or of the executive committee of the owners corporation) of the strata scheme,
(c) a strata managing agent for the strata scheme,
(d) the lessor of the strata scheme,
(e) an owner or sublessee of, a person having any other estate or interest in, or an occupier of, a lot in the strata scheme."interested person", in relation to a strata scheme for a stratum parcel, includes the following:
(a) the owners corporation or a strata managing agent for, an owner of a lot in, a person having any other estate or an interest in a lot in, or an occupier of a lot in, any other strata scheme affecting the building,
(b) any other person for the time being bound by the strata management statement for the building."interim order" means an order under section 170.
(a) in relation to a freehold strata scheme, has the same meaning as in the Strata Schemes (Freehold Development) Act 1973 , and
(b) in relation to a leasehold strata scheme, has the same meaning as in the Strata Schemes (Leasehold Development) Act 1986 ."mortgage", in relation to a freehold strata scheme, means a charge, other than a statutory interest or a covenant charge, on a lot for securing money or money’s worth.
(a) in relation to a freehold strata scheme, the person by whom the parcel the subject of that scheme was held in fee simple at the time of registration of the strata plan to which the scheme relates, or
(b) in relation to a leasehold strata scheme, the person who, immediately after registration of the strata plan concerned is the lessee of all the lots the subject of the scheme or the lessee of 2 or more of those lots (the sum of whose unit entitlements is more than two-thirds of the aggregate of the aggregate unit entitlement)."owner" of a lot in a freehold strata scheme means:
(a) except as provided by paragraph (b), a person for the time being recorded in the Register as entitled to an estate in fee simple in that lot, or
(b) a person whose name has been entered on the strata roll as an owner in accordance with section 98."owner" of a lot in a leasehold strata scheme means:
(a) except as provided by paragraph (b) or (c), a person for the time being recorded in the Register as entitled to a leasehold estate in the lot, or
(b) a person whose name has been entered on the strata roll as a lessee in accordance with section 98, or
(c) while a proprietor is taken by section 35 (1) of the Strata Schemes (Leasehold Development) Act 1986 to be the lessee of the lot, the proprietor."owners corporation" means an owners corporation constituted under section 11.
(a) except as provided in paragraph (b), the land from time to time comprising the lots and common property the subject of a strata scheme, and
(b) in relation to a plan lodged for registration as a strata plan, the land comprised in that plan."positive covenant" means a positive covenant imposed on land under section 88D or 88E of the Conveyancing Act 1919 .
(a) in relation to a freehold strata scheme, has the same meaning as in the Strata Schemes (Freehold Development) Act 1973 , and
(b) in relation to a leasehold strata scheme, has the same meaning as in the Strata Schemes (Leasehold Development) Act 1986 ."sinking fund" of an owners corporation means the fund established by the owners corporation under section 69.
(a) in relation to a freehold strata scheme, a strata development contract, as in force for the time being, registered under Division 2A of Part 2 of the Strata Schemes (Freehold Development) Act 1973 , and
(b) in relation to a leasehold strata scheme, a strata development contract, as in force for the time being, registered under Division 5 of Part 2 of the Strata Schemes (Leasehold Development) Act 1986 ."strata management statement" in relation to a strata scheme, means the strata management statement in force for the time being in respect of that strata scheme and registered under:
(a) in the case of a freehold strata scheme, the Strata Schemes (Freehold Development) Act 1973 , and
(b) in the case of a leasehold strata scheme, the Strata Schemes (Leasehold Development) Act 1986 ."strata roll", in relation to a strata scheme or a strata scheme which has been terminated, means the roll referred to in section 98 which relates to that scheme.
(a) in relation to a freehold strata scheme, has the same meaning as in the Strata Schemes (Freehold Development) Act 1973 , and
(b) in relation to a leasehold strata scheme, has the same meaning as in the Strata Schemes (Leasehold Development) Act 1986 ."Supreme Court" means the Supreme Court of New South Wales.
A reference in this Act:
(a) to a strata plan, a strata plan of subdivision, a strata plan of consolidation or a building alteration plan is a reference to a plan registered as such under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 , or
(b) to a notice of conversion is a reference to a notice registered as such under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 ,together with any endorsements required to be made on or any plans and documents required to accompany the plan or notice so registered before it may be registered.
Unless otherwise specifically provided by this Act, it is a sufficient compliance with any provision of this Act requiring an instrument to be accompanied by another instrument if that other instrument is endorsed on that firstmentioned instrument.
For the purposes of this Act, a strata scheme is contiguous with another strata scheme even if it is divided by, or separated from the other scheme by, a natural feature (such as a watercourse), a railway, a road, a public reserve or a drainage reserve.
If, in any provision of this Act, reference is made to any person, body, matter or thing (including land) and that provision has effect in relation to a strata scheme, a reference in that provision to any other person, body, matter or thing (including land) is a reference to that other person, body, matter or thing (including land) in connection with that strata scheme.
(1) In this Act, "large strata scheme" means a strata scheme comprising more than 100 lots or more than such other number of lots as may be prescribed by the regulations for the purposes of this subclause.
(2) When calculating the number of lots in a strata scheme for the purposes of this clause, utility lots and lots used for the purposes of parking are not to be included in the calculation.
(3) The regulations may contain provisions of a savings or transitional nature consequent on a change in the number of lots comprising a large strata scheme.
A reference in this Act (however expressed) to a strata managing agent’s licence under the Property, Stock and Business Agents Act 2002 includes a reference to a corporation licence under that Act that authorises the holder to act as, or carry on the business of, a strata managing agent.
(1) For the purposes of this Act, a person ( "the principal person") is connected with another person if the other person:(a) is a relative (within the meaning of the Local Government Act 1993 ) of the principal person or, where the principal person is a corporation, is a relative of the holder of an executive position in the corporation, or(b) is employed or engaged by the principal person or is a partner of the principal person, or(c) where the principal person is a corporation, holds an executive position in the corporation, or(d) is the employer of the principal person, or(e) is employed or engaged by, or holds an executive position in, a corporation that also employs or engages the principal person or in which the principal person holds an executive position, or(f) has any other connection or relationship with the principal person of a kind prescribed by the regulations.
(2) However, the principal person is not connected with another person who is a member of an owners corporation, or the executive committee of an owners corporation, merely because of any dealing, contact or arrangement the other person has with the principal person in the other person’s capacity as such a member.
(3) In this clause, "executive position" in a corporation means the position of director, manager or secretary of the corporation, or any other executive position of the corporation, however those positions are designated.