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TASMANIA
__________
STRATA TITLES AMENDMENT BILL 2006
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 3A inserted
3A. Meaning of "common property"
6. Section 4 amended (Division of land by strata plan)
7. Section 5 amended (Requirements for strata plan)
8. Section 6 amended (Lodgment of plan for registration)
9. Section 8 amended (Effect of registration)
10. Part 2, Division 4: Heading amended
11. Section 14 amended (Creation, &c., of easements, covenants and
profits a prendre)
12. Section 17 amended (Change of unit entitlements)
13. Section 19 amended (Application for amendment)
14. Section 19A inserted
19A. Alteration or addition of buildings
15. Section 31 amended (Application for, and grant of, certificate of
approval)
16. Section 31AA inserted
31AA. Requirement for staged development scheme
17. Section 31A substituted
[Bill 40]-IV
31A. Lot taken not to be subdivision
18. Section 71 amended (Establishment of body or bodies corporate)
19. Section 72 amended (Merger and division of bodies corporate)
20. Section 75 amended (General meetings of body corporate)
21. Section 79 amended (Committee of management)
22. Section 80 amended (Appointment of manager)
23. Section 81 amended (Functions of body corporate)
24. Section 83 amended (Contributions)
25. Section 86 repealed
26. Section 87 amended (Address for service)
27. Section 88 amended (Mailbox)
28. Section 89 amended (Appointment of administrator)
29. Section 90 amended (Power to make by-laws)
30. Section 94 amended (Exclusive use by-laws)
31. Section 99 amended (Insurance of buildings, &c., by body
corporate)
32. Section 101 amended (Other insurance)
33. Section 126 substituted
126. Orders regarding insurance
34. Section 129 repealed
35. Section 131 substituted
131. Orders relating to new building or structural
alteration or addition to lot
36. Section 134 repealed
37. Section 137 amended (Enforcement of orders)
38. Section 139 amended (Order may have effect as resolution of
body corporate)
39. Section 151 substituted
151. General provision about use of lots
40. Schedule 1 amended (Model by-laws)
2
STRATA TITLES AMENDMENT BILL 2006
(Brought in by the Minister for Primary Industries and Water,
the Honourable David Edward Llewellyn)
A BILL FOR
An Act to amend the Strata Titles Act 1998
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Strata Titles
Amendment Act 2006.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Strata Titles Act 1998* is
referred to as the Principal Act.
*No. 17 of 1998
[Bill 40] 3
Strata Titles Amendment Act 2006
Act No. of
s. 4
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of
"administrative fund";
(b) by omitting the definitions of "boundary
structure" and "common property" and
substituting the following definitions:
"boundary structure" means a wall,
floor, ceiling or fence (with or
without a gate) if the wall, floor,
ceiling or fence separates a lot
from another lot or common
property;
"common property" has the meaning
given by section 3A;
(c) by inserting the following definition after
the definition of "plan":
"policy of insurance" means an
insurance policy required to be
taken out and maintained under
this Act;
(d) by omitting the definition of "special
resolution".
4
Strata Titles Amendment Act 2006
Act No. of
s. 5
5. Section 3A inserted
After section 3 of the Principal Act, the
following section is inserted in Part 1:
3A. Meaning of "common property"
(1) For the purposes of this Act, common
property for a strata scheme or
community development scheme consists
of
(a) all land within the scheme that is
not within the boundaries of a lot;
and
(b) all other property administered by
the body corporate for the
relevant scheme
and, in a case where the roof of a
building forms part of the common
property, the guttering attached to the
roof or part of the roof is taken to be
included in the common property.
(2) The common property for a strata
scheme or community development
scheme does not include land designated
for future development in the master plan
for a staged development scheme or a
community development scheme.
5
Strata Titles Amendment Act 2006
Act No. of
s. 6
6. Section 4 amended (Division of land by strata plan)
Section 4 of the Principal Act is amended by
omitting subsection (5) and substituting the
following subsection:
(5) A lot may be created entirely on one
level or partially on one level and
partially on another or others.
7. Section 5 amended (Requirements for strata plan)
Section 5 of the Principal Act is amended as
follows:
(a) by omitting paragraph (h) from
subsection (1);
(b) by omitting from subsection (4) "or
accompanied by".
8. Section 6 amended (Lodgment of plan for
registration)
Section 6 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "The
developer" and substituting "A person";
(b) by inserting the following subsection
after subsection (1):
(1A) The plan must be endorsed with a
certificate of approval issued by
6
Strata Titles Amendment Act 2006
Act No. of
s. 9
the council for the area in which
the site is situated.
(c) by omitting paragraph (a) from
subsection (2).
9. Section 8 amended (Effect of registration)
Section 8 of the Principal Act is amended by
omitting subsection (5).
10. Part 2, Division 4: Heading amended
Division 4 of Part 2 of the Principal Act is
amended by omitting "Easements" from the
heading to that Division and substituting
"Easements, covenants and profits a prendre".
11. Section 14 amended (Creation, &c., of easements,
covenants and profits a prendre)
Section 14(1) of the Principal Act is amended by
inserting after paragraph (a) the following
paragraph:
(ab) acquire, grant, surrender or otherwise
deal with a profit a prendre in respect of
the common property; or
7
Strata Titles Amendment Act 2006
Act No. of
s. 12
12. Section 17 amended (Change of unit entitlements)
Section 17 of the Principal Act is amended by
omitting subsection (3).
13. Section 19 amended (Application for amendment)
Section 19(1)(a) of the Principal Act is amended
by omitting "unanimous" and substituting
"ordinary".
14. Section 19A inserted
After section 19 of the Principal Act, the
following section is inserted in Division 6:
19A. Alteration or addition of buildings
Where
(a) a building on a lot or on common
property is altered; or
(b) a new building is added to a lot or
common property
and the alteration or addition requires the
approval of the council, an amendment to
the strata plan is to be lodged with the
Recorder for registration under this
Division.
8
Strata Titles Amendment Act 2006
Act No. of
s. 15
15. Section 31 amended (Application for, and grant of,
certificate of approval)
Section 31 of the Principal Act is amended as
follows:
(a) by omitting paragraph (c) from
subsection (3) and substituting the
following paragraph:
(c) if the proposal relates to an
existing building for which a
change of use is proposed, that all
requirements under the Building
Act 2000 for a change of use have
been complied with and that there
has been substantial compliance
with all other requirements under
that Act relating to the scheme
and to any buildings existing at
the date of the application and in
particular with
(i) any safety requirements,
including provision for
fire exits; and
(ii) requirements for sanitary
facilities; and
(b) by inserting the following subsections
after subsection (4):
(5) Where a permit for use or
development is required, under
the relevant planning scheme
approved under the Land Use
9
Strata Titles Amendment Act 2006
Act No. of
s. 16
Planning and Approvals Act
1993, for the proposed use of the
lots, a certificate of approval may
be issued only if
(a) the required permit has
been issued; and
(b) any separation of
buildings would not
contravene that planning
scheme.
(6) A council must refuse an
application for a certificate of
approval if the council reasonably
considers that the proposal is for
a subdivision within the meaning
of Part 3 of the Local
Government (Building and
Miscellaneous Provisions) Act
1993.
16. Section 31AA inserted
After section 31 of the Principal Act, the
following section is inserted in Division 9:
31AA. Requirement for staged development scheme
Where an application for a certificate of
approval is made wholly or partly in
respect of vacant land, the council may
refuse the application on the ground that
10
Strata Titles Amendment Act 2006
Act No. of
s. 17
an application for a staged development
scheme under section 38 should be made.
17. Section 31A substituted
Section 31A of the Principal Act is repealed and
the following section is substituted:
31A. Lot taken not to be subdivision
A lot in a strata scheme is not a lot for
the purposes of a subdivision within the
meaning of Part 3 of the Local
Government (Building and
Miscellaneous Provisions) Act 1993.
18. Section 71 amended (Establishment of body or
bodies corporate)
Section 71 of the Principal Act is amended by
inserting after subsection (4) the following
subsection:
(5) A body corporate must, as soon as
practicable after it is established, appoint
a chairperson, secretary and treasurer.
19. Section 72 amended (Merger and division of bodies
corporate)
Section 72 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
11
Strata Titles Amendment Act 2006
Act No. of
s. 20
(1A) A division of a body corporate does not
affect the ownership of the common
property.
20. Section 75 amended (General meetings of body
corporate)
Section 75 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsections:
(1) It is the duty of the original
proprietor to call and hold the
first annual general meeting of
the body corporate, which must
be held
(a) within 3 months after the
registration of the strata
plan; or
(b) on the sale of at least one-
half of the lots contained
in that plan
whichever is the earlier.
Penalty: Fine not exceeding 50
penalty units.
(1A) On giving notice for the first
annual general meeting of the
body corporate, the original
proprietor must specify in the
12
Strata Titles Amendment Act 2006
Act No. of
s. 21
notice the nature of the business
to be transacted at the meeting
and must, at the meeting, produce
a policy or policies of insurance.
(b) by omitting from subsection (4)(c)
"special or";
(c) by omitting subsection (6).
21. Section 79 amended (Committee of management)
Section 79(2) of the Principal Act is amended by
omitting "special or".
22. Section 80 amended (Appointment of manager)
Section 80(2) of the Principal Act is amended by
omitting "or" second occurring and substituting
"of".
23. Section 81 amended (Functions of body corporate)
Section 81(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (b) "control
and manage" and substituting "control,
manage and improve";
(b) by omitting from paragraph (d) "special"
and substituting "ordinary";
13
Strata Titles Amendment Act 2006
Act No. of
s. 24
(c) by inserting the following paragraph after
paragraph (d):
(da) to allocate spaces to lots for
vehicle parking on the common
property;
24. Section 83 amended (Contributions)
Section 83 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or for any
other purpose as agreed by an ordinary
resolution" after "expenditure";
(b) by omitting from subsection (5)
"authorised in writing by an owner" and
substituting "having an interest in a lot";
(c) by omitting from subsection (5)(d)
"owner." and substituting "owner; and";
(d) by inserting the following paragraphs
after paragraph (d) in subsection (5):
(e) information in relation to any
funds of the body corporate
administered by it; and
(f) information on any legal action to
which the body corporate is a
party; and
(g) any other matters that the body
corporate considers relevant.
14
Strata Titles Amendment Act 2006
Act No. of
s. 25
25. Section 86 repealed
Section 86 of the Principal Act is repealed.
26. Section 87 amended (Address for service)
Section 87 of the Principal Act is amended by
omitting subsection (2) and substituting the
following subsection:
(2) A body corporate must give the Recorder
notification of any change in its address
for service and, on that notification, the
Recorder is to change the address for
service accordingly.
27. Section 88 amended (Mailbox)
Section 88 of the Principal Act is amended by
omitting subsection (2).
28. Section 89 amended (Appointment of
administrator)
Section 89(3) of the Principal Act is amended by
omitting "administrative fund" and substituting
"funds".
29. Section 90 amended (Power to make by-laws)
Section 90(5) of the Principal Act is amended as
follows:
15
Strata Titles Amendment Act 2006
Act No. of
s. 30
(a) by omitting "required under this Act to
be dealt with in the by-laws" and
substituting "dealt with by the by-laws
set out in Schedule 1";
(b) by omitting "the" fifth occurring and
substituting "that".
30. Section 94 amended (Exclusive use by-laws)
Section 94(1) of the Principal Act is amended by
omitting "unanimous" and substituting
"ordinary".
31. Section 99 amended (Insurance of buildings, &c., by
body corporate)
Section 99 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) The body corporate for a strata
scheme must take out and
maintain a policy of insurance for
the buildings and other
improvements (if any) on the site
in accordance with this section.
Penalty: Fine not exceeding 50
penalty units.
16
Strata Titles Amendment Act 2006
Act No. of
s. 31
(b) by omitting subparagraph (i) from
subsection (2)(a) and substituting the
following subparagraphs:
(i) damage from fire, storm, tempest
or explosion; and
(ia) any other prescribed risks; and
(c) by inserting the following subsection
after subsection (3):
(3A) A body corporate may insure
against
(a) loss from dishonesty,
negligence or other
wrongful conduct; or
(b) other risks.
(d) by omitting from subsection (4)
"insurance policy" first occurring and
substituting "policy of insurance but
subject to subsection (5)";
(e) by omitting from subsection (4) "an
insurance" and substituting "the";
(f) by inserting the following subsections
after subsection (4):
(5) If an amount payable by way of
excess under a policy of
insurance taken out by the body
corporate under this section arises
from an event affecting only one
lot, the owner of the lot is liable
17
Strata Titles Amendment Act 2006
Act No. of
s. 32
to pay the excess unless the body
corporate decides, by ordinary
resolution, that it would be
unreasonable that he or she alone
be required to pay the excess.
(6) If an insurer of the body
corporate accepts a claim by the
body corporate based on an act or
omission by an owner of a lot, the
insurer has no right of
subrogation in respect of the
owner unless it is proved that the
act or omission was wilful.
(7) It is a defence to a charge for an
offence against subsection (1) if
the body corporate can show that,
despite the body corporate having
taken all reasonable steps
available to it to comply with that
subsection, no insurer is willing
to enter into a policy of
insurance, on reasonable terms,
that meets the obligations
imposed by this section.
32. Section 101 amended (Other insurance)
Section 101 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"common property" and substituting
"site";
18
Strata Titles Amendment Act 2006
Act No. of
s. 33
(b) by omitting subsections (2) and (3).
33. Section 126 substituted
Section 126 of the Principal Act is repealed and
the following section is substituted:
126. Orders regarding insurance
(1) If, on an application for relief under this
Part, the Recorder is satisfied that the
amount for which the body corporate has
taken out insurance is unreasonable, the
Recorder may order the body corporate
to increase or decrease the amount of the
insurance.
(2) If, on an application for relief under this
Part, the Recorder is satisfied that an
owner of a lot has taken out or
maintained insurance following a breach
by the body corporate of its obligation to
do so, the Recorder may order the body
corporate to reimburse the owner the cost
of that insurance.
34. Section 129 repealed
Section 129 of the Principal Act is repealed.
19
Strata Titles Amendment Act 2006
Act No. of
s. 35
35. Section 131 substituted
Section 131 of the Principal Act is repealed and
the following section is substituted:
131. Orders relating to new building or structural
alteration or addition to lot
(1) If, on an application for relief under this
Part, the Recorder is satisfied that a
consent, approval or authorisation of the
body corporate is required under the by-
laws of the body corporate for
(a) making or permitting a change to
the exterior character, design or
finish of buildings or structural
improvements on a lot; or
(b) constructing any new building or
make any structural
improvements on a lot
and the consent, approval or
authorisation has been unreasonably
withheld, the Recorder may make an
order authorising the relevant change,
construction or improvements on terms
and conditions specified in the order.
(2) If, on an application for relief under this
Part, the Recorder is satisfied that a
change, construction or improvements
are being, or have been, made contrary to
the by-laws, the Recorder may order the
owner of the lot to restore the lot to its
former condition.
20
Strata Titles Amendment Act 2006
Act No. of
s. 36
36. Section 134 repealed
Section 134 of the Principal Act is repealed.
37. Section 137 amended (Enforcement of orders)
Section 137(1) of the Principal Act is amended
as follows:
(a) by inserting "or refrain from taking"
after "order to take";
(b) by inserting in paragraph (a) "or refrain
from taking" after "take";
(c) by omitting from paragraph (b)
"requiring" and substituting "if
appropriate, requiring".
38. Section 139 amended (Order may have effect as
resolution of body corporate)
Section 139 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) ", a
special resolution";
(b) by omitting from subsection (2) ", a
special resolution".
21
Strata Titles Amendment Act 2006
Act No. of
s. 39
39. Section 151 substituted
Section 151 of the Principal Act is repealed and
the following section is substituted:
151. General provision about use of lots
(1) The owner or occupier of a lot
established by a scheme under this Act
must not use the lot or permit its use
(a) for a purpose other than a purpose
for which the lot is established as
indicated in the relevant
registered plan or scheme; or
(b) contrary to a restriction indicated
in the relevant registered plan or
scheme.
(2) A notation on a registered plan or scheme
under this section may be endorsed on
part or all of a lot or part or all of the
common property.
(3) A deletion or alteration to a notation on a
registered plan or scheme under this
section may be effected only by an
amendment under Division 6 of Part 2.
40. Schedule 1 amended (Model by-laws)
Schedule 1 to the Principal Act is amended as
follows:
22
Strata Titles Amendment Act 2006
Act No. of
s. 40
(a) by omitting subclause (3) from clause 1
and substituting the following subclause:
(3) The owner of a lot must not,
without the written permission of
the body corporate
(a) make or permit a change
to the exterior character,
design or finish of
buildings or structural
improvements on the lot;
or
(b) construct any new
building or make any
structural improvements
on the lot unless they
conform to the exterior
character, design and
finish of any existing
buildings or structural
improvements on the site.
(b) by inserting the following clauses after
clause 8:
9. Parking of motor vehicles
Where a space for vehicle
parking has been allocated to a lot
under section 81(1)(da), only the
owner or occupier of that lot or
his or her invitee may park a
vehicle in that space.
23
Strata Titles Amendment Act 2006
Act No. of
s. 40
10. Quorum
A quorum at a meeting of the
body corporate is a majority of
the total number of the members
of the body corporate.
24 Government Printer, Tasmania