STRATA TITLES ACT 1985
Table of Provisions
PART 1 -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Terms used
- 4 Notes and examples not part of Act
- 5 Act binds Crown
PART 2 -- Strata titles schemes
- 6 Legislative framework
- 7 Strata titles schemes
- 8 Freehold schemes and leasehold schemes
- 9 Lots -- strata schemes and survey-strata schemes
- 10 Common property
- 11 Subdivision of land by strata titles scheme
- 12 Registration of strata titles scheme
- 13 Strata titles
- 14 Strata company
PART 3 -- Planning and development
Division 1 -- Planning approvals
Subdivision 1 -- Strata schemes
- 15 Subdivision approval of strata scheme
- 16 Application of Planning and Development Act
Subdivision 2 -- Survey-strata schemes
- 17 Subdivision approval of survey-strata scheme
Subdivision 3 -- General provisions
- 18 Planning (scheme by-laws) condition
- 19 Planning approval of scheme plan or amendment of scheme plan
- 20 Approval for postponement of expiry day for leasehold scheme
- 21 Approval for modification of restricted use condition
- 22 Approval under planning (scheme by-laws) condition
- 23 Requirement for local government approval
Division 2 -- Preliminary determinations
- 24 Preliminary determinations by local government
Division 3 -- Common property
- 25 Long term lease of temporary common property
- 26 Long term lease or licence over common property
Division 4 -- Review of decisions
- 27 Review of Planning Commission decision
- 28 Review of local government decision
PART 4 -- Scheme documents
Division 1 -- Scheme notice
- 29 Scheme notice
- 30 Scheme name and address for service of strata company
- 31 Postponement of expiry day for leasehold scheme
Division 2 -- Scheme plans
- 32 Scheme plan
- 33 Short form easements or restrictive covenants
- 34 Requirements for registration of scheme plan
- 35 Requirements for registration of amendment of scheme plan
- 36 Exemption for staged subdivision
Division 3 -- Schedule of unit entitlements
- 37 Schedule of unit entitlements
- 38 Requirements for registration of amendment of schedule of unit entitlements
Division 4 -- Scheme by-laws
- 39 Scheme by-laws on registration
- 40 Leasehold by-laws
- 41 Resolution for postponement of expiry day under leasehold by-laws
- 42 Staged subdivision by-laws
- 43 Exclusive use by-laws
- 44 Making of scheme by-laws
- 45 Application of scheme by-laws
- 46 Invalidity of scheme by-laws
- 47 Enforcement of scheme by-laws
- 48 Requirements for registration of amendment to give effect to scheme by-laws
Division 5 -- Strata leases
- 49 Relationship with other laws
- 50 Term of strata lease
- 51 Limitations on powers of owner of leasehold scheme
- 52 Content and form of strata lease
- 53 Amendment of strata lease
- 54 Enforcement of strata lease
- 55 Contracting out prohibited
PART 5 -- Registration and land titles
Division 1 -- Schemes and amendment of schemes
- 56 Application for registration
- 57 Effect of registration
- 58 Registration process
- 59 No presumption of validity of scheme by-laws
Division 2 -- Re-entry or surrender of strata leases
- 60 Notice and registration
Division 3 -- Statutory easements
- 61 Easement for support, shelter and projections -- lot
- 62 Easement for support, shelter and projections -- common property
- 63 Utility service easement
- 64 Common property (utility and sustainability infrastructure) easement
- 65 Entry under statutory easement
- 66 Rectification of damage
Division 4 -- Rates, taxes and charges
- 67 Registrar of Titles to deliver copies of plans
- 68 Particulars on plan to be conclusive for rating and taxing purposes
- 69 Rating for strata schemes
- 70 Rating for survey-strata schemes
- 71 Rating on gross rental value
- 72 Owner may seek a review of unimproved value of parcel
- 73 Land tax and metropolitan region improvement tax: strata schemes
- 74 Land tax and metropolitan region improvement tax: survey-strata schemes
- 75 Charges for water supplied
- 76 Water service charges under the Water Services Act 2012
PART 6 -- Scheme developer
- 77 First statutory general meeting
- 78 Key documents
- 79 Disclosure of remuneration and other benefits
- 80 Defects in scheme buildings or infrastructure
- 81 Contracting out prohibited
PART 7 -- Lot owners and occupiers
Division 1 -- General
- 82 Offence to contravene restricted use condition
- 83 Use and enjoyment
- 84 Insurance for lot
- 85 Person to act for lot owner in certain circumstances
Division 2 -- Structural alteration of lots
- 86 Terms used in this Division
- 87 Structural alteration of lot in strata scheme
- 88 Structural alteration of lot in survey-strata scheme
- 89 Approvals and objections to structural alterations
- 90 Order dispensing with approval for structural alteration of lot
PART 8 -- Strata company
Division 1 -- Functions
Subdivision 1 -- Property
- 91 General duty
- 92 Temporary common property
- 93 Transactions affecting common property or parcel
- 94 Power of strata company to carry out work
- 95 Power of strata company to enter any part of parcel
- 96 Recovery of records, keys and property
Subdivision 2 -- Insurance
- 97 Required insurance
- 98 Notice to member of strata company
- 99 Member may obtain required insurance
Subdivision 3 -- Financial management
- 100 Administrative and reserve funds and contributions
- 101 Accounting records and statement of accounts
- 102 Budget
Subdivision 4 -- Representation and judgment debts
- 103 Strata company is representative of owners in proceedings
Subdivision 5 -- Records and correspondence
- 104 Records and correspondence
- 105 Roll to be kept by strata company
- 106 Address for service if no roll maintained in 2, 3, 4 or 5-lot scheme
Subdivision 6 -- Provision of information
- 107 Application by person with proper interest in information
- 108 Contact information
- 109 Inspection of material
- 110 Certificates
- 111 Legal professional privilege and defamation
Subdivision 7 -- Miscellaneous powers
- 112 Compliance with scheme by-laws
- 113 Enforcement of road laws
- 114 Enforcement of local laws
- 115 Power to terminate certain contracts for amenities or services
- 116 Powers of strata company generally
Subdivision 8 -- Limitations
- 117 Limitations on exercise of powers
- 118 Common seal and execution of documents
Division 2 -- Objectives
Division 3 -- Procedures
Subdivision 1 -- Voting and resolutions
- 120 Voting
- 121 Voting period
- 122 Counting of votes
- 123 Resolutions
- 124 Voting by proxy
- 125 Disqualification from voting as proxy
- 126 Exercise of voting power in certain cases
Subdivision 2 -- Meetings of strata company
- 127 Annual general meetings of strata company
- 128 Extraordinary general meetings of strata company
- 129 Notice requirements for all general meetings
- 130 Quorum at general meetings
- 131 Holding meetings remotely
- 132 Conducting business at general meetings
- 133 Resolutions of general meetings
- 134 Performance of restricted council functions in general meeting
Division 4 -- Councils
- 135 Functions and constitution of councils
- 136 Corporate body may be officer or council member
- 137 Council members: general duties and conflicts of interest
Division 5 -- Miscellaneous
- 138 Performance of council functions in general meeting if no council or quorum
- 139 Contract formalities
- 140 Special rules for 2, 3, 4 or 5-lot schemes
- 141 Protection from liability
- 142 Exclusion of Corporations Act
PART 9 -- Strata managers
- 143 Authorisation of functions of strata manager
- 144 Requirements to be met by strata manager
- 145 Strata management contracts: minimum requirements
- 146 General duties and conflict of interest
- 147 Disclosure of remuneration and other benefits
- 148 Operation of accounts
- 149 Accounting information
- 150 Audits
- 151 Termination of strata management contract
- 152 Return of records and other property
- 153 Provision of information about industry
- 154 Contracting out prohibited
- 155 Protection from liability
PART 10 -- Protection of buyers
- 156 Information to be given before contract
- 157 Information to be given after contract
- 158 Delay in settlement for failure to give information
- 159 Avoidance of contract for failure to give information
- 160 Avoidance of contract on notification of variation for material prejudice
- 161 Avoidance of contract for failure to disclose type 1 notifiable variation
- 162 Avoidance of contract for failure to disclose type 2 notifiable variation
- 163 Proposed lot contract
- 164 Avoidance of contract -- manner and effect
- 165 Contracting out prohibited
PART 11 -- Variation of strata titles scheme by Tribunal
Division 1 -- On damage or destruction
- 166 Variation of strata scheme on damage or destruction of building
Division 2 -- On compulsory acquisition
- 167 Variation of strata scheme on taking
- 168 Variation of survey-strata scheme on taking
- 169 Acquiring authority to lodge redefining plan after partial taking
Division 3 -- Notice of applications
- 170 Notice of application for order under section 166, 167 or
PART 12 -- Termination of strata titles scheme
Division 1 -- Introduction
Division 2 -- Expiry of leasehold scheme
- 172 Notification of expiry
Division 3 -- Termination proposal
- 173 Proponent
- 174 Outline of termination proposal
- 175 Content of outline of termination proposal
- 176 Ordinary resolution and support of owner of leasehold scheme required to proceed further
- 177 Approval of plan of subdivision
- 178 Full proposal
- 178A Reference of full proposal to independent advocate
- 179 Content of full proposal
- 180 Support of owner of leasehold scheme required
- 181 Meetings and submissions
- 182 Vote
- 183 Confirmation of termination resolution by Tribunal
- 184 Endorsement of subdivision approval on plan
- 185 Application for termination of scheme
- 186 Withdrawal of termination proposal
- 187 Notice that termination proposal cannot proceed further
- 188 Notices received by Registrar of Titles
- 189 Costs of process
- 190 Arrangements for independent advice or representation for owners
Division 4 -- Termination by single owner
- 191 Application for termination by single owner
Division 5 -- Directions for winding up of strata company
- 192 Order for directions about winding up of strata company
Division 6 -- Notice, application and registration process
- 193 Notice of expiry or application for termination of scheme
- 194 Registration process for termination of scheme
- 195 Effect of termination of scheme
Division 7 -- Termination on compulsory acquisition
- 196 Termination on compulsory acquisition
PART 13 -- Tribunal proceedings
- 197 Scheme disputes
- 198 Procedure
- 199 Declarations
- 200 Orders
- 201 Interim orders
- 202 Decision not to make order or declaration
- 203 Certain powers only exercisable by judicial member or legally qualified member
- 204 Limitations on orders
- 205 Administrator of strata company
- 206 Contributions for money payable by strata company
- 207 Enforcement of order to act
- 208 Order overrides existing scheme by-laws
- 209 Original jurisdiction
- 210 Internal review of order or declaration
PART 14 -- Miscellaneous
- 211 Other rights and remedies not affected by this Act
- 212 Caravan and camping areas not to be subdivided
- 213 Dividing fences
- 214 Internal fencing
- 215 Address for service
- 216 Service of documents on strata company, owners and others
- 217 Powers of entry under written laws
- 218 Correction of errors by Registrar of Titles
- 219 Delegation by Commissioner of Titles
- 220 Delegation by Registrar of Titles
- 221 Money received by Registrar of Titles
- 222 Disposition statement
- 223 Requirements under Transfer of Land Act
- 223A Application in Swan Valley
- 224 Regulations
- 225 Certain prescribed fees may exceed cost recovery
- 226 Expiry of section
- 227 Review of this Act
- 228 Transitionals and savings: 3, 4 and