STRATA SCHEMES MANAGEMENT ACT 2015
- As at 14 January 2018 - Act 50 of 2015Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Objects of Act
- 4 Definitions
- 5 Resolutions of owners corporations
- 6 Meaning of "large strata scheme"
- 7 Connected persons
PART 2 - MANAGING BODY FOR STRATA SCHEMES--OWNERS CORPORATION
Division 1 - Constitution of owners corporation
- 8 Constitution of owners corporation
Division 2 - Management of strata schemes
- 9 Owners corporation responsible for management of strata scheme
- 10 Functions of owners corporation generally
- 11 Other management bodies and persons who assist the owners corporation
- 12 Owners corporation may employ persons to assist in exercise of functions
- 13 Functions that may only be delegated to member of strata committee or strata managing agent
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
- 26 Restrictions on powers of owners corporation during initial period
- 27 Order to authorise certain acts during initial period
Division 5 - Effect of termination order on owners corporation
- 28 Termination of strata scheme
PART 3 - STRATA COMMITTEE OF OWNERS CORPORATION
Division 1 - Constitution of strata committee
- 29 Owners corporation to appoint strata committee
- 30 Members of strata committee
- 31 Persons who are eligible to be appointed or elected to strata committee
- 32 Persons who are not eligible to be appointed or elected to strata committee
- 33 Tenant representatives
- 34 Acting members of strata committee
- 35 Vacation of office of elected member of strata committee
Division 2 - Functions of strata committee
- 36 Functions of strata committee
- 37 Duty of members of strata committee
- 38 Acts and proceedings of strata committee valid despite vacancies or defects
Division 3 - Meetings of strata committee
Division 4 - Office holders
- 41 Strata committee to appoint officers
- 42 Functions of chairperson of owners corporation
- 43 Functions of secretary of owners corporation
- 44 Functions of treasurer of owners corporation
- 45 Vacation of office by officer
- 46 Payment of officers of owners corporation
- 47 Original owner to exercise officers' functions before appointment of officers
- 48 Tribunal may order meeting if no officers or strata committee
PART 4 - STRATA MANAGING AGENTS AND BUILDING MANAGERS
Division 1 - Appointment of strata managing agents
- 49 Appointment of strata managing agents
- 50 Term of appointment of strata managing agents
- 51 Transfer of functions of strata managing agent
Division 2 - Functions of strata managing agent
- 52 Owners corporation may delegate functions to strata managing agent
- 53 Exercise of delegated functions by strata managing agent
- 54 Functions of officers and strata committee may be given to strata managing agent
- 55 Strata managing agent to record exercise of functions
- 56 Exercise of functions of strata managing agent appointed by Tribunal
- 57 Breaches by 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
- 66 Building managers
- 67 Appointment of building managers
- 68 Term of appointment of building managers
- 69 Transfer of functions of building manager
- 70 Functions of building manager
Division 5 - General
- 71 Interests must be disclosed by potential strata managing agents or building managers
- 72 Strata managing agent and building manager agreements may be terminated or varied by Tribunal
PART 5 - FINANCIAL MANAGEMENT
Division 1 - Funds and accounts of owners corporation
- 73 Administrative fund
- 74 Capital works fund
- 75 Investment of money in administrative fund or capital works fund
- 76 Use of administrative fund or capital works fund for purposes of other fund
- 77 Distribution of surplus money in administrative fund or capital works fund
- 78 Accounts of owners corporation
Division 2 - Contributions by owners
- 79 Estimates to be prepared of contributions to administrative and capital works funds
- 80 Owners corporation to prepare 10-year capital works fund plan
- 81 Owners corporation to set contributions to administrative and capital works funds
- 82 Individual contributions may be larger if greater insurance costs
- 83 Levying of contributions
- 84 Liability of persons other than owners for contributions
- 85 Interest, discounts on contributions and payment plans
- 86 Recovery of unpaid contributions and interest
- 87 Orders varying contributions or payment methods
- 88 Effect of order varying contributions where payments have been made
- 89 Order requiring original owner to pay compensation for inadequate estimates and levies
- 90 Contributions for legal costs awarded in proceedings between owners and owners corporation
- 91 Information about contributions payable for retirement village
Division 3 - Financial statements and accounting records of owners corporation
- 92 Owners corporation must prepare financial statements and statements of key financial information
- 93 Requirements for financial statements
- 94 Statement of key financial information
- 95 Auditing of accounts and financial statements
Division 4 - Accounting records
- 96 Accounting records must be kept by owners corporation
- 97 Receipts
- 98 Transaction records
- 99 Levy register
Division 5 - Financial functions generally
- 100 Power to borrow money
- 101 Persons who can exercise functions relating to the finances and accounts of the owners corporation
- 102 Limits on spending by large strata schemes
- 103 Legal services to be approved by general meeting
- 104 Restrictions on payment of expenses incurred in Tribunal proceedings
- 105 Disclosure of matters relating to legal costs
PART 6 - PROPERTY MANAGEMENT
Division 1 - Common property
- 106 Duty of owners corporation to maintain and repair property
- 107 Common property memorandum
- 108 Changes to common property
- 109 Cosmetic work by owners
- 110 Minor renovations by owners
- 111 Work by owners of lots affecting common property
- 112 Owners corporation may grant licence to use common property
- 113 Agreement for payment to owner of consideration on transfer or lease of common property
- 114 Functions subject to strata development contract
- 115 Initial maintenance schedule must be prepared
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 - Goods left on common property
- 125 Disposal of abandoned goods on common property
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
PART 7 - BY-LAWS FOR STRATA SCHEMES
Division 1 - Interpretation
- 133 Definitions
Division 2 - Establishment and effect of by-laws
- 134 By-laws that apply to strata schemes
- 135 Requirement to comply with by-laws
- 136 Matters by-laws can provide for
- 137 Occupancy limits
- 138 Model by-laws
- 139 Restrictions on by-laws
- 140 Restrictions on by-laws during initial period
- 141 Procedure for changes to by-laws
Division 3 - By-laws conferring rights or privileges over common property
- 142 Common property rights by-law
- 143 Requirements and effect of common property rights by-laws
- 144 Common property rights by-law must provide for maintenance of property
- 145 Common property rights by-law binding on owners for time being
Division 4 - Enforcement of by-laws
Division 5 - Orders about by-laws
- 148 Order revoking amendment of by-law or reviving repealed by-law
- 149 Order with respect to common property rights by-laws
- 150 Order invalidating by-law
PART 8 - OBLIGATIONS OF OWNERS, OCCUPIERS AND OTHERS RELATING TO LOTS
Division 1 - Obligations relating to lots
- 151 Owners, occupiers and other persons not to interfere with support or shelter provided by lot or with services
- 152 Owner must notify owners corporation of alteration to lot structure
- 153 Owners, occupiers and other persons not to create nuisance
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
- 160 Owners corporation to insure building
- 161 Requirements for damage policy
- 162 Insurance premiums where strata scheme is for part only of building
- 163 Use of insurance money by owners corporation
- 164 Other mandatory insurance requirements for owners corporation
- 165 Owners corporation may take out other insurance
- 166 Strata managing agent to obtain insurance quotations
Division 2 - Insurance claims and other matters affecting insurance
- 167 Part does not limit owner's insurance rights
- 168 Insurable interests
- 169 Insurance of mortgaged lot
- 170 Insurance claim where owner at fault
- 171 Action against owners corporation by owner
Division 3 - Orders about insurance
- 172 Exemption by Tribunal from building insurance requirements
- 173 Effect of exemption from building insurance requirements
- 174 Order to make or pursue insurance claim
- 175 Orders requiring damage policy
PART 10 - RECORDS AND INFORMATION ABOUT STRATA SCHEMES
Division 1 - Strata roll and other records
- 176 Form of records
- 177 Owners corporation must prepare strata roll
- 178 Content of strata roll
- 179 Notices and orders to be kept
- 180 Certain records to be retained for prescribed period
- 181 Owners corporation may require certain persons to produce records, accounts and property of the owners corporation
Division 2 - Provision of information about strata schemes
- 182 Requests for inspection of records of owners corporation
- 183 Inspection of owners corporation documents
- 184 Certificate by owners corporation as to financial and other matters relating to lot
- 185 Strata information certificate is evidence of matters stated in it
- 186 Provision of strata scheme information to tenants
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
- 189 Definitions
- 190 Interpretation provisions--building work
- 191 Building work to which Part applies
- 192 Owners corporation decisions
Division 2 - Inspection reports
- 193 Building inspectors
- 194 Obligations of developer
- 195 Approval of building inspector appointment by owners corporation
- 196 When building inspector for interim inspection arranged by Secretary
- 197 Building inspector must not be connected with developer
- 198 Obligations of building inspector
- 199 Interim report
- 200 Obligation to arrange final inspection and report
- 201 Final report
- 202 Persons who are to be provided with copies or notice of reports
- 203 Powers of building inspector
- 204 Costs of reports and appointment
- 205 Effect of inspection report
- 206 Rectification of defects
Division 3 - Building bonds
- 207 Bond to be given
- 208 Form of building bond
- 209 When amount secured by building bond payable
- 210 Use of amounts secured by building bond
- 211 Tribunal may make orders as to access and contract price
Division 4 - Miscellaneous
- 212 Variation of times for reports and other matters
- 213 Review of decisions
- 214 Regulations
- 215 Relationship of Part to other remedies
PART 12 - DISPUTES AND TRIBUNAL POWERS
NoteDivision 1 - Internal dispute resolution
- 216 Internal dispute resolution procedures for strata schemes
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
- 226 Interested persons
- 227 Certain applications cannot be accepted without prior mediation
- 228 Notice of applications to Tribunal
Division 4 - Orders that may be made by Tribunal
- 229 General order-making power of Tribunal
- 230 Agreements and arrangements arising from mediation sessions
- 231 Interim orders
- 232 Orders to settle disputes or rectify complaints
- 233 Order for settlement of dispute between strata schemes
- 234 Order enforcing positive covenant
- 235 Orders enforcing restrictions on uses of utility lots
- 236 Order for reallocation of unit entitlements
- 237 Orders for appointment of strata managing agent
- 238 Orders relating to strata committee and officers
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
- 248 Recovery of unpaid civil penalty
PART 13 - OFFENCES AND PROCEEDINGS
Division 1 - Offences and enforcement
- 249 Investigations by Secretary
- 250 Penalty notices
- 251 Nature of 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
- 256 Functions of Secretary
- 257 Delegation by Secretary
- 258 Tenancy notice to be given to owners corporation of leases or subleases
- 259 Notice to be given to owners corporation of mortgagee taking possession of lot
- 260 Personal liability
- 261 Address for service
- 262 Service of documents on an owners corporation
- 263 Service of documents by owners corporation and others
- 264 Service of documents
- 265 Change of owners corporation's address
- 266 Dividing fences
- 267 Apportionment of statutory charges
- 268 Powers of entry by public authority or public officer
- 269 Notices under Real Property Act 1900 to owners corporation taken to be notices to owners
- 270 Contracting out prohibited
- 271 Regulations
- 272 Persons who may keep seals of owners corporations
- 273 Affixing of seal of owners corporation
- 274 Act to bind Crown
- 275 Repeals
- 276 Review of Act
- SCHEDULE 1
- SCHEDULE 2
- SCHEDULE 3 Schedule 4 (Repealed)