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STRATA SCHEMES MANAGEMENT ACT 2015 - As at 12 October 2023 - Act 50 of 2015

- As at 12 October 2023 - Act 50 of 2015

Table of Provisions

PART 1 - PRELIMINARY

PART 2 - MANAGING BODY FOR STRATA SCHEMES--OWNERS CORPORATION

Division 1 - Constitution of owners corporation

Division 2 - Management of strata schemes

Division 3 - Meetings of owners corporation

  • 14 First AGM must be held within 2 months after initial period
  • 15 Agenda for first AGM
  • 16 Documents and records to be provided to owners corporation at first AGM
  • 17 Tribunal may order initial documents to be provided
  • 18 AGM must be held
  • 19 Other general meetings
  • 20 Tribunal may appoint person to hold first AGM and other meetings
  • 21 Unanimous or special resolutions to be amended or revoked in same way
  • 22 Notice to be given to owners corporation of right to cast vote at meeting
  • 23 Meeting procedures and voting
  • 24 Order invalidating resolution of owners corporation
  • 25 Order where voting rights denied or due notice of item of business not given

Division 4 - Limitation on functions during initial period

Division 5 - Effect of termination order on owners corporation

PART 3 - STRATA COMMITTEE OF OWNERS CORPORATION

Division 1 - Constitution of strata committee

Division 2 - Functions of strata committee

Division 3 - Meetings of strata committee

  • 39 Convening meetings
  • 40 Meeting procedures and voting

Division 4 - Office holders

PART 4 - STRATA MANAGING AGENTS AND BUILDING MANAGERS

Division 1 - Appointment of strata managing agents

Division 2 - Functions of strata managing agent

Division 3 - Accountability of strata managing agent

  • 58 Strata managing agent may be required to provide information about trust account and other accounts
  • 59 Provision of information about money received and other transactions
  • 60 Disclosure of commissions and training services
  • 61 Procedure for requiring information from strata managing agent
  • 62 Offences
  • 63 Responsibility for providing information if a strata managing agent ceases to hold a licence or dies
  • 64 Exemption for information relating to certain transactions
  • 65 Provision of other Act requiring agents to provide information not to apply to affairs of owners corporation

Division 4 - Building managers

Division 5 - General

PART 5 - FINANCIAL MANAGEMENT

Division 1 - Funds and accounts of owners corporation

Division 2 - Contributions by owners

Division 3 - Financial statements and accounting records of owners corporation

Division 4 - Accounting records

Division 5 - Financial functions generally

PART 6 - PROPERTY MANAGEMENT

Division 1 - Common property

Division 2 - Dealings with property

  • 116 Powers to deal with property

Division 3 - Work carried out by owners corporation

  • 117 Provision of amenities and services to lot
  • 118 Window safety devices--child safety
  • 119 Work to rectify certain defects
  • 120 Owners corporation may carry out work required to be carried out by others
  • 121 Provision of letterbox

Division 4 - Powers to enter premises and carry out work

  • 122 Power of owners corporation to enter property in order to carry out work
  • 123 Access for fire safety inspections
  • 124 Orders by Tribunal relating to entry to carry out work or inspections

Division 5 - (Repealed)

None

Division 6 - Orders about property

  • 126 Orders relating to alterations and repairs to common property and other property
  • 127 Order relating to cosmetic work or minor renovations
  • 128 Order consequent on alteration of building
  • 129 Orders relating to window safety devices
  • 130 Orders relating to personal property
  • 131 Order granting certain licences
  • 132 Rectification where work done by owner

Division 7 - Miscellaneous

PART 7 - BY-LAWS FOR STRATA SCHEMES

Division 1 - Interpretation

Division 2 - Establishment and effect of by-laws

Division 3 - By-laws conferring rights or privileges over common property

Division 4 - Enforcement of by-laws

Division 5 - Orders about by-laws

PART 8 - OBLIGATIONS OF OWNERS, OCCUPIERS AND OTHERS RELATING TO LOTS

Division 1 - Obligations relating to lots

Division 2 - Agents for owners

  • 154 Appointment of agents by corporations to exercise functions in relation to lots
  • 155 Owner may appoint agent if not able to deal with notices

Division 3 - Keeping of animals on lots

  • 156 Order for removal of an animal not permitted under by-laws
  • 157 Order permitting keeping of animal
  • 158 Order for removal of an animal permitted under by-laws
  • 159 Effect of orders

PART 9 - INSURANCE

Division 1 - Owners corporation insurance obligations

Division 2 - Insurance claims and other matters affecting insurance

Division 3 - Orders about insurance

PART 10 - RECORDS AND INFORMATION ABOUT STRATA SCHEMES

Division 1 - Strata roll and other records

Division 2 - Provision of information about strata schemes

Division 3 - Orders about strata roll and records

  • 187 Order confirming information for strata roll
  • 188 Order to supply information or documents

PART 11 - BUILDING DEFECTS

Division 1 - Preliminary

Division 2 - Inspection reports

Division 3 - Building bonds

Division 3AA - Decennial insurance

  • 211AA Decennial insurance

Division 3A - Investigation and enforcement powers

Division 4 - Miscellaneous

  • 212 Variation of times for reports and other matters
  • 213 Review of decisions
  • 213A Liability of inspectors and persons acting under direction of inspectors
  • 213B Liability of professional associations in respect of accreditation functions
  • 214 Regulations
  • 215 Relationship of Part to other remedies
  • 215A Review of Part

PART 12 - DISPUTES AND TRIBUNAL POWERS

Note

Division 1 - Internal dispute resolution

Division 2 - Alternative dispute resolution by Secretary

  • 217 Definitions
  • 218 Matters that may be subject to mediation
  • 219 Mediation involving disputes about part strata parcels
  • 220 Representation of parties
  • 221 Effect of Division on other agreements or arrangements
  • 222 Privilege
  • 223 Evidence of mediation sessions not admissible
  • 224 Confidentiality
  • 225 Exoneration from liability for mediators

Division 3 - Procedures for applications to Tribunal

Division 4 - Orders that may be made by Tribunal

Division 5 - General provisions relating to Tribunal powers and orders

  • 239 Orders relating to title to land
  • 240 Tribunal may make order of another kind
  • 241 Tribunal may prohibit or direct taking of specific actions
  • 242 Dismissal of application on certain grounds
  • 243 Copies of orders
  • 244 Tribunal to be provided with strata report and inspections
  • 245 Effect of certain orders imposing obligations on owners corporation
  • 246 Recording in Register of effect of certain orders
  • 247 Changes to Register after orders allocating unit entitlements
  • 247A Civil penalties for contravention of orders
  • 248 Recovery of unpaid civil penalty

PART 13 - OFFENCES AND PROCEEDINGS

Division 1 - Offences and enforcement

  • 249 Investigations by Secretary
  • 250 Penalty notices
  • 250A Continuing offences
  • 251 Proceedings for offences
  • 252 Proof of reasonable excuse

Division 2 - Other proceedings

  • 253 Other rights and remedies not affected by this Act
  • 254 Owners corporation may represent owners in certain proceedings
  • 255 Structural defects--proceedings as agent

PART 14 - MISCELLANEOUS

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