{"id":"strata-titles-act-1988","name":"Strata Titles Act 1988","slug":"strata-titles-act-1988","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110309,"registerId":"sa-strata-titles-act-1988-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Strata Titles Act 1988.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nallotment means the whole of the land comprised in a certificate of title;\nassistance animal has the same meaning as in the Equal Opportunity Act 1984;\nbody corporate manager—see section 27B;\nbuilding includes a fixed structure;\nbusiness day means any day except Saturday, Sunday or a public holiday;\nceiling includes a false or suspended ceiling;\ncouncil means—\n\t(a)\tin relation to a local government area—a municipal or district council;\n\t(b)\tin relation to the parts of the State that lie outside local government areas—the Outback Areas Community Development Trust;\nthe Court means the Supreme Court of South Australia;\ndeposited in relation to a strata plan means deposited in the Lands Titles Registration Office by the Registrar-General;\neasement includes a right of way;\nencumbrance includes—\n\t(a)\ta life estate or a lease; or\n\t(b)\ta mortgage or charge; or\n\t(c)\ta claim or lien; or\n\t(d)\tan easement; or\n\t(e)\ta caveat;\nERD Court means the Environment, Resources and Development Court established under the Environment, Resources and Development Court Act 1993;\nfence includes a gate;\nfloor includes a stairway or ramp;\nholder of a statutory encumbrance means—\n\t(a)\tin relation to an agreement under Part 14 of the Planning, Development and Infrastructure Act 2016—the Minister, council or greenway authority that entered into the agreement; or\n\t(b)\tin any other case—the Minister responsible for the administration of the Act under which the encumbrance was entered into or is in force;\noccupier in relation to a unit means a person who occupies the unit on a temporary or permanent basis (either solely or jointly with other persons) and includes a person who is unlawfully in occupation of a unit;\nordinary resolution of a strata corporation means a resolution passed at a properly convened meeting of the corporation by a simple majority of the votes of unit holders present and voting on the resolution;\noriginal registered proprietor in relation to a strata scheme means the person who was, immediately before the deposit of the strata plan, the registered proprietor of an estate in fee simple in the land;\nowner in relation to land means the proprietor of an estate in fee simple in the land;\npublic land means—\n\t(a)\tland vested in a council;\n\t(b)\tland controlled or managed by a council;\nregistered encumbrance means an encumbrance registered or entered on a certificate of title;\nrelevant animal means an assistance animal or a therapeutic animal;\nsite means the land comprised in a strata plan (as distinct from the buildings and other improvements to that land);\nspecial resolution in relation to a strata corporation means a resolution as to which the following conditions are satisfied;\n\t(a)\tat least 14 days' written notice, setting out the terms of the proposed resolution and any other information of a kind prescribed by regulation, is given to the unit holders;\n\t(b)\t—\n\t(i)\tin the case of a strata corporation in which there are only 3 units and the owner of each unit is entitled to 1 vote in respect of his or her unit—the resolution is passed at a properly convened meeting of the strata corporation at which either no vote, or only 1 vote, is cast against the resolution; or\n\t(ii)\tin any other case—the resolution is passed at a properly convened meeting of the strata corporation at which the number of votes (if any) cast against the resolution is 25% or less of the total number of votes that could be cast at a meeting at which all unit holders are present and entitled to vote;\nstatutory encumbrance means—\n\t(aaa)\tan Aboriginal heritage agreement entered into under the Aboriginal Heritage Act 1988;\n\t(aa)\tan agreement under section 39D of the repealed City of Adelaide Development Control Act 1976 that is continued in force by virtue of the provisions of the Acts Interpretation Act 1915;\n\t(a)\tan agreement under Part 14 of the Planning, Development and Infrastructure Act 2016 (including an agreement under Part 5 of the Development Act 1993 that is taken to be an agreement under that Part of the Planning, Development and Infrastructure Act 2016);\n\t(b)\tany agreement or proclamation registered or noted on the title immediately before the commencement of the Development Act 1993 that is continued in force by virtue of the provisions of the Statutes Repeal and Amendment (Development) Act 1993;\n\t(d)\ta heritage agreement entered into under the Heritage Act 1993;\n\t(da)\ta heritage agreement entered into under the Native Vegetation Act 1991;\n\t(db)\tan access agreement entered into under the Recreational Greenways Act 2000;\n\t(e)\ta management agreement entered into under the River Murray Act 2003;\n\t(ea)\ta management agreement entered into under the Upper South East Dryland Salinity and Flood Management Act 2002;\n\t(f)\tany other encumbrance created by or under any statute and prescribed by the regulations for the purposes of this definition;\nthe strata community means those who reside or work at the units in a strata scheme;\nstrata corporation means a body corporate created under this Act on the deposit of a strata plan;\nstrata scheme means—\n\t(a)\tthe land comprised in a strata plan; and\n\t(b)\tthe buildings and other improvements on that land;\ntherapeutic animal has the same meaning as in section 88A of the Equal Opportunity Act 1984;\nunanimous resolution in relation to a strata corporation means a special resolution passed without any dissentient vote at a general meeting of the corporation;\nunit means an area shown on a strata plan as a unit;\nunit holder means—\n\t(a)\ta person registered as proprietor of an estate in fee simple in the unit;\n\t(b)\tif the fee simple is divided into a life estate with a remainder or reversionary interest—the person registered as the proprietor of the life estate;\nwall includes a door or window.\n\t(2)\tFor the purposes of this Act, land will be regarded as being adjacent to other land if the land—\n\t(a)\tabuts on the other land; or\n\t(b)\tis separated from the other land only by—\n\t(i)\ta road, street, footpath, railway or thoroughfare; or\n\t(ii)\ta reserve or other similar open space.\nNote—\nFor definition of divisional penalties (and divisional expiation fees) see Appendix.\n4—This Act and the Real Property Act to be read together as a single Act\nThis Act and the Real Property Act 1886 will be read together and construed as if the two Acts constituted a single Act.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Division of land by strata plan","content":"Part 2—Division of land by strata plan\n","sortOrder":1},{"sectionNumber":"Div 1","sectionType":"division","heading":"The strata plan","content":"Division 1—The strata plan\n5—Nature of strata plan and requirements with which it must conform\n\t(1)\tA strata plan is a plan dividing land into—\n\t(a)\tunits (of which there must be at least two); and\n\t(b)\tcommon property.\n\t(2)\tA strata plan must comprise the whole of one or more allotments.\n\t(3)\tA strata plan—\n\t(a)\tmust define the units to be created by the plan in a manner that allows the boundaries of each unit to be ascertained; and\n\t(b)\tmust assign to each unit a distinguishing number; and\n\t(c)\tmust have annexed to it a schedule of unit entitlements in relation to the units; and\n\t(d)\tmust delineate the boundaries of the land comprised in the plan; and\n\t(e)\tmust delineate in relation to those boundaries the external lateral boundaries of all buildings on the land; and\n\t(f)\tmust comply with any other requirements stipulated by the Registrar-General.\n\t(4)\tA unit—\n\t(a)\tmust consist of, or include, the whole or a part of a building;\n\t(b)\tneed not be wholly within one or more buildings;\n\t(c)\tmay be below, on or above the surface of land;\n\t(d)\tmay be wholly on one storey or level or partly on one storey or level and partly on another or others;\n\t(e)\tmay include an area (a unit subsidiary)—\n\t(i)\tfor the separate use of the occupier of the unit; and\n\t(ii)\tappurtenant to the portion of the unit designed for separate occupation.\n\t(5)\tSubject to any explicit statement to the contrary in a strata plan, the following principles apply to the definition of a unit by strata plan—\n\t(a)\twhere a boundary is defined by reference to a wall or fence—the boundary is the inner surface of the wall or fence;\n\t(b)\twhere a boundary is defined by reference to a floor—the boundary is the upper surface of the floor;\n\t(c)\twhere a boundary is defined by reference to a ceiling or roof—the boundary is the under surface of the ceiling or roof.\n\t(6)\tThe common property comprises—\n\t(a)\tany land or space that is not within a unit;\n\t(b)\tany pipe, cable, wire, duct or drain that is not for the exclusive use of a unit;\n\t(c)\tany structure that is not for the exclusive use of a unit installed before the deposit of the strata plan;\n\t(d)\tany structure installed by a strata corporation as part of the common property;\n\t(e)\tany other structure on the site committed to the care of a strata corporation as part of the common property.\n\t(7)\tSubject to any explicit statement to the contrary in the strata plan, a wall or fence between a building that forms part of a unit and a unit subsidiary to that unit is part of the common property.\n\t(8)\tThe plan must conform with any requirements of the regulations as to the design of the strata scheme.\n6—Unit entitlement\n\t(1)\tThe unit entitlement of a unit is a number assigned to the unit that bears in relation to the aggregate unit entitlements of all of the units defined on the relevant strata plan (within a tolerance of ± 10 per cent) the same proportion that the capital value of the unit bears to the aggregate capital value of all of the units.\n\t(2)\tThe unit entitlement of a unit must be expressed as a whole number.\n\t(3)\tThe aggregate unit entitlements of all units defined on a strata plan must, if the regulations so provide, be a number fixed in the regulations.\n","sortOrder":2},{"sectionNumber":"Div 3","sectionType":"division","heading":"Proprietary incidents arising from deposit of strata plan","content":"Division 3—Proprietary incidents arising from deposit of strata plan\n9—Easements\nThe following easements exist, to the extent required by the nature of the strata scheme, between the units and between the units and common property:\n\t(a)\teasements of support and shelter;\n\t(b)\teasements allowing for the establishment and maintenance of pipes, ducts, cables and other equipment so that—\n\t(i)\ta unit may be supplied with water, gas, electricity, heating oil, or air-conditioned air;\n\t(ii)\ta unit may be connected to the telephone or to a radio or television antenna;\n\t(iii)\ta unit may be connected to sewerage, garbage, drainage or other similar services.\n10—Common property\n\t(1)\tThe common property is held by the strata corporation in trust for the unit holders.\n\t(2)\tAn equitable share in the common property attaches to each unit and cannot be alienated or dealt with separately from the unit.\n\t(3)\tThe extent of the share is proportioned to the unit entitlement of the unit.\n11—Vesting of public land in the council\n\t(1)\tAny land shown on a deposited strata plan as a road, street, thoroughfare, reserve or similar open space (except any such land shown on the plan as an easement or excluded by regulation from the application of this section) is vested in the council in fee simple free of any encumbrance.\n\t(2)\tAny road, street or thoroughfare that vests in a council under subsection (1) will be regarded, for all purposes, as a public road, street or thoroughfare.\n","sortOrder":3},{"sectionNumber":"Div 4","sectionType":"division","heading":"Amendment of deposited strata plan","content":"Division 4—Amendment of deposited strata plan\n12—Application for amendment\n\t(1)\tAn application for the amendment of a deposited strata plan may be made only by the strata corporation.\n\t(2)\tThe applicant must provide evidence to the satisfaction of the Registrar-General—\n\t(a)\tthat the application is made in pursuance of a unanimous resolution duly passed at a properly convened meeting of the strata corporation;\n\t(b)\tthat any person with an encumbrance registered in relation to units or common property affected by the proposed amendment consents to the amendment;\n\t(c)\tif units or common property affected by the proposed amendment are subject to a statutory encumbrance—that the holder of the statutory encumbrance consents to the amendment.\n\t(2a)\tWhere the amendment of a deposited strata plan would result in the extinguishment of an easement in respect of part of the dominant land, the consent of a person who has, or claims, an estate or interest in the servient land is not required in relation to that extinguishment if rights under the easement continue in existence in respect of some other part of the dominant land.\n\t(3)\tThe application must be accompanied by—\n\t(c)\tif the amendment affects the delineation of units, common property or any buildings on the site—\n\t(i)\ta plan indicating the changes to be effected by the amendment;\n\t(ii)\ta certificate from a licensed surveyor in the prescribed form (which may be endorsed on the plan) certifying that the plan correctly delineates the units, the common property and the buildings on the site;\n\t(iii)\ta certificate from a licensed valuer certifying the amount (if any) by which the value of any unit or the common property would be varied by the amendment; and\n\t(d)\tif the amendment—\n\t(i)\tconsists of a variation of the unit entitlements of the units; or\n\t(ii)\taffects the relative value of the units,\na fresh schedule of unit entitlements certified correct by a licensed valuer; and\n\t(e)\tan instrument providing for the discharge of any registered encumbrance shown on the certificate or certificates of title of the units that should, in the opinion of the Registrar-General, be discharged; and\n\t(f)\tsuch other documentary material as the Registrar-General may require.\n\t(3a)\tWhere—\n\t(a)\tthe erection or alteration of a building on the site causes an encroachment on land not included in the site; and\n\t(b)\tthe application for amendment relates (wholly or in part) to the erection or alteration of that building,\nthe application can only be accepted if—\n\t(c)\tno part of a unit would, if the amendment were made, form part of the encroachment; and\n\t(d)\t—\n\t(i)\tthe encroachment is over public land and the council within whose area the land is situated consents to the encroachment; or\n\t(ii)\tthe encroachment consists of the protrusion of footings, or footings and associated structures of a prescribed nature, by not more than the prescribed distance beyond the boundaries of the site, and the owner of the land over which the encroachment occurs consents to the encroachment; or\n\t(iii)\tit is established to the Registrar-General's satisfaction that the encroachment is otherwise authorised by law.\n\t(3b)\tIf the amendment affects the delineation of units or common property, the Registrar‑General must not deal with the application unless satisfied that the certificate from the State Planning Commission required by section 138 of the Planning, Development and Infrastructure Act 2016 has been given, and is in force, in relation to the amendment.\n\t(3c)\tThe certificate from the State Planning Commission under section 138 of the Planning, Development and Infrastructure Act 2016 expires at the expiration of 1 year after the application for amendment was lodged with the Registrar‑General unless the Registrar‑General extends the life of the certificate.\n\t(4)\tWhere due application is made for the amendment of a strata plan, the Registrar‑General will, so far as the nature of this amendment requires—\n\t(a)\tamend the plan in accordance with the application, or substitute a fresh strata plan;\n\t(b)\tamend or endorse any certificate of title affected by the amendment, or cancel any such certificate and issue a new certificate or new certificates;\n\t(c)\tsubstitute a fresh schedule of unit entitlements.\n\t(4a)\tWhere an application affected by an encroachment is accepted by the Registrar‑General—\n\t(a)\tunless the encroachment is over public land, the Registrar-General will, on the amendment of the plan, enter the encroachment on any relevant certificate of title; and\n\t(b)\tany consent given in relation to the encroachment is binding on present and subsequent owners and occupiers of the land.\n\t(5)\tWhere part of a unit is, on the amendment of the strata plan by the Registrar-General, transferred to another unit or to common property, then—\n\t(a)\tthe part is discharged from any encumbrance (other than an easement or statutory encumbrance) registered over the unit from which it is transferred; and\n\t(b)\tif the part is being transferred to another unit—the part will be held subject to any encumbrance registered over the whole of that unit.\n\t(5a)\tWhere part of the common property is, on the amendment of the strata plan by the Registrar-General, transferred to a unit, then—\n\t(a)\tthe part is discharged from any encumbrance (other than an easement or statutory encumbrance) registered over the common property; and\n\t(b)\tthe part will be held subject to any encumbrance registered over the whole of the unit.\n\t(6)\tWhere an amendment provides for—\n\t(a)\tthe division of a unit into two or more units; or\n\t(b)\tthe consolidation of two or more units into one unit,\nany unit created by the amendment will be held subject to any registered encumbrance shown on the certificate or certificates of title (unless an instrument providing for the discharge of the encumbrance is lodged with the Registrar-General).\n\t(7)\tAn application for the amendment of a deposited strata plan that effects the transfer of an interest in land is a conveyance.\n\t(8)\tIf, on amendment of a deposited strata plan, part, but not the whole, of an allotment within the meaning of Part 19AB of the Real Property Act 1886 is to be included in the site or land is to be removed from the site, the application under this section will be taken to be an application for division under Part 19AB of the Real Property Act 1886 as well as being an application under this section and accordingly—\n\t(a)\tboth this section and Part 19AB apply to and in relation to the application; and\n\t(b)\tif part of an allotment is to be included from outside the site, the application must be made jointly by the strata corporation and the registered proprietor of the allotment to be divided; and\n\t(c)\tthe Registrar-General may direct that a combined plan or two separate plans be lodged with the application.\n12A—Application may deal with statutory encumbrances\nDespite any other statutory provision to the contrary, the Registrar‑General may treat an application for amendment of a deposited strata plan under this Division as if it included an application for the variation or termination of a statutory encumbrance if—\n\t(a)\tthe application specifies that variation or termination of a statutory encumbrance is to be registered or noted; and\n\t(b)\tthe application is accompanied by—\n\t(i)\ta certificate signed by or on behalf of the holder of the statutory encumbrance certifying that the requirements of the Act under which the encumbrance was entered into, or is in force, as to the variation or termination of the statutory encumbrance (if any) have been complied with; and\n\t(ii)\tsuch other documentary material in relation to the statutory encumbrance as the Registrar‑General may require.\n13—Amendment by order of ERD Court\n\t(1)\tThe ERD Court may, on application under this section, order the amendment of a strata plan.\n\t(2)\tAn application may be made under this section by—\n\t(a)\tthe strata corporation; or\n\t(b)\ta unit holder; or\n\t(c)\tany other person who has a registered interest in a unit; or\n\t(d)\tan insurer of a unit or any of the common property.\n\t(3)\tSuch an application may only be made—\n\t(a)\tfor the purpose of correcting an error in the plan;\n\t(b)\tfor the purpose of varying the unit entitlements of the units;\n\t(c)\tfor the purpose of achieving amendments that have become desirable in view of damage to buildings within the strata scheme;\n\t(d)\tfor the purpose of achieving any other amendments that are desirable in the circumstances of the particular case.\n\t(3a)\tIf it appears to the ERD Court that the proposed amendment of the strata plan could adversely affect a person who is not a party to the proceedings, the ERD Court should not order the amendment unless the ERD Court is satisfied that the person has been notified of the possibility that such an order could be made and has been given a reasonable opportunity to make submissions to the Court in relation to the matter.\n\t(3b)\tIn determining an application under this section the ERD Court must have regard to the matters (if any) prescribed by regulation.\n\t(4)\tThe ERD Court may, on an application under this section, make—\n\t(a)\tan order for amendment of the strata plan;\n\t(b)\tany further orders that may be necessary to achieve justice between those affected by the amendment;\n\t(c)\tincidental or ancillary orders.\n\t(5)\tWhere an order for the amendment of a strata plan is made, the Registrar-General will, on lodgement of the order and any other documentary material the Registrar-General requires, amend the plan in accordance with the order.\n","sortOrder":4},{"sectionNumber":"Div 6","sectionType":"division","heading":"Amalgamation","content":"Division 6—Amalgamation\n16—Amalgamation of adjacent sites\n\t(1)\tWhere the sites comprised in two or more deposited strata plans are adjacent to each other, the strata plans may be amalgamated to form a single strata plan.\n\t(2)\tAn application for amalgamation—\n\t(a)\tmust be under the common seals of the strata corporations affected by the proposed amalgamation; and\n\t(b)\tmust be endorsed with a statement to the effect that the application is made in pursuance of unanimous resolutions duly passed at properly convened meetings of the strata corporations; and\n\t(c)\tmust be endorsed with the consent of all persons (other than unit holders) with registered interests in the units; and\n\t(d)\tmust be accompanied by—\n\t(i)\ta fresh strata plan prepared in accordance with this Act covering the proposed new site; and\n\t(ia)\ta certificate from a licensed valuer certifying that the schedule of unit entitlements annexed to the fresh strata plan is correct; and\n\t(iii)\tthe articles proposed for the corporation to be created by the proposed amalgamation (unless the articles are to be in accordance with Schedule 3); and\n\t(iv)\tsuch other documentary material as the Registrar-General may require.\n\t(3)\tIf the Registrar-General deposits the fresh strata plan in pursuance of an application under this section—\n\t(a)\tthe existing deposited strata plans will be cancelled and the fresh plan deposited in substitution for them;\n\t(b)\ta new number will be assigned to the fresh plan;\n\t(c)\tappropriate amendments will be made to the certificates for the units, or new certificates issued;\n\t(d)\ta new certificate will be issued for the common property;\n\t(e)\tthe existing strata corporations will be dissolved and a new strata corporation created;\n\t(f)\tthe assets and liabilities of the strata corporations will vest in or attach to the strata corporation created on deposit of the fresh plan.\n","sortOrder":5},{"sectionNumber":"Div 7","sectionType":"division","heading":"Cancellation of strata plan","content":"Division 7—Cancellation of strata plan\n17—Cancellation\n\t(1)\tA deposited strata plan may be cancelled—\n\t(a)\tby lodging an instrument of cancellation with the Registrar-General; or\n\t(b)\tby order of the ERD Court.\n\t(2)\tAn instrument of cancellation must be under the seal of the strata corporation and endorsed with the approval of—\n\t(a)\tall unit holders;\n\t(b)\tall other persons with registered interests in a unit or the common property.\n\t(3)\tAn instrument of cancellation must be accompanied by—\n\t(b)\tsuch other documentary material as the Registrar-General may require.\n\t(4)\tAn application for an order of the ERD Court cancelling a strata plan may be made by—\n\t(a)\tthe strata corporation;\n\t(b)\ta unit holder;\n\t(c)\tany other person who has a registered interest in a unit.\n\t(4a)\tIf it appears to the ERD Court that the proposed cancellation of the strata plan could adversely affect a person who is not a party to the proceedings, the ERD Court should not order the cancellation unless the ERD Court is satisfied that the person has been notified of the possibility that such an order could be made and has been given a reasonable opportunity to make submissions to the Court in relation to the matter.\n\t(4b)\tIn determining an application under this section the ERD Court must have regard to the matters (if any) prescribed by regulation.\n\t(5)\tIf the ERD Court makes an order for the cancellation of a strata plan, the strata corporation must lodge with the Registrar‑General a copy of the order together with an application to note the order.\n\t(6)\tThe Registrar-General must, if satisfied that all terms of the order that are to be complied with before the cancellation of the plan (if any) have been complied with, cancel the strata plan by making an endorsement to that effect on the strata plan and making a note of the cancellation in the Register Book on every certificate affected by the cancellation.\n\t(7)\tOn cancellation of a strata plan—\n\t(a)\tall land comprised in the plan (other than land vested in the council) vests in fee simple in the former registered proprietors of the units as tenants in common in proportions fixed by reference to the unit entitlements of their respective units;\n\t(b)\tthe strata corporation is dissolved;\n\t(c)\tthe liabilities of the former strata corporation will attach directly to the former registered proprietors jointly and severally (but they will be entitled to contribution amongst each other in proportions determined by reference to the unit entitlements of the former units);\n\t(d)\tsubject to any order of the ERD Court, the assets of the former strata corporation will be divided between the former registered proprietors in proportions determined by reference to the unit entitlements of the former units.\n\t(7a)\tThe estate vested in a former registered proprietor of a unit under subsection (7)(a) will be subject to—\n\t(a)\tany estate or interest that was, immediately prior to the cancellation of the strata plan, entered on the certificate of his or her unit; and\n\t(b)\tat the request of the registered proprietor of the servient tenement and the dominant tenement (if any)—any easement that was discharged when the strata plan was originally deposited in the Lands Titles Registration Office.\n\t(8)\tFor the purposes of subsection (7), the former registered proprietor of a unit is the person who was the registered proprietor of the unit immediately before the cancellation of the plan.\n\t(9)\tOn cancellation of a deposited strata plan, the site becomes an allotment for the purposes of Part 19AB of the Real Property Act 1886 but if that land had been comprised of two or more allotments before division under this Act those allotments are not revived.\n","sortOrder":6},{"sectionNumber":"Div 7A","sectionType":"division","heading":"Division of site under Part 19AB","content":"Division 7A—Division of site under Part 19AB\n17AAA—Application for division\n\t(1)\tA strata corporation may apply to the Registrar-General for the division of the site under Part 19AB of the Real Property Act 1886 and for that purpose the site will be taken to be an allotment within the meaning of Part 19AB and the strata corporation will be taken to be the registered proprietor of the site.\n\t(2)\tThe plan of division lodged with the application must be endorsed with the consent of the owners of the units comprising the site as well as the consents of the other persons required by Part 19AB Division 2 of the Real Property Act 1886.\n\t(3)\tOn deposit of the plan of division under Part 19AB the strata plan is cancelled, the strata corporation is dissolved and—\n\t(a)\tthe liabilities of the former corporation attach directly to the owners of the former units jointly and severally (but they will be entitled to contribution amongst each other in proportions determined by reference to the unit entitlements of the former units);\n\t(b)\tthe assets of the former strata corporation (excluding the common property) will be divided between the owners of the former units in proportions determined by reference to the unit entitlements of the former units.\n\t(4)\tThe cancellation of a strata plan on the deposit of a plan of division under Part 19AB revokes the articles of the strata corporation.\n\t(5)\tIf, on the division of a site under this Division, the land comprising the former site is transferred to the owners of the former units in the same shares as if the strata plan had been cancelled under Division 7, no duty is payable under the Stamp Duties Act 1923 in respect of the transfer.\n17A—Procedure where the whereabouts of certain persons is unknown\n\t(1)\tWhere—\n\t(a)\tapplication is made to the Registrar-General under Division 4; and\n\t(b)\ta person's consent to the application, or in respect to some other related matter under the relevant Division, is required; and\n\t(c)\tthe Registrar-General is satisfied by such evidence as the Registrar-General may require—\n\t(i)\tthat the applicant has been unable, after making reasonable inquiries, to ascertain the whereabouts of the person; and\n\t(ii)\tthat the applicant has complied with the notice requirements under subsection (2); and\n\t(iii)\tthat at least 28 days have elapsed since the applicant complied with those requirements; and\n\t(iv)\tthat no objection has been lodged by the person; and\n\t(d)\tthe Registrar-General determines (in his or her absolute discretion) that it is reasonable to proceed without the consent,\nthe person will be taken to have given his or her consent.\n\t(2)\tThe notice requirements referred to in subsection (1)(c)(ii) are that the applicant has—\n\t(a)\tposted to the person whose consent is required, at the last address of the person appearing in the Register Book, a notice containing the prescribed information; and\n\t(b)\tpublished a copy of the notice in a newspaper circulating generally throughout the State; and\n\t(c)\tin a case involving an encroachment, left a copy of the notice in a conspicuous place on or near the land over which the encroachment has occurred.\n17B—Creation of easements\n\t(1)\tWhere it appears that land within a site is intended to be the dominant or servient tenement of an easement created on the deposit or amendment of a strata plan, the applicant for the deposit or amendment of the plan must lodge with the Registrar-General an instrument, in a form approved by the Registrar-General—\n\t(a)\tdescribing the land (if any) to which the easement will be appurtenant; and\n\t(b)\tdescribing the land that will be subject to the easement; and\n\t(c)\tsetting out the terms of the easement.\n\t(2)\tThe instrument referred to in subsection (1) must be executed by the registered proprietor of the land that will be subject to the easement and—\n\t(a)\twhere the easement will be appurtenant to land—the registered proprietor of that land; or\n\t(b)\twhere the easement will not be appurtenant to any land—the person who will be entitled to exercise rights conferred by the easement.\n\t(3)\tOn the deposit or amendment of the strata plan (as the case may be), the easement vests in—\n\t(a)\twhere the easement will be appurtenant to land—the registered proprietor of that land; or\n\t(b)\twhere the easement will not be appurtenant to any land—the person who will be entitled to exercise rights conferred by the easement.\n","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"The strata corporation","content":"Part 3—The strata corporation\nDivision 1—Constitution of strata corporation\n18—Name of strata corporation\n\t(1)\tThe name of a strata corporation is \"Strata Corporation No.                      Incorporated\" (the number being the number of the deposited strata plan).\n\t(2)\tThe abbreviation \"Inc.\" may be used in place of the word \"Incorporated\".\n\t(3)\tThe strata corporation must have a common seal bearing its name.\n\t(4)\tAll the unit holders of the units are members of the strata corporation.\n19—Articles of strata corporation\n\t(1)\tSubject to this section, the articles of a strata corporation will be as set out in Schedule 3.\n\t(2)\tA strata corporation may by special resolution—\n\t(a)\tadopt articles in substitution for those set out in Schedule 3; or\n\t(b)\trevoke or vary articles previously so adopted.\n\t(3)\tA resolution under subsection (2) has no effect until a copy of the resolution certified in the prescribed manner and accompanied (where appropriate) by the substituted articles, or the variation to the articles, is lodged with the Registrar-General.\n\t(3a)\tThe articles of a strata corporation may impose a penalty, not exceeding the prescribed amount, for contravention of, or failure to comply with, any articles.\n\t(3b)\tThe following provisions apply in relation to a penalty imposed on a person for contravention of, or failure to comply with, articles:\n\t(a)\tthe penalty is (despite section 29 of the Acts Interpretation Act 1915) payable to the strata corporation in accordance with this subsection;\n\t(b)\tsubject to the making of an application under paragraph (e), the penalty is payable by the person on the date specified for payment in a notice served by the corporation on the person;\n\t(c)\tthe notice must—\n\t(i)\tbe in writing in the form prescribed by regulation; and\n\t(ii)\tspecify the amount of the penalty payable and a date for payment (being not less than 60 days after the notice is served);\n\t(d)\tthe penalty payable under the notice is recoverable by the strata corporation as a debt and, in the case of a notice served on a unit holder, may be recovered by the strata corporation as if it were a contribution payable to the strata corporation under section 27 (and interest will be payable on the penalty amount in the same way as if it were such a contribution);\n\t(e)\tthe person may, within 60 days after service of the notice, apply to the Magistrates Court for revocation of the notice and the Court must grant the application if either—\n\t(i)\tthe Court is not satisfied that the person committed the contravention or failure alleged in the notice; or\n\t(ii)\tthe Court is satisfied that the contravention or failure alleged in the notice is trifling;\n\t(f)\tthe strata corporation is a party to an application under paragraph (e) and bears the onus of proving, on the balance of probabilities, that the person committed the contravention, or failure alleged in the notice;\n\t(g)\tif an application is made in accordance with paragraph (e), the penalty specified in the notice is not payable unless the application for revocation is withdrawn or otherwise discontinued by the applicant or is dismissed or refused by the Court (and, in such a case, the penalty will be payable on the date on which the application is so withdrawn, discontinued, dismissed or refused or on the date for payment specified in the notice, whichever occurs later).\n\t(3c)\tA person's contravention of, or failure to comply with, articles will, for the purposes of this section, be regarded as trifling if, and only if, the person establishes that the circumstances surrounding the commission of the contravention or failure were such that he or she ought to be excused from the imposition of a penalty on the ground that—\n\t(a)\tthere were compelling humanitarian or safety reasons for the conduct that allegedly constituted the contravention or failure; or\n\t(b)\tthe person could not, in all the circumstances, reasonably have averted committing the contravention or failure; or\n\t(c)\tthe conduct allegedly constituting the contravention or failure was merely a technical, trivial or petty instance of a contravention of or failure to comply with the relevant articles.\n\t(3d)\tThe regulations may make further provision in relation to enforcement of the articles of a strata corporation.\n\t(4)\tThe articles of a strata corporation cannot—\n\t(a)\tprevent or restrict alienation of a unit by a unit holder; or\n\t(b)\tprevent or restrict a unit holder from leasing or granting rights of occupation in respect of a unit; or\n\t(c)\tprevent an occupier of a unit who has a disability from keeping a relevant animal at the unit, or restrict the use of a relevant animal by the occupier if the relevant animal is trained to assist the occupier in respect of the disability; or\n\t(d)\tprevent a visitor to a unit who has a disability from using a relevant animal trained to assist the visitor in respect of the disability.\n\t(5)\tIn this section—\nprescribed amount, in relation to a penalty imposed under articles of a strata corporation, means—\n\t(a)\tif the strata scheme only includes units that are used, or are intended to be used, solely or predominantly for business or commercial purposes—$2 000; or\n\t(b)\tin any other case—$500.\n19A—Certain articles may be struck out by Court\n\t(1)\tAny articles that—\n\t(a)\treduce the value of a unit; or\n\t(b)\tunfairly discriminate against a unit holder,\nmay be struck out by order of the Magistrates Court or the District Court on an application made under Part 3A.\n\t(2)\tAn application referred to in subsection (1) can only be made by a person who was a unit holder when the articles came into force and must be made within 3 months after the person (or either or any of the unit holders where the unit is held by 2 or more persons) first knew, or could reasonably be expected to have known, that the articles had been made.\n\t(3)\tFor the purposes of this section, a reference to a unit holder includes a person who has contracted to purchase the unit.\n20—Binding character of the articles\n\t(1)\tThe articles of a strata corporation are binding on—\n\t(a)\tthe corporation; and\n\t(b)\tthe unit holders; and\n\t(c)\tinsofar as they affect the use of units or the common property—occupiers of units who are not unit holders.\n\t(2)\tA unit holder or mortgagee in possession of a unit must take reasonable steps to ensure that an occupier of the unit who is not a unit holder complies with the articles of the strata corporation.\n21—Unit holders are guarantors of strata corporation's liabilities\n\t(1)\tIf a strata corporation defaults in payment of a pecuniary liability, the liability is enforceable against the unit holders jointly and severally.\n\t(2)\tThe unit holders have amongst themselves a right of contribution determined by reference to the respective unit entitlements of the various units.\n22—Restriction of payment by strata corporation to its members\n\t(1)\tExcept as authorised by or under this Act, or by order of the Court, a strata corporation must not make any payment to any of its members.\n\t(2)\tSubsection (1) does not prevent—\n\t(a)\treasonable payments to a member for services provided to the strata corporation by that member;\n\t(b)\tthe reimbursement of costs or expenses incurred by a member on behalf of the strata corporation.\n23—Officers of strata corporation\n\t(1)\tA strata corporation must have the following officers:\n\t(a)\ta presiding officer (to preside at meetings of the corporation); and\n\t(b)\ta secretary; and\n\t(c)\ta treasurer.\n\t(1a)\tUnless all of the units comprised in the strata scheme consist of non-residential premises, the officers of a strata corporation must be unit holders.\n\t(2)\tAny two or more of the above offices may be held simultaneously by the same person.\n\t(3)\tUntil the first appointments are made to the above offices, they will be held by the original proprietor (or, if the original proprietor is a body corporate, by its nominee or in the absence of a nominee, by its secretary).\n\t(4)\tAppointments to the above offices must be made by the strata corporation at a general meeting of the corporation.\n\t(5)\tA strata corporation must not allow any of the above offices to remain vacant for more than six months.\n\t(6)\tA strata corporation may appoint or engage a person to assist any person appointed under this section as an officer of the corporation.\n24—Contractual formalities\nA strata corporation contracts as follows:\n\t(a)\ta contract may be entered into under the common seal of the corporation; or\n\t(b)\ta contract may be entered into by an officer or agent authorised by the corporation to enter into the contract on its behalf.\n","sortOrder":8},{"sectionNumber":"Div 2","sectionType":"division","heading":"General functions, powers and duties","content":"Division 2—General functions, powers and duties\n25—Functions\nThe functions of the strata corporation are as follows:\n\t(a)\tto administer and maintain the common property for the benefit of the unit holders and, to such extent as may be appropriate, other members of the strata community; and\n\t(b)\tto administer all other property of the corporation; and\n\t(c)\tto enforce the articles of the corporation.\n26—General powers\n\t(1)\tFor the purpose of carrying out its functions, a strata corporation may—\n\t(a)\tacquire, deal with and dispose of real and personal property (including an interest in a unit) and rights in relation to real and personal property;\n\t(b)\tborrow money and obtain other forms of financial accommodation;\n\t(c)\topen and maintain accounts at ADIs;\n\t(d)\tinvest money not immediately required for its purposes—\n\t(i)\tin investments in which trustees are authorised by statute to invest trust funds; or\n\t(ii)\tin any prescribed investment;\n\t(e)\tenter into any kind of contract or arrangement;\n\t(f)\tdo anything reasonably incidental to its functions under this Act.\n\t(2)\tA strata corporation cannot acquire property unless—\n\t(a)\tthe property is reasonably required for the purposes of the corporation or for the use or benefit of the strata community;\n\t(b)\tin the case of real property, the property is a unit within the site or is adjacent to the site.\n\t(3)\tA strata corporation cannot acquire, deal with or dispose of real property unless authorised by unanimous resolution of the corporation.\n\t(4)\tThe strata corporation may, if authorised to do so by unanimous resolution of the corporation, grant to a unit holder an exclusive right to occupy part of the common property for a specified period.\n\t(5)\tA strata corporation may only dispose of real property that has been held as common property if the property no longer forms part of the site.\n\t(6)\tIf a strata corporation sells real property, any money received in respect of the sale must, after paying the costs of the sale and any associated expenses, be paid into the funds of the corporation and used to meet any outstanding administrative expenses or other liabilities of the corporation and any remaining balance may then, by unanimous resolution of the corporation, be divided between the unit holders in proportion to the unit entitlements of their respective units.\n26A—Delegation of functions or powers\nA strata corporation can only delegate its functions or powers to the extent permitted by Division 2A.\n27—Power to raise money\n\t(1)\tA strata corporation may raise such funds (including reserve funds for future expenditure of a capital nature) as it thinks necessary.\n\t(2)\tFor the purpose of raising funds the strata corporation may, by ordinary resolution, levy contributions against all unit holders.\n\t(3)\tThe contributions—\n\t(a)\twill be proportional to the unit entitlements of the various units; or\n\t(b)\twill be determined on such other basis as the strata corporation decides by unanimous resolution.\n\t(4)\tA strata corporation may, by ordinary resolution—\n\t(a)\tpermit contributions to be paid in instalments specified in the resolution; and\n\t(b)\tfix (in accordance with the regulations) interest payable in respect of a contribution, or an instalment of a contribution, that is in arrears.\n\t(5)\tThe strata corporation may recover an unpaid contribution (and interest on any such contribution), as a debt, from the unit holder of the unit in respect of which the contribution is payable (whether or not that person was the unit holder when the liability arose).\n\t(6)\tIf the strata corporation carries out work that wholly or substantially benefits a particular unit or group of units, the corporation may, subject to any agreement to the contrary, recover the cost of that work as a debt from the unit holder or unit holders of the unit or units.\n\t(7)\tWhere the cost referred to in subsection (6) is recoverable from two or more unit holders, the extent of their liability will be proportioned according to the unit entitlements of their respective units.\n\t(8)\tAn amount paid by a person under this section is not recoverable by the person from the strata corporation when he or she ceases to be a unit holder.\n","sortOrder":9},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Delegations by strata corporation","content":"Division 2A—Delegations by strata corporation\n27A—Delegation of corporation's functions and powers\n\t(1)\tA strata corporation may delegate any of its functions and powers (except this power of delegation) to a member or employee of the corporation.\n\t(2)\tA strata corporation may delegate the following functions and powers to any person:\n\t(a)\tthe receipt and holding of money and other personal property on behalf of the corporation;\n\t(b)\tpayment of money on behalf of the corporation;\n\t(c)\tthe preparation of statements of expenditure and proposed expenditure and statements of accounts;\n\t(d)\tthe collection of money due to the corporation;\n\t(e)\tentering into contracts of insurance with insurers on behalf of the corporation;\n\t(f)\tmaintaining and keeping records on behalf of the corporation;\n\t(g)\tissuing and signing notices on behalf of the corporation;\n\t(h)\tpreparing minutes of meetings of the corporation;\n\t(i)\tproviding information as required by the Act on behalf of the corporation;\n\t(j)\tinvesting money on behalf of the corporation;\n\t(k)\tarranging for the maintenance and repair of the common property on behalf of the corporation.\n\t(3)\tA delegation by a strata corporation is to be made by ordinary resolution of the strata corporation.\n\t(4)\tHowever, a strata corporation cannot delegate a function or power under subsection (1) or (2) if the function or power is of a kind that can only be performed or exercised by the corporation by passing a special or unanimous resolution.\n\t(5)\tA delegation by a strata corporation—\n\t(a)\tmay be absolute or conditional; and\n\t(b)\tdoes not derogate from the power of the corporation to act in any matter; and\n\t(c)\tis—\n\t(i)\tin a case where there is a contract relating to the delegation between the corporation and a body corporate manager—revoked on termination or expiry of the contract; or\n\t(ii)\tin any other case—revocable by the corporation at any time by notice given in writing (notwithstanding any agreement to the contrary by the corporation).\n27B—Body corporate managers\n\t(1)\tThis section applies to a delegation of functions or powers by a strata corporation if—\n\t(a)\tthe delegation is made to a person (the body corporate manager) who carries on a business, or is an employee in a business, that consists of, or includes, acting as a delegate of strata corporations or of community corporations under the Community Titles Act 1996; and\n\t(b)\tthe delegation is made after the commencement of this section or a contract, between the body corporate manager and the corporation, relating to the delegation is made, renewed or extended after the commencement of this section; and\n\t(c)\tit is proposed that the body corporate manager be remunerated in respect of work performed in exercising the delegated functions or powers. \n\t(2)\tA body corporate manager is only entitled to receive remuneration in respect of work performed in exercising functions or powers under a delegation to which this section applies if—\n\t(a)\tthe body corporate manager and the strata corporation enter into a contract in compliance with subsections (3) and (8); and\n\t(b)\tthe body corporate manager, prior to entering into the contract referred to in paragraph (a), provided the strata corporation with documents of a kind prescribed by regulation verifying the body corporate manager's entitlement to act as a body corporate manager and any other prescribed matter; and\n\t(c)\tthe body corporate manager, whilst performing such work, maintains professional indemnity insurance complying with the requirements prescribed by the regulations,\n(and if a body corporate manager has received, from a strata corporation, remuneration to which he or she is not entitled under this subsection, the strata corporation may recover the amount of the remuneration as a debt).\n\t(3)\tThe contract must—\n\t(a)\tbe in writing; and\n\t(b)\tspecify the term of the contract; and\n\t(c)\tset out the functions or powers to be delegated; and\n\t(d)\tspecify the rights of the strata corporation under subsection (4); and\n\t(e)\tset out the remuneration payable to the body corporate manager in respect of the work performed in exercising the delegated functions or powers, or set out the basis on which such remuneration is to be calculated; and\n\t(f)\tcontain any other particulars required by the regulations; and\n\t(g)\thave annexed to it a copy of each document provided by the body corporate manager in accordance with subsection (2)(b).\n\t(4)\tWhere—\n\t(a)\tthere is a contract (other than a contract that is for a period of 12 months or less) in force between a strata corporation and a body corporate manager; and\n\t(b)\tthe strata corporation has had relevant contractual arrangements with the body corporate manager for a continuous period of at least 12 months,\nthe strata corporation may terminate the contract by written notice given to the body corporate manager at least 28 days (or a lesser period specified in the contract) before the termination of the contract is to come into effect.\n\t(5)\tFor the purposes of subsection (4)(a), the period of a contract is the term of the contract disregarding any renewal period that may occur at the end of that term unless the renewal occurs at the option of the body corporate manager (in which case the period of the contract will be taken to include the period of the renewal).\n\t(6)\tThe right of a strata corporation to terminate a contract under subsection (4) is in addition to, and does not derogate from, any other right of the strata corporation to terminate the contract.\n\t(7)\tA decision to terminate a contract in accordance with subsection (4) is to be made by ordinary resolution of the strata corporation.\n\t(8)\tThe body corporate manager must ensure that a copy of the contract, and any other prescribed information or document of a kind prescribed by regulation is available for inspection by unit holders at least 5 clear days before the date of the meeting at which the corporation is to consider whether or not to enter into the contract.\n\t(9)\tThe body corporate manager must, at the request of any member of the corporation, make a copy of the body corporate manager's policy of professional indemnity insurance available for inspection and copying by the member within 3 business days of the request.\n\t(10)\tThe Minister may, by notice in the Gazette, exempt body corporate managers from compliance with subsection (2)(c) for such period as the Minister thinks fit.\n\t(11)\tAn exemption granted by the Minister under subsection (10)—\n\t(a)\tmay be subject to conditions specified in the notice of exemption; and\n\t(b)\tmay be varied or revoked by the Minister at any time by subsequent notice in the Gazette.\n\t(12)\tIn this section—\nrelevant contractual arrangements mean contractual arrangements relating to a delegation of functions or powers by a strata corporation to a body corporate manager.\n27C—General duties\n\t(1)\tFor the avoidance of doubt—\n\t(a)\tthe body corporate manager stands in a fiduciary relationship with the strata corporation; and\n\t(b)\tthe duties owed by the body corporate manager under this Act are in addition to, and do not derogate from, the duties arising out of that fiduciary relationship.\n\t(2)\tWithout derogating from subsection (1), a body corporate manager—\n\t(a)\tmust act honestly and in good faith in the performance of the manager's functions; and\n\t(b)\tmust exercise due care and diligence in the performance of the manager's functions; and\n\t(c)\tmust not make improper use of the manager's position to gain, directly or indirectly, an advantage personally or for any other person.\n27D—Offences\n\t(1)\tA delegate of a strata corporation who has a direct or indirect pecuniary interest in a matter in relation to which he or she proposes to perform delegated functions or powers must disclose the nature of the interest, in writing, to the corporation before performing the functions or powers.\nExample—\nFor example, if the delegate would receive a commission from a person for placing business of the strata corporation with that person, it would be an offence to fail to disclose that fact before placing business with the person. Similarly, if the delegate were to profit by placing business of the strata corporation with a related body corporate, it would be an offence to fail to disclose that fact before placing business with the related body corporate.\n\t(2)\tIf an employee or agent of a delegate has a direct or indirect pecuniary interest in a matter, the delegate is, for the purposes of subsection (1), taken to have a direct or indirect pecuniary interest in the matter.\n\t(3)\tA delegate who is a unit holder is not obliged by subsection (1) to disclose an interest that he or she has in common with all of the unit holders.\n\t(4)\tIt is a defence to a charge of an offence against subsection (1) for the defendant to prove that he or she did not know and could not reasonably have been expected to know of his or her interest in the matter.\n\t(5)\tA delegate of a strata corporation must, on application by a unit holder, provide the applicant, on a quarterly basis, with a statement setting out details of dealings by the delegate with the corporation's money (and must continue to so provide the statements until the applicant ceases to be a unit holder or revokes the application).\nMaximum penalty: $500.\n\t(6)\tIf all delegations by a strata corporation to a delegate are revoked, the delegate must return to, or make available for collection by, the corporation—\n\t(a)\tall records of the corporation held by the delegate; and\n\t(b)\tall trust money held pursuant to the delegations,\nin accordance with any requirements prescribed by the regulations.\n\t(7)\tA delegate of a strata corporation who holds records of the corporation must, at the request of any unit holder—\n\t(a)\tmake those records available for the unit holder to inspect within 10 business days of the request; and\n\t(b)\tprovide the unit holder with a copy of any of the records on payment of a fee (not exceeding a fee calculated in accordance with the regulations).\nDivision 3—Special powers of strata corporation to maintain the integrity of the strata scheme\n28—Power to enforce duties of maintenance and repair\n\t(1)\tA strata corporation may, by notice in writing to a unit holder, require the unit holder—\n\t(a)\tto carry out specified work in pursuance of a duty of maintenance or repair imposed on the unit holder by the articles;\n\t(b)\tto carry out specified work to remedy a breach of this Act or the articles on the part of the unit holder, a former unit holder, or an occupier or former occupier of the unit;\n\t(c)\tto carry out specified work required to be carried out on the unit by a public authority or council.\n\t(2)\tIf the unit holder does not comply with a requirement imposed under this section within the time allowed in the notice, a person or persons authorised by the strata corporation may (using such force as may be reasonably necessary in the circumstances) enter the unit and carry out the specified work.\n\t(3)\tA power of entry must not be exercised under subsection (2) unless the unit holder and the occupier of the unit have been given at least 2 days notice in writing of the proposed entry.\n\t(3a)\tDespite any other provision of this section, an officer of a strata corporation or a person or persons authorised by a strata corporation may, if satisfied that urgent action is necessary to avert a risk of death or injury or significant damage to property, enter a unit (using such force as may be reasonably necessary in the circumstances) and carry out such work as is reasonably necessary to deal with the risk.\n\t(3b)\tA person proposing to enter a unit in accordance with subsection (3a) must give such notice (if any) to the unit holder and the occupier of the unit as he or she considers reasonable in the circumstances.\n\t(4)\tAny cost reasonably incurred by the strata corporation in having work carried out under this section may be recovered as a debt from the unit holder.\n\t(5)\tWhere—\n\t(a)\tthe strata corporation recovers costs from a unit holder under subsection (4); and\n\t(b)\tthe circumstances out of which the work was required are attributable to the act or default of another person,\nthe unit holder may in turn recover those costs from that other person as a debt.\n29—Alterations and additions\n\t(1)\tSubject to subsection (1a), a person must not carry out prescribed work in relation to a unit unless the person is authorised to do so—\n\t(a)\twhere all of the units comprised in the strata scheme consist of non-residential premises—under the articles of the strata corporation; or\n\t(b)\tin any case—by special resolution of the strata corporation.\n\t(1a)\tSubsection (1) does not apply to—\n\t(a)\tprescribed work carried out in compliance with a direction under section 23 of the Housing Improvement Act 1940; or\n\t(b)\tprescribed work carried out on a unit in a strata scheme consisting only of 2 units if the work is approved development under the Planning, Development and Infrastructure Act 2016.\n\t(1b)\tWhere a person carries out prescribed work referred to in subsection (1a)(b), the strata corporation may, by notice in writing to the owner of the unit, require the owner to carry out, within a reasonable period fixed in the notice, specified work to remedy any structural deficiency caused by the work.\n\t(2)\tWhere a person acts in contravention of subsection (1), the strata corporation may, by notice in writing to the unit holder, require him or her to carry out, within a reasonable period fixed in the notice, specified work—\n\t(a)\tto remedy any structural deficiency caused by the work; or\n\t(b)\tto restore the unit to its previous state.\n\t(6)\tIn this section—\nprescribed work in relation to a unit means—\n\t(a)\tthe erection, alteration, demolition or removal of a building or structure;\n\t(b)\tthe alteration of the external appearance of a building or structure.\nDivision 4—Duty to insure\n29A—Application of Division\nThis Division does not apply to a strata corporation if all units comprised in the strata scheme are held by the same registered proprietor and no unit comprised in the strata scheme is subject to a contract for sale.\n30—Duty to insure\n\t(1)\tA strata corporation must keep all buildings and building improvements on the site insured to their replacement value.\n\t(2)\tThe replacement value of buildings and building improvements is the cost of their complete replacement including the cost of any necessary preliminary demolition work, any necessary surveying, architectural or engineering work and any other associated or incidental costs.\n\t(3)\tThe insurance must be against—\n\t(a)\trisks of damage caused by events (other than subsidence) declared to be prescribed events in relation to home building insurance under Part 5 of the Insurance Contracts Act 1984 of the Commonwealth; and\n\t(b)\trisks against which insurance is required by the regulations.\n\t(4)\tAny money to which a strata corporation is entitled under a contract of insurance in relation to damage to buildings or building improvements must, subject to any contrary order of the Court, be applied by it in reinstating or repairing those buildings or building improvements.\n31—Other insurance by strata corporation\n\t(1)\tA strata corporation must keep itself insured against liability in tort.\n\t(2)\tThe insurance cover must be for at least $5 000 000 or such greater amount as the regulations may prescribe.\n\t(2a)\tA strata corporation (other than a corporation of a kind prescribed by regulation) must maintain fidelity guarantee insurance complying with the requirements prescribed by the regulations.\n\t(2b)\tThe Minister may, by notice in the Gazette, exempt strata corporations from compliance with subsection (2a) for such period as the Minister thinks fit.\n\t(2c)\tAn exemption granted by the Minister—\n\t(a)\tmay be subject to conditions specified in the notice of exemption; and\n\t(b)\tmay be varied or revoked by the Minister at any time by subsequent notice in the Gazette.\n\t(3)\tA strata corporation must keep itself insured against any other liability—\n\t(a)\tdetermined by special resolution of the corporation; or\n\t(b)\tprescribed by the regulations.\n32—Right of unit holders etc to satisfy themselves as to insurance\n\t(1)\tA strata corporation must, within 5 business days after the making of a request by a unit holder, a mortgagee of a unit or a prospective purchaser or mortgagee of a unit, produce for inspection all current policies of insurance taken out by the corporation.\n\t(2)\tA request under subsection (1) may be addressed to the secretary.\n","sortOrder":10},{"sectionNumber":"Div 5","sectionType":"division","heading":"General meetings","content":"Division 5—General meetings\n33—Holding of general meetings\n\t(1)\tA strata corporation may hold a meeting of its members (a general meeting) at any time.\n\t(2)\tSuch a meeting may be convened by—\n\t(a)\tthe secretary; or\n\t(b)\tif the corporation has a management committee—any two members of the committee; or\n\t(c)\tthe unit holders of one-fifth or more of the total number of units; or\n\t(d)\tin the case of the first such meeting—the original registered proprietor; or\n\t(e)\torder of the Magistrates Court (made on the application of a person of a class specified in section 41AA).\n\t(3)\tA meeting is convened by giving written notice of the day, time and place of the meeting to all unit holders at least 14 days before the date of the meeting.\n\t(3aa)\tA unit holder may not nominate another person to be given notices referred to in subsection (3) on his or her behalf (although nothing prevents the strata corporation from agreeing to provide notices to such a person in addition to the unit holder).\n\t(3a)\tA person or group of persons proposing to convene a meeting of the members of a strata corporation should take reasonable steps to ensure that the proposed day, time and place are reasonably convenient to a majority of members of the corporation.\n\t(4)\tThe corporation must hold at least one such meeting (the annual general meeting) in every calendar year and no more than 15 months after the last such meeting.\n\t(4a)\tThe notice convening a general meeting must set out the agenda for the meeting.\n\t(4b)\tThe agenda must include—\n\t(a)\tthe text of any unanimous or special resolutions to be moved at the meeting; and\n\t(b)\ta motion confirming the minutes of the previous general meeting; and\n\t(c)\tin the case of an annual general meeting—\n\t(i)\tpresentation of the accounts for the previous accounting period; and\n\t(ii)\tcontributions to be paid by members for the current accounting period; and\n\t(iii)\tpresentation of statements required under section 33A; and\n\t(iv)\tpresentation of copies of all insurance policies required under this Act; and\n\t(v)\tsuch other matters as are required by regulation.\n\t(5)\tSubject to subsection (6), no business may be transacted at a general meeting of the corporation unless a quorum, consisting of persons entitled to exercise the voting power in respect of not less than one-half of the units, is present at the time when the meeting proceeds to business.\n\t(6)\tIf a quorum is not formed within half an hour of the time appointed for a general meeting of the corporation—\n\t(a)\tthe unit holders present must appoint another day for the meeting, being a day at least seven days but not more than 14 days away; and\n\t(b)\tthe meeting then stands adjourned to that day at the same place and time; and\n\t(c)\tif the quorum is not formed at the adjourned meeting within half an hour of the relevant time, the persons who are present and entitled to vote constitute a quorum.\n\t(7)\tWhere a meeting of the corporation is adjourned under subsection (6), the secretary of the corporation must cause reasonable notice of the day, place and time of the adjourned meeting to be given, in writing, to the unit holders.\n\t(8)\tSubject to subsection (9), in the absence of the presiding officer, a person present may be appointed to preside at the meeting by the persons present and entitled to vote at the meeting.\n\t(9)\tA person who is a body corporate manager in relation to a corporation, or is an employee of such a body corporate manager, may preside at a meeting of the corporation if a majority of the persons present and entitled to vote at the meeting agree to that person presiding (and the body corporate manager or employer is taken not to be entitled to vote for that purpose except in circumstances prescribed by the regulations).\n\t(10)\tThe regulations may make further provision in relation to the procedures to be followed at a meeting at which a body corporate manager, or an employee of a body corporate manager, is to preside.\n\t(11)\tA unit holder may, in accordance with any requirements prescribed by regulation, attend, and vote, at a meeting by telephone, video‑link, Internet connection or any similar means of remote communication (provided that no obligation lies on a strata corporation to provide such facilities to unit holders who wish to attend or vote in such a manner).\n\t(12)\tIn this section—\naccounting period, for a strata corporation, means the accounting period for the corporation under section 40(2). \n33A—Statement of expenditure etc\n\t(1)\tA statement setting out the following information must be presented by a strata corporation to each annual general meeting of the corporation:\n\t(a)\tproposed expenditure (other than recurrent expenditure) for the period prescribed by the regulations for the purposes of this paragraph (which must not exceed 5 years);\n\t(b)\tthe estimated expenditure of a recurrent nature and the estimated expenditure of a non‑recurrent nature to be made by the corporation in the current financial year;\n\t(c)\tthe estimated expenditure in future years for which funds should be raised now and held in reserve;\n\t(d)\tthe amount to be raised by way of contributions from unit holders to cover the expenditure referred to in paragraphs (b) and (c).\n\t(2)\tNew information must be prepared for the purposes of subsection (1)(a) at the times prescribed by regulation.\n\t(3)\tA statement presented to a meeting in accordance with this section forms part of the minutes of the meeting.\n\t(4)\tThe regulations may exclude a strata corporation of a specified class from the operation of subsections (1)(a) and (2).\n\t(5)\tIn this section—\nrecurrent, in relation to expenditure, means expenditure for a particular purpose that is normally made every year or more frequently.\n34—Voting at general meetings\n\t(1)\tSubject to this section, at a general meeting of a strata corporation, one vote may be exercised in respect of each unit on any matter arising for decision.\n\t(2)\tIf—\n\t(a)\tall of the units comprised in the strata scheme consist of non-residential premises; and\n\t(b)\tthe strata corporation has, by unanimous resolution, decided to adopt the voting system provided by this subsection,\nthen a number of votes is exercisable in respect of each unit equivalent to the unit entitlement of the unit.\n\t(2a)\tA unit holder may nominate another person (a proxy) to attend and vote at meetings on his or her behalf.\n\t(3)\tA vote may be exercised as follows:\n\t(a)\tit may be exercised (subject to paragraph (b)) by the unit holder or a proxy of the unit holder;\n\t(b)\tif there are two or more unit holders in respect of the same unit, the following provisions apply:\n\t(i)\tif only one attends the meeting—the vote is exercisable by that unit holder;\n\t(ii)\tif two or more attend the meeting—the vote is exercisable by one of them on behalf of all in accordance with an agreement between them or, if there is no such agreement, by the unit holder whose name appears first on the certificate of title for the unit.\n\t(3a)\tThe nomination of a person as a proxy of a unit holder—\n\t(a)\tmust—\n\t(i)\tbe made by written notice to the secretary of the strata corporation; and\n\t(ii)\tspecify whether the nominated person—\n\t(A)\tis nominated to attend and vote at all meetings, and in relation to all matters, on behalf of the unit holder; or\n\t(B)\tis nominated to attend and vote only at specified meetings, or in relation to specified matters, on behalf of the unit holder; and\n\t(b)\tmay specify conditions in relation to the nomination; and\n\t(c)\tif a specified condition requires the nominated person to vote in a particular way in relation to a matter in which the unit holder has a direct or indirect pecuniary interest (other than an interest that the unit holder has in common with all the holders of the strata units)—must specify the nature of the unit holder's pecuniary interest; and\n\t(d)\tmay be revoked by the unit holder at any time by subsequent written notice to the secretary (and any contract or agreement to the contrary is unenforceable); and\n\t(e)\tis effective for a period of 12 months or such lesser period as may be specified in the written notice of nomination unless the nomination is revoked earlier under paragraph (d); and\n\t(f)\tdoes not derogate from the power of the unit holder to attend and vote at meetings on his or her own behalf.\n\t(3b)\tFailure to comply with a requirement of subsection (3a)(a) will invalidate the nomination.\n\t(3c)\tWithout limiting subsection (3a), if a person who is a body corporate manager or an employee of a body corporate manager is nominated as a proxy of a unit holder of the corporation, the nomination ceases to have effect on the person ceasing to be a body corporate manager in relation to the corporation or an employee of such a body corporate manager (as the case may require).\n\t(3d)\tIf a unit holder appoints, by general power of attorney under section 5 of the Powers of Attorney and Agency Act 1984, a person as his or her attorney specifically for the purpose of attending and voting at meetings, or specified meetings, of the strata corporation, the appointment is, despite any provision of that Act or the terms of the general power of attorney, effective for a period of 12 months or such lesser period as may be specified in the power of attorney unless the power of attorney is revoked earlier.\n\t(3e)\tIf a general power of attorney referred to in subsection (3d) appoints a body corporate manager, a copy of the instrument of appointment must be provided to the secretary of the corporation before the meeting, or the first of the meetings, to which it relates.\n\t(3f)\tThe secretary of the corporation must ensure that a copy of each written notice of nomination, and each instrument provided under subsection (3e), applying in relation to a meeting is available for inspection at the meeting before any matter is voted on.\n\t(4)\tA unit holder may exercise an absentee vote on a proposed resolution by giving the secretary written notice of the proposed vote at least six hours before the time of the meeting.\n\t(5)\tA written ballot may be demanded by a unit holder (or a proxy of a unit holder) attending a meeting.\n\t(6)\tSuch a ballot will be taken amongst the unit holders (or proxies of unit holders) attending the meeting in such manner as the person presiding at the meeting thinks fit.\n\t(7)\tExcept where a unanimous resolution is required, a vote is not exercisable in relation to a unit unless all amounts due and payable to the strata corporation in respect of the unit have been paid.\n\t(8)\tExcept where otherwise provided by this Act or by the articles of a strata corporation, the decisions of the corporation in a general meeting will be made by ordinary resolutions.\n34A—Duty to disclose interest\n\t(1)\tIf a person (whether a co‑owner of a unit or not) has been nominated to attend and vote at a meeting of a strata corporation on behalf of another person, the nominated person must—\n\t(a)\tif the nominated person has a direct or indirect pecuniary interest in any matter to be voted on at a meeting—\n\t(i)\tif it is practicable to do so, disclose the nature of the interest to his or her principal before the vote is taken; or\n\t(ii)\tin any other case, disclose the nature of the interest to his or her principal as soon as practicable after the vote is taken; and\n\t(b)\tif the nominating person declared a pecuniary interest in accordance with section 34(3a)(c) in relation to the matter, the nominated person must disclose the nature of the interest to the members present at the meeting before the vote on the matter is taken.\n\t(2)\tA co‑owner of a unit is not obliged by subsection (1) to disclose an interest that he or she has in common with his or her other co‑owners.\n\t(3)\tA person who—\n\t(a)\tattends and is entitled to vote at, a meeting of a strata corporation; or\n\t(b)\tpresides at such a meeting,\nand who has a direct or indirect pecuniary interest in any matter to be voted on at the meeting must disclose the nature of the interest to the members present at the meeting before the vote is taken.\n\t(4)\tA unit holder is not obliged by subsection (3) to disclose an interest that he or she has in common with all of the unit holders.\n\t(5)\tIt is a defence to a charge of an offence against this section to prove that the defendant was not, at the time of the alleged offence, aware of his or her interest in the matter.\nDivision 6—Management committee\n35—Management committee\n\t(1)\tSubject to subsection (1a), a strata corporation may, by ordinary resolution, appoint a management committee of unit holders.\n\t(1a)\tWhere all of the units comprised in the strata scheme consist of non-residential premises, the management committee may consist of, or include, persons who are not unit holders.\n\t(2)\tA management committee will, subject to any limitation imposed by the strata corporation, have full power to transact any business of the corporation.\n\t(3)\tA management committee does not have power to do anything for which a special or unanimous resolution of the strata corporation is required by this Act or by the articles of the corporation.\n\t(4)\tThe prescribed number of members of a management committee constitute a quorum of the committee and no business may be transacted at a meeting of the committee unless a quorum is present.\n\t(4a)\tThe prescribed number for the purposes of subsection (4) is a number ascertained by dividing the total number of members of the committee by two, ignoring any fraction resulting from the division, and adding one.\n\t(4b)\tA decision supported by a majority of the members at a meeting of a management committee of which at least three days notice has been given to all members will be taken to be a decision of the committee.\n\t(5)\tA member of a management committee holds office on terms fixed by the strata corporation and may be removed by ordinary resolution of the strata corporation at any time.\n\t(6)\tA management committee may co-opt a suitable person to fill a casual vacancy in the membership of the committee.\n\t(7)\tA member of a management committee can appoint another person (who must, unless all of the units comprised in the strata scheme consist of non-residential units, be a unit holder) to act as his or her proxy at any meeting of the committee that the member is unable to attend.\n\t(8)\tA management committee must—\n\t(a)\tkeep minutes of its proceedings; and\n\t(b)\tcause proper accounting records to be kept in respect of money received and expended by it.\n\t(9)\tSubject to the articles and any direction of the strata corporation, a committee may otherwise regulate its meetings and proceedings as it thinks fit.\n\t(10)\tA strata corporation may appoint or engage a person to assist its management committee in the performance of the committee's functions.\n36—Validity of acts\nWhere a management committee acts honestly, the subsequent discovery of some defect affecting the appointment of a member, or the right of a person to act as a member, does not invalidate an act of the committee.\n","sortOrder":11},{"sectionNumber":"Div 6A","sectionType":"division","heading":"Agents' trust accounts","content":"Division 6A—Agents' trust accounts\n36A—Application of Division\nThis Division applies where a strata corporation has authorised a person (the agent) (not being an ADI or other financial institution) to receive money from another person (not being the corporation) and to hold the money on behalf of the corporation or to deal with it in accordance with this Division.\n36B—Interpretation\nIn this Division, unless the contrary intention appears—\nagent means a person, not being an ADI or other financial institution, who has been authorised by a strata corporation to receive money on its behalf and to hold it or to deal with it in accordance with this Division;\nauditor means a registered company auditor within the meaning of the Corporations Law;\nfinancial institution means an institution of a kind declared by regulation to be a financial institution;\ntrust account means an account in which trust money is required to be deposited by an agent;\ntrust money means money received by an agent on behalf of a strata corporation.\n36C—Trust money to be deposited in trust account\n\t(1)\tAn agent must, as soon as practicable after receiving trust money, deposit the money in an account authorised by this Division in the name of the agent.\n\t(2)\tAn agent must not pay any money except trust money into the agent's trust account.\n\t(3)\tAn agent must not withdraw, or permit another person to withdraw, money from a trust account except in accordance with this Part.\n\t(4)\tAn agent must, when applying to open a trust account, inform the ADI or other financial institution that the account is to be a trust account for the purposes of this Division.\n36D—Withdrawal of money from trust account\nAn agent may withdraw money from a trust account—\n\t(a)\tin exercise of powers delegated to the agent by the strata corporation; or\n\t(b)\tin satisfaction of a claim for fees, costs or disbursements (that are authorised by the regulations) that the agent has against the corporation; or\n\t(c)\tto satisfy an order of a court against the corporation; or\n\t(d)\tfor making any other payment authorised by law.\n36E—Authorised trust accounts\nAn account at an ADI or at any other financial institution prescribed for the purposes of this section by regulation that provides for the payment of interest on money held in the account in accordance with the regulations is authorised for the purposes of this Division.\n36F—Application of interest\nIf money received by an agent on behalf of two or more strata corporations is held in the same trust account, interest credited to the trust account must be credited by the agent proportionately to the strata corporations on whose behalf that money is held.\n36G—Keeping of records\n\t(1)\tAn agent must keep detailed records of all trust money received by the agent and of any disbursement of, or other dealing with, that money and must compile detailed accounts of those receipts and disbursements or other dealings that—\n\t(a)\taccurately disclose the state of the trust account maintained by the agent; and\n\t(b)\tenable the receipt and disposition of trust money to be conveniently and properly audited; and\n\t(c)\tcomply with all other requirements specified by regulation.\n\t(2)\tIn particular, the agent must, in respect of the receipt of trust money—\n\t(a)\tmake available to the person making payment a receipt that sets out the information specified by regulation in the form specified by regulation; and\n\t(b)\tmake and retain a copy of the receipt as part of the agent's records.\n\t(3)\tAn agent must, at the request of a strata corporation provide the corporation, within 5 business days after the making of the request, with a statement setting out details of dealings by the agent with the corporation's money.\n\t(4)\tAn agent must keep the accounts and records referred to in this section (including copies of receipts under subsection (2)(b)) in a legible written form, or so as to be readily convertible into such a form, for at least five years.\n36H—Audit of trust accounts\n\t(1)\tAn agent who maintains a trust account must—\n\t(a)\thave the accounts and records kept under this Division audited by an auditor in respect of each audit period specified by regulation; and\n\t(b)\tforward to the secretary of the strata corporation a statement relating to the audit that sets out the information specified by regulation.\n\t(2)\tAn agent who—\n\t(a)\tfails to have accounts and records audited as required; or\n\t(b)\tfails to forward the audit statement to the secretary of the strata corporation within the time allowed by or under the regulations,\nis guilty of an offence.\n36I—Obtaining information for purposes of audit or examination\n\t(1)\tAn auditor employed by an agent to make an audit of the trust accounts of the agent, may require the agent or any other person in a position to do so—\n\t(a)\tto produce all the accounts (including accounts that are not trust accounts) relating to the business of the agent and all documents and records relating to those accounts, including written records that reproduce in a readily understandable form information kept by computer, microfilm or other process; and\n\t(b)\tto provide any relevant information relating to the operation of the accounts.\n\t(2)\tThe manager or other principal officer of an ADI or other financial institution with which an agent has deposited money, whether in his or her own account or in a general or separate trust account, must, on being required to do so by an auditor employed or appointed to make an audit under this Division, disclose every such account (including all deposit slips, cancelled cheques and other documents relating to the operation of the account) to the auditor.\n\t(3)\tA person who is required by this section to produce documents to an auditor must permit the auditor to make a copy of the whole, or any part, of those documents.\n\t(4)\tIn this section—\naccount includes a record required to be kept under this Division in relation to the receipt of and disbursement of or other dealing with trust money;\nagent includes a former agent.\n36J—ADIs etc to report deficiencies in trust accounts\nAn ADI or other financial institution with which a trust account has been established must, as soon as practicable, and in any event within 14 days, after becoming aware of a deficiency in that account, report the deficiency to the Minister.\n36K—Confidentiality\nAn auditor must not divulge information that has come to his or her knowledge in the course of performing functions under this Division except—\n\t(a)\tto the agent; or\n\t(b)\tto the Minister; or\n\t(c)\tas otherwise required by law.\n36L—ADIs etc not affected by notice of trust\n\t(1)\tSubject to subsection (2), an ADI or other financial institution is not affected by notice of a specific trust to which money deposited in a trust account is subject, and is not bound to satisfy itself of the due application of that money.\n\t(2)\tThis section does not relieve an ADI or other financial institution of liability for negligence.\nDivision 7—Appointment of administrator\n37—Administrator of strata corporation's affairs\n\t(a1)\tIn this section—\nrelevant court means the Court or the Magistrates Court.\n\t(1)\tA relevant court may, on application by—\n\t(a)\ta strata corporation;\n\t(b)\ta creditor of a strata corporation;\n\t(c)\ta person with a registered interest in a unit,\nappoint an administrator of the strata corporation, or remove or replace an administrator previously appointed.\n\t(2)\tAn administrator has, while the appointment remains in force, full and exclusive power to administer the affairs of the strata corporation (including power to do anything for which a special or unanimous resolution of the strata corporation is required).\n\t(3)\tThe administrator must comply with any directions that the relevant court may give from time to time.\n\t(4)\tThe remuneration of an administrator will be fixed by the relevant court and payable from the strata corporation's funds.\n\t(5)\tThe administrator may, by written instrument, delegate any of his or her powers.\n\t(6)\tA delegation under subsection (5)—\n\t(a)\tmay be made on such conditions as the administrator thinks fit; and\n\t(b)\tis revocable at will; and\n\t(c)\tdoes not derogate from the power of the administrator to act in any matter personally.\n\t(7)\tWhere a person—\n\t(a)\tis appointed as an administrator; or\n\t(b)\tis removed or replaced as an administrator,\nthat person must, within 14 days, give the Registrar-General written notice of his or her appointment, removal or replacement.\n38—Duties of the original proprietor in relation to strata corporation\n\t(1)\tThe original registered proprietor must ensure that a general meeting of the strata corporation is convened within three months after the relevant date.\n\t(2)\tThe relevant date is the first date on which there are two or more members of the corporation holding different units.\n\t(3)\tThe original registered proprietor must, at the first general meeting of the strata corporation, place it in possession of—\n\t(b)\ta copy of all plans, drawings, specifications and reports in his or her possession relating to the design and construction of buildings and building improvements on the site;\n\t(c)\ta copy of any other notice, order or document in his or her possession relating to the strata scheme of which the strata corporation will need to know in order to carry out its statutory functions.\n39—Power to require handing over of property\n\t(1)\tA strata corporation may by notice in writing to a person who has possession of any record, key, or other property of the corporation, require that person to deliver it to an officer of the corporation named in the notice on or before a specified time.\n\t(2)\tA person who fails to comply with a requirement under subsection (1) is guilty of an offence.\n39A—Register of unit holders\n\t(1)\tA strata corporation must maintain a register of the names of the unit holders which shows—\n\t(a)\tthe unit holder's last contact address, telephone number and email address known to the corporation; and\n\t(b)\tthe unit holder's unit entitlement.\n\t(2)\tA corporation must keep a record of the information used to compile the register for the period required by the regulations.\n40—Record keeping\n\t(1)\tA strata corporation must—\n\t(a)\tkeep—\n\t(i)\ta minute book containing minutes of its meetings; and\n\t(ii)\tproper accounting records in respect of its receipts and expenditure;\n\t(b)\tensure that a proper statement of accounts is prepared in respect of each accounting period;\n\t(c)\tkeep a record of any notice or order served on the corporation;\n\t(d)\tretain for such period as may be prescribed—\n\t(i)\tthe minute book and accounting records kept under paragraph (a);\n\t(ii)\ta copy of any statement of account prepared under paragraph (b);\n\t(iii)\tany notice or order referred to in paragraph (c);\n\t(iv)\ta copy of any correspondence received or sent by the corporation;\n\t(v)\tnotices of meetings of the corporation and its management committee;\n\t(vi)\tsuch other documentary material as may be prescribed.\n\t(2)\tAn accounting period for a strata corporation is—\n\t(a)\ta period—\n\t(i)\tcommencing on the commencement of this Act, the date of incorporation of the corporation or the end of a previous accounting period (whichever is the later); and\n\t(ii)\tending on the following 30 June; or\n\t(b)\ta period of not less than 9 months and not more than 18 months fixed by the corporation as an accounting period (but the corporation's accounting periods must be consecutive, following immediately one upon the other).\n41—Information to be furnished\n\t(1)\tA strata corporation must, on application by or on behalf of the owner or a mortgagee of a unit, or by or on behalf of a prospective purchaser or mortgagee of a unit, within 5 business days after the making of the application—\n\t(a)\tfurnish—\n\t(i)\tparticulars of any contribution payable in relation to the unit (including details of any arrears of contribution related to the unit);\n\t(ii)\tparticulars of the assets and liabilities of the corporation;\n\t(iii)\tparticulars of any expenditure that the corporation has incurred, or has resolved to incur, and to which the unit holder of the unit must contribute, or is likely to be required to contribute;\n\t(iv)\tparticulars in relation to any prescribed matter;\n\t(b)\tprovide copies of—\n\t(i)\tthe minutes of general meetings of the corporation and meetings of its management committee for such period, not exceeding two years, specified in the application;\n\t(ii)\tthe statement of accounts of the corporation last prepared by the corporation;\n\t(iii)\tthe articles for the time being in force;\n\t(iv)\tcurrent policies of insurance taken out by the corporation;\n\t(c)\tmake available for inspection—\n\t(i)\ta copy of the accounting records of the corporation;\n\t(ii)\tthe minute books of the corporation;\n\t(iii)\tany other prescribed documentary material;\n\t(d)\tif the strata corporation is a party to a contract with a body corporate manager—make available for inspection a copy of the contract;\n\t(e)\tmake available for inspection the register maintained under section 39A.\nPenalty: Division 9 fine.\n\t(1a)\tA strata corporation must, on application by a unit holder, provide the applicant, on a quarterly basis, with ADI statements for all accounts maintained by the corporation (and must continue to so provide the statements until the applicant ceases to be a unit holder or revokes the application).\n\t(1b)\tSubsection (1a) does not apply to a strata corporation if a body corporate manager maintains the accounts on behalf of the corporation.\n\t(2)\tAn application under this section must be accompanied by the prescribed fee.\n\t(2a)\tA strata corporation must not charge more than the prescribed fee in respect of a service provided in pursuance of an application under this section.\nPenalty: Division 9 fine.\n\t(3)\tThe application is duly made if given or sent to—\n\t(a)\tthe secretary of the strata corporation;\n\t(b)\tif the strata corporation has a management committee—any member of the management committee.\n\t(4)\tA statement of a strata corporation provided for the purposes of subsection (1)(a) is, in favour of the person to whom it is provided and as against the corporation, conclusive evidence (as at the date of the statement) of the matters contained in the statement.\n","sortOrder":12},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Resolution of disputes","content":"Part 3A—Resolution of disputes\n41AA—Persons who may apply for relief\nThe following persons may apply for relief under this Part:\n\t(a)\ta strata corporation;\n\t(b)\tthe owner or occupier of a unit;\n\t(c)\ta person who has contracted to purchase a unit;\n\t(d)\tany other person bound by the articles of a strata corporation except for persons invited to or visiting the site.\n41A—Resolution of disputes etc\n\t(1)\tAn application may be made under this section—\n\t(a)\tif the applicant claims that a breach of this Act or of the articles of the corporation has occurred; or\n\t(b)\tif the applicant claims to have been prejudiced, as occupier of a strata unit, by the wrongful act or default of the strata corporation or a delegate or the management committee of the strata corporation, or of some other member of the strata corporation; or\n\t(c)\tif a member of a strata corporation claims that a decision of the strata corporation or a delegate or the management committee of the strata corporation is unreasonable, oppressive or unjust; or\n\t(d)\tif a dispute arises—\n\t(i)\tbetween a strata corporation and a member of the corporation; or\n\t(ii)\tbetween two or more members of a strata corporation,\nin relation to any aspect of the occupation or use of a strata unit.\n\t(2)\tSubject to this section, an application must be made to the Magistrates Court.\n\t(3)\tA person may, with the permission of the District Court, bring an application under this section in the District Court.\n\t(4)\tThe District Court may, on the application of a party to proceedings under this section that have been commenced in the Magistrates Court, order that the proceedings be transferred to the District Court (and such an order will have effect according to its terms).\n\t(5)\tProceedings should not be commenced in, or transferred to, the District Court under subsections (3) or (4) unless the District Court considers that it is appropriate for the court to deal with the matter by reason of the complexity or significance of the matter.\n\t(6)\tA court may, on its own initiative or on an application by a party to the proceedings—\n\t(a)\ttransfer an application under this section to the Supreme Court on the ground that the application raises a matter of general importance; or\n\t(b)\tstate a question of law for the opinion of the Supreme Court.\n\t(7)\tA court, in hearing and determining an application under this section, should act according to equity, good conscience and the substantial merits of the case, without regard to technicalities and legal forms, and is not bound by the rules of evidence but may inform itself on any matter in such manner as it thinks fit.\n\t(8)\tA member of a strata corporation duly appointed by the corporation for the purpose may represent the corporation in any proceedings under this section.\n\t(9)\tA court may, in respect of an application under this section—\n\t(a)\tattempt to achieve settlement of the proceedings by agreement between the parties;\n\t(b)\trequire a party to provide reports or other information for the purposes of the proceedings;\n\t(ba)\torder a party to have any accounts audited or to reimburse any person for the costs of having any accounts audited;\n\t(c)\torder that a party take such action as in the opinion of the court necessary to remedy any default, or to resolve any dispute, and is specified in the order;\n\t(d)\torder that a party refrain from any further action of a kind specified in the order;\n\t(da)\tmake a declaration as to the validity of—\n\t(i)\tany articles or purported articles of the corporation; or\n\t(ii)\tany decision or purported decision of the corporation;\n\t(e)\tby order—\n\t(i)\talter the articles of the corporation;\n\t(ii)\tvary or reverse any decision of the corporation, or of the management committee of the corporation;\n\t(ea)\tvary, avoid or terminate a contract entered into (whether before or after the commencement of this paragraph) between a strata corporation and either of the following:\n\t(i)\tthe body corporate manager;\n\t(ii)\tan associate of the body corporate manager;\n\t(f)\tgive judgment on any monetary claim;\n\t(g)\tmake orders as to costs;\n\t(h)\tmake any incidental or ancillary orders.\n\t(10)\tA court should not make an order to alter the articles of a corporation unless—\n\t(a)\tthe corporation is a party to the proceedings or the court is satisfied that the corporation has been given a reasonable opportunity to become a party to the proceedings; and\n\t(b)\tif it appears to the court that the alteration could adversely affect a member of the corporation who is not a party to the proceedings, the court is satisfied that the member has been notified of the possibility that such an order could be made and given a reasonable opportunity to make submissions to the court in relation to the matter; and\n\t(c)\tin any event, the court is satisfied that the order is essential to achieving a fair and equitable resolution of the matters in dispute.\n\t(10a)\tA court should not make an order to vary, avoid or terminate a contract entered into between a community corporation and a body corporate manager or an associate of the body corporate manager unless the court is satisfied that the contract involves a breach of fiduciary duties or other duties under this Act.\n\t(11)\tWhere an application is made under this section and the court is satisfied that an interim order is justified by the urgency of the case, the court may make an interim order to safeguard the position of any person pending its final resolution.\n\t(12)\tAn interim order—\n\t(a)\thas effect for such period as the court may determine and specifies in the order, and may be renewed by the court from time to time; and\n\t(b)\tmay be made or renewed whether or not notice of the application has been given to a respondent; and\n\t(c)\tunless sooner revoked, ceases to have effect on the determination or resolution of an application under this section.\n\t(13)\tA person who fails to comply with an order under this section is guilty of an offence.\n\t(14)\tThe power to make an order under this section includes the power to vary or revoke an order.\n\t(15)\tA court may decline to proceed with an application under this section if it considers that it would be more appropriate for proceedings to be taken in another court or tribunal constituted by law.\n\t(16)\tThis section does not limit or derogate from any civil remedy at law or in equity.\n\t(17)\tRules of Court may be made dealing with any matter necessary or expedient for the effective and efficient operation of this section.\n\t(18)\tThe rules for a particular court will be made in the same manner as ordinary rules are made for that court.\n","sortOrder":13},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"Part 4—Miscellaneous\n42—Unit holder's power of entry\n\t(1)\tIf—\n\t(a)\t—\n\t(i)\tthe proper supply of hot or cold water, gas, electricity, heating oil or air-conditioned air to a unit (unit A) fails; or\n\t(ii)\tthe sewerage, garbage or drainage system as it affects a unit (unit A) fails to operate properly; and\n\t(b)\tsome other unit (unit B) must be entered in order to investigate the cause of the failure, or to carry out necessary repairs,\nthe unit holder of unit A, or a person authorised by that unit holder, may, after giving such notice to the unit holder of unit B as may be practicable in the circumstances, enter unit B for that purpose.\n\t(2)\tReasonable force may be exerted in the exercise of powers conferred by this section but any damage to unit B must be immediately made good at the expense of the unit holder of unit A.\n43—Insurance by unit holder\n\t(1)\tNothing in this Act limits the right of a unit holder to effect insurance in respect of the unit.\n\t(2)\tA contract of insurance may be entered into by the unit holder in respect of damage to the unit for an amount equal to the amount secured at the date of the contract by mortgages over the unit.\n\t(3)\tWhere a contract of insurance of the kind referred to in subsection (2) is in force—\n\t(a)\tpayment must be made by the insurer under the contract to the mortgagees whose interests are noted in the contract in order of their respective priorities, subject to the terms and conditions of the contract;\n\t(b)\tsubject to the terms and conditions of the contract, the insurer is liable to pay under the contract—\n\t(i)\tthe amount stated in the contract; or\n\t(ii)\tthe amount of the damage; or\n\t(iii)\tthe amount sufficient, at the date of the payment, to discharge the mortgages noted in the contract,\nwhichever is the least amount.\n\t(4)\tWhere the amount so paid by the insurer equals the amount necessary to discharge a mortgage over the unit, the insurer is entitled to an assignment of that mortgage and where the amount is less than the amount necessary to discharge a mortgage over the unit, the insurer is entitled to obtain from the mortgagee a transfer of a proportion of the mortgagee's interest in the mortgage equal to the proportion that the amount of the payment bears to the amount owing under the mortgage immediately before the payment.\n\t(5)\tMoney received under any such contract of insurance is not liable to be brought into contribution with any other money received under another contract of insurance, except where the other contract of insurance—\n\t(a)\tis in respect of damage to the same unit; and\n\t(b)\trelates to the same mortgage debt.\n44—Dealing with part of unit\n\t(1)\tSubject to this section, a unit holder may not enter into any dealing with a part of the unit unless—\n\t(a)\tthe dealing is to be effected by amendment to the strata plan; or\n\t(b)\tthe dealing consists of the granting, surrendering or extinction of an easement.\n\t(2)\tSubject to any other law, a unit holder may grant a lease or licence over a part of a unit—\n\t(a)\tif all of the units comprised in the strata scheme consist of non-residential premises; or\n\t(b)\twhere paragraph (a) does not apply—\n\t(i)\tif the lease or licence is granted to another unit holder; or\n\t(ii)\tif the lease or licence is authorised by unanimous resolution of the strata corporation (but no authorisation is required in relation to a lease or licence over the whole of a unit).\n\t(3)\tWhere a unit holder acts in contravention of this section—\n\t(a)\tthe dealing is void and no instrument purporting to give effect to the dealing may be lodged for registration; and\n\t(b)\tthe unit holder is guilty of an offence.\nPenalty: Division 8 fine.\n44A—Body corporate may act as officer etc\n\t(1)\tWhere a unit holder is a body corporate, the body corporate is eligible to hold the office of presiding officer, secretary or treasurer of the strata corporation, or to be a member of the management committee.\n\t(2)\tIf a body corporate is appointed as the presiding officer, secretary or treasurer of a strata corporation, or as a member of a management committee, the body corporate may, by instrument in writing, appoint a person to perform on its behalf any function that is conferred on the body corporate by virtue of the appointment.\n\t(2a)\tSubject to subsection (2b), the person appointed under subsection (2) must be a director, manager, secretary or other officer of the body corporate.\n\t(2b)\tSubsection (2a) does not apply—\n\t(a)\tif all of the units comprised in the relevant strata scheme consist of non-residential premises; or\n\t(b)\tif the body corporate is the South Australian Housing Trust; or\n\t(c)\tin any other case prescribed by regulation.\n\t(3)\tA function performed on behalf of a body corporate by a person appointed under subsection (2) will be taken to have been performed by the body corporate.\n\t(4)\tA body corporate may revoke at will an appointment under subsection (2).\n45—Persons under disability etc\n\t(1)\tWhere a unit holder is under a disability, the rights and powers of that unit holder under this Act may be exercised on his or her behalf by a guardian.\n\t(2)\tIf a unit holder is under a disability or cannot be found, the Court may on application by the strata corporation or any other person with a proper interest in the matter, dispense with any consent, approval or vote that would otherwise be required from that person under this Act.\n46—Relief where unanimous resolution required\n\t(a1)\tIn this section—\nrelevant court means the Court or the Magistrates Court.\n\t(1)\tWhere a unanimous resolution is necessary under this Act before an act may be done and that resolution is not obtained but the resolution is supported to the extent necessary for a special resolution, a person included in the majority in favour of the resolution may apply to a relevant court to have the resolution declared sufficient to authorise the particular act proposed and, if the court so orders, the resolution will be taken to have been passed as a unanimous resolution.\n\t(2)\tNotice of an application under subsection (1) must be served on—\n\t(a)\tevery person who was entitled to exercise the power of voting conferred under this Act and did not, either in person or by proxy, vote in favour of the resolution; and\n\t(b)\tany other person whom the court declares to have a sufficient interest in the proceedings to require that the person should be served with notice of the application,\nand the court may direct that any person served with, or to be served with, notice of proceedings under this subsection be joined as a party to the proceedings.\n\t(3)\tThe court should not order a party who opposes an application under this section to pay the costs of a successful applicant unless the court considers the actions of that party in relation to the application were unreasonable.\n47—General defence\nIt is a defence to a charge of an offence against this Act if the defendant proves that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.\n48—Applications etc\n\t(1)\tAn application or plan submitted to the Registrar-General under this Act must be in a form approved by the Registrar-General and certified in any manner required by the Registrar-General.\n\t(2)\tAny such application must be accompanied by the prescribed fee.\n\t(3)\tAny other document that is to be lodged with the Registrar-General under this Act must be accompanied by the prescribed fee.\n\t(4)\tThe Registrar-General may, in appropriate cases, remit or reduce a fee.\n48A—Applications to Magistrates Court\nIf an application is made to the Magistrates Court under any provision of this Act, the Magistrates Court Act 1991 applies, with such modifications as may be necessary for the purpose or as may be prescribed, in relation to the application as if the proceedings were a minor civil action within the meaning of that Act.\n49—Service\n\t(1)\tA document to be served under this Act or the articles of a strata corporation may be served—\n\t(a)\tpersonally; or\n\t(b)\tby post; or\n\t(c)\tif the recipient consents to receiving the document by email—by transmitting the document by email to the email address provided by the person for that purpose.\n\t(2)\tA strata corporation must keep—\n\t(a)\ta letter box, with the name of the corporation clearly shown on it, for postal delivery to the site; or\n\t(b)\twhere there is no postal delivery to the site, a post office box.\n\t(3)\tA document may be served on the strata corporation, its secretary or treasurer, or a member of its management committee—\n\t(a)\tby placing it in the strata corporation's letter box; or\n\t(b)\tby post addressed to the strata corporation, the secretary or treasurer at the postal address of the corporation.\n50—Proceedings for offences\n\t(1)\tAn offence against this Act is a summary offence.\n\t(2)\tA prosecution for an offence against this Act cannot be commenced except by—\n\t(a)\tthe Commissioner for Consumer Affairs; or\n\t(b)\tan authorised officer under the Fair Trading Act 1987; or\n\t(c)\ta person who has the consent of the Minister to commence the prosecution.\n\t(3)\tIn any proceedings, an apparently genuine document purporting to be a certificate of the Minister certifying authorisation of, or consent to, a prosecution for an offence against this Act will be accepted, in the absence of proof to the contrary, as proof of the authorisation or consent.\n\t(4)\tWhere a person fails to comply with an obligation imposed by this Act and is, in consequence of that non-compliance, convicted of an offence against this Act, the court may order the convicted person to comply with the obligation within a time fixed by the court.\n\t(5)\tIf the convicted person fails to comply with an order under subsection (4), that person is guilty of a further offence.\n50A—Indemnity fund under Land Agents Act 1994\nMoney standing to the credit of the indemnity fund maintained under section 29 of the Land Agents Act 1994 may be applied by the Commissioner for Consumer Affairs for any of the following purposes:\n\t(a)\tthe costs of investigating compliance with this Act;\n\t(b)\tthe costs of prosecutions for offences against this Act;\n\t(c)\tthe payment of amounts, approved by the Minister and the Minister responsible for the administration of the Land Agents Act 1994, towards the cost of prescribed advisory services or educational programs relating to this Act conducted for the benefit of members of the public.\n50B—Review of operation of Act\nThe Minister must, as soon as is practicable after the second anniversary of the commencement of the Statutes Amendment (Community and Strata Titles) Act 2012 or any provision of that Act—\n\t(a)\tcause a report to be prepared on the operation of this Act insofar as it was amended by the Statutes Amendment (Community and Strata Titles) Act 2012; and\n\t(b)\tcause a copy of the report to be laid before each House of Parliament.\n51—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.\n\t(2)\tAny such regulation—\n\t(a)\tmay be of general or restricted application;\n\t(b)\tmay confer discretionary powers;\n\t(ba)\tmay assign specified functions to an officer of a strata corporation of a specified class;\n\t(c)\tmay impose a fine (not exceeding a division 9 fine) for breach of, or non-compliance with, the regulation or any other regulation.\n","sortOrder":14},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Transitional provisions","content":"Schedule 2—Transitional provisions\n1—Interpretation\nIn this Schedule—\nthe repealed strata title provisions means Part 19B of the Real Property Act 1886 repealed by Schedule 1.\n2—Existing plans\n\t(1)\tSubject to subclause (2), a plan deposited in the Lands Titles Registration Office by the Registrar-General in pursuance of the repealed strata title provisions will be taken to be a deposited plan under this Act.\n\t(2)\tSubject to any amendment under this Act, the boundaries of a unit within a plan to which subclause (1) applies are not affected by the enactment of this Act.\n3—Strata corporations\n\t(1)\tA corporation existing under the repealed strata title provisions immediately before the commencement of this Act continues as a strata corporation under this Act.\n\t(2)\tA committee of a corporation appointed under the repealed strata title provisions and in existence immediately before the commencement of this Act will, subject to this Act, continue as the management committee of the corporation under this Act.\n\t(3)\tWhere a strata corporation to which this clause applies had adopted articles in substitution for those prescribed by the repealed strata title provisions, those articles continue, subject to amendment or substitution under this Act, as the articles of the corporation.\n\t(4)\tIn any other case, the articles prescribed by Schedule 3 will take the place of those prescribed by the repealed strata title provisions on the expiration of six months from the commencement of this Act (but if those earlier articles had been amended, there will be a corresponding amendment to the Schedule 3 articles as they apply to the strata corporation).\n4—Continuation and completion of proceedings under the repealed provisions\n\t(1)\tProceedings commenced under the repealed strata title provisions may be continued and completed as if this Act had not been enacted.\n\t(2)\tFor the purposes of subclause (1), proceedings for the deposit of a strata plan will be taken to have commenced when a formal application was first made to the Registrar‑General, the Commission or the council in relation to the division of the land by strata plan.\n6—Application of Acts\nThe Acts Interpretation Act 1915 applies, except to the extent of any inconsistency with the provisions of this Schedule, to any repeal made by this Act.\n","sortOrder":15},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Articles of strata corporation","content":"Schedule 3—Articles of strata corporation\n1\t(1)\tA unit holder must—\n\t(a)\tmaintain the unit in good repair;\n\t(b)\tcarry out any work ordered by a council or other public authority in respect of the unit.\n\t(2)\tThe occupier of a unit must keep it in a clean and tidy condition.\n","sortOrder":16},{"sectionNumber":"2","sectionType":"section","heading":"A person bound by these articles—","content":"2\tA person bound by these articles—\n\t(a)\tmust not obstruct the lawful use of the common property by any person; and\n\t(b)\tmust not use the common property in a manner that unreasonably interferes with the use and enjoyment of the common property by the other members of the strata community, their customers, clients or visitors; and\n\t(c)\tmust not make, or allow his or her customers, clients or visitors to make, undue noise in or about any unit or the common property; and\n\t(d)\tmust not interfere, or allow his or her customers, clients or visitors to interfere, with others in the enjoyment of their rights in relation to units or common property.\n","sortOrder":17},{"sectionNumber":"3","sectionType":"section","heading":"A person bound by these articles must not use the unit, or permit the unit to be used, for any unlawful purpose.","content":"3\tA person bound by these articles must not use the unit, or permit the unit to be used, for any unlawful purpose.\n4\tSubject to the Strata Titles Act 1988, a person bound by these articles must not, without the strata corporation's consent, keep any animal in, or in the vicinity of, a unit.\n","sortOrder":18},{"sectionNumber":"5","sectionType":"section","heading":"A person bound by these articles—","content":"5\tA person bound by these articles—\n\t(a)\tmust not park a motor vehicle in a parking space allocated for others or on a part of the common property on which parking is not authorised by the strata corporation; and\n\t(b)\tmust take reasonable steps to ensure that his or her customers, clients or visitors do not park in parking spaces allocated for others or on parts of the common property on which parking is not authorised by the strata corporation.\n","sortOrder":19},{"sectionNumber":"6","sectionType":"section","heading":"A person bound by these articles must not, without the consent of the strata corporation—","content":"6\tA person bound by these articles must not, without the consent of the strata corporation—\n\t(a)\tdamage or interfere with any lawn, garden, tree, shrub, plant or flower on the common property; or\n\t(b)\tuse any portion of the common property for his or her own purposes as a garden.\n","sortOrder":20},{"sectionNumber":"7","sectionType":"section","heading":"A person bound by these articles must not—","content":"7\tA person bound by these articles must not—\n\t(a)\tbring objects or materials onto the site of a kind that are likely to cause justified offence to the other members of the strata community; or\n\t(b)\tallow refuse to accumulate so as to cause justified offence to others.\n8\tA person bound by these articles must not, without the consent of the strata corporation, display any sign, advertisement, placard, banner or any other conspicuous material of a similar nature—\n\t(a)\ton part of his or her unit so as to be visible from outside the building; or\n\t(b)\ton any part of the common property.\n9\tThe occupier of a unit may, without the consent of the strata corporation, paint, cover or in any other way decorate the inside of any building forming part of the unit and may, provided that unreasonable damage is not caused to any common property, fix locks, catches, screens, hooks and other similar items to that building.\n10\tThe occupier of a unit used for residential purposes must not, without the consent of the strata corporation, use or store on the unit or on the common property any explosive or other dangerous substance.\n","sortOrder":21},{"sectionNumber":"11","sectionType":"section","heading":"A person bound by these articles—","content":"11\tA person bound by these articles—\n\t(a)\tmust maintain within the unit, or on a part of the common property set apart for the purpose by the strata corporation, a receptacle for garbage adequately covered; and\n\t(b)\tmust comply with all council by-laws relating to the disposal of garbage.\n","sortOrder":22},{"sectionNumber":"12","sectionType":"section","heading":"A unit holder must immediately notify the strata corporation of—","content":"12\tA unit holder must immediately notify the strata corporation of—\n\t(a)\tany change in the ownership of the unit, or any change in the address of an owner;\n\t(b)\tany change in the occupancy of the unit.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Strata Titles Act 1988 amended the following:\nReal Property Act 1886\nLand Agents, Brokers and Valuers Act 1973\nLegal Practitioners Act 1981\nRetirement Villages Act 1987\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Strata Titles Act 1988\n7.4.1988\n1.9.1988 (Gazette 21.7.1988 p420)\n Strata Titles Act Amendment Act 1989\n20.4.1989\n4.5.1989 (Gazette 27.4.1989 p1152)\n Strata Titles Act Amendment Act 1990\n12.4.1990\n2.8.1990 (Gazette 26.7.1990 p397) except ss 6(b) & 27—1.9.1988: s 2(2)\n Statute Law Revision Act (No. 2) 1990\n22.11.1990\nSch 4—24.12.1990 (Gazette 6.12.1990 p1685)\n Strata Titles (Resolution of Disputes) Amendment Act 1991\n12.12.1991\n2.4.1992 (Gazette 19.3.1992 p876)\n Real Property (Transfer of Allotments) Amendment Act 1992\n14.5.1992\n21.5.1992 (Gazette 21.5.1992 p1468)\n Statutes Amendment (Attorney-General's Portfolio) Act 1992\n14.5.1992\n6.7.1992 (Gazette 2.7.1992 p209)\n Statutes Repeal and Amendment (Development) Act 1993\n27.5.1993\n15.1.1994 (Gazette 27.10.1993 p1889)\n Heritage Act 1993\n27.5.1993\n15.1.1994 (Gazette 27.10.1993 p1890)\n Real Property (Miscellaneous) Amendment Act 1994\n5.5.1994\nSch—8.9.1994 (Gazette 8.9.1994 p728)\n Statutes Amendment (Community Titles) Act 1996 as amended by 43/1997\n9.5.1996\nss 42—45—4.11.1996 (Gazette 31.10.1996 p1460); s 41—9.5.1998 (s 7(5) Acts Interpretation Act 1915)\n Statutes Amendment (Community Titles) Amendment Act 1997\n17.7.1997\n17.7.1997\n Statutes Amendment (Attorney-General's Portfolio) Act 1998\n3.9.1998\nPt 12 (s 21)—13.12.1998 (Gazette 3.12.1998 p1676)\n Financial Sector Reform (South Australia) Act 1999\n17.6.1999\nSch (item 56)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2)\n Statutes Amendment (New Rules of Civil Procedure) Act 2006\n6.7.2006\nPt 71 (ss 223 & 224)—4.9.2006 (Gazette 17.8.2006 p2831)\n Statutes Amendment (Real Property) Act 2008\n8.5.2008\nPt 6 (ss 73—86)—1.6.2009 (Gazette 28.5.2009 p1843)\n Statutes Amendment (Community and Strata Titles) Act 2012\n12.4.2012\nPt 3 (new s 50A (as inserted by s 72))—18.7.2013; ss 46—71, new s 50B (as inserted by s 72), 73 & Sch 1—28.10.2013 (Gazette 18.7.2013 p3075)\n Statutes Amendment (Attorney-General's Portfolio) Act 2013\n18.4.2013\nPt 11 (ss 24 & 25)—28.10.2013 immediately after 8/2012 s 8 (Gazette 6.6.2013 p2498)\n Real Property (Electronic Conveyancing) Amendment Act 2016\n16.6.2016\nSch 2—4.7.2016 (Gazette 30.6.2016 p2761)\n Statutes Amendment (Planning, Development and Infrastructure) Act 2017\n28.2.2017\nPt 26 (ss 83 & 84)—19.3.2021 (Gazette 4.3.2021 p823)\n Statutes Amendment (Strata Schemes) Act 2021\nPt 3 (s 4)—9.12.2021\nBiodiversity Act 2025\n26.6.2025\nSch 5 (cl 98)—uncommenced\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\nPt 1\n\ns 2\ndeleted by 54/1990 s 3(1) (Sch 4)\ns 3\n\ns 3(1)\n\nassistance animal\ninserted by 11/2013 s 24(1)\nbody corporate manager\ninserted by 8/2012 s 46(1)\nbusiness day\ninserted by 8/2012 s 46(2)\nthe Commission\nsubstituted by 54/1993 s 13(a)\n\ndeleted by 5/2017 s 83(1)\nERD Court\ninserted by 8/2012 s 46(3)\nfence\ninserted by 13/1990 s 3(a)\nholder\ninserted by 12/2008 s 73(1)\n\namended by 5/2017 s 83(2)\nordinary resolution\ninserted by 8/2012 s 46(4)\nrelevant animal\ninserted by 11/2013 s 24(2)\nspecial resolution\namended by 8/2012 s 46(5), (6)\nstatutory encumbrance\ninserted by 13/1990 s 3(b) \n\namended by 54/1993 s 13(b)\n\n(c) deleted by 54/1993 s 13(b)\n\namended by 56/1993 Sch 2\n\namended by 12/2008 s 73(2)—(5)\n\namended by 5/2017 s 83(3)\ntherapeutic animal\ninserted by 11/2013 s 24(3)\nPt 2\n\nPt 2 Div 1\n\ns 5\n\ns 5(3)\namended by 12/2008 s 74\ns 5(6)\namended by 13/1990 s 4\ns 5(7)\namended by 78/1991 s 3\nPt 2 Div 2 before deletion by 12/2008\n\ns 7\n\ns 7(4)\namended by 54/1993 s 13(c)\ns 7(6)\namended by 13/1990 s 5(a)\ns 7(7)\namended by 13/1990 s 5(b), (c)\ns 8\n\ns 8(1)\namended by 38/1996 s 41(a)\n9.5.1998\ns 8(1a) and (1b)\ninserted by 38/1996 s 41(b) as substituted by 43/1997 s 2\n9.5.1998\ns 8(4)\namended by 11/1994 Sch\ns 8(5)\nsubstituted by 13/1990 s 6(a)\n\ns 8(6)\nsubstituted by 13/1990 s 6(b)\ns 8(7)\ninserted by 13/1990 s 6(b)\nPt 2 Div 2\ndeleted by 12/2008 s 75\nPt 2 Div 4\n\ns 12\n\ns 12(2)\namended by 13/1990 s 7(a)\n\namended by 12/2008 s 76(1)\ns 12(2a)\ninserted by 12/2008 s 76(2)\ns 12(3)\namended by 54/1993 s 13(d)\n\n(b) deleted by 12/2008 s 76(3)\n\ns 12(3a)\ninserted by 13/1990 s 7(b)\ns 12(3b)\ninserted by 12/2008 s 76(4)\n\namended by 5/2017 s 84(1)\ns 12(3c)\ninserted by 12/2008 s 76(4)\n\namended by 5/2017 s 84(2)\ns 12(4a)\ninserted by 13/1990 s 7(c)\ns 12(5)\nsubstituted by 13/1990 s 7(d)\n\namended by 12/2008 s 76(5)\ns 12(5a)\ninserted by 13/1990 s 7(d)\n\namended by 12/2008 s 76(6)\ns 12(6)\namended by 13/1990 s 7(e)\n\namended by 11/1994 Sch\n\ns 12(6a)\ninserted by 13/1990 s 7(f)\n\ns 12(8)\ninserted by 38/1996 s 42\ns 12A\ninserted by 12/2008 s 77\ns 13\n\ns 13(1)\namended by 8/2012 s 47(1)\ns 13(3a) and (3b)\ninserted by 8/2012 s 47(2)\ns 13(4)\namended by 8/2012 s 47(1)\nPt 2 Div 5\namended by 13/1990 s 8\n\namended by 23/1992 s 7\n21.5.1992\n\ndeleted by 54/1993 s 13(e)\nPt 2 Div 6\n\ns 16\n\ns 16(2)\namended by 13/1990 s 9\n\namended by 12/2008 s 78\n\n(d)(ii) deleted by 29/2016 Sch 2\nPt 2 Div 7\n\ns 17\n\ns 17(1)\ns 17(3)\namended by 12/2008 s 79(1)\n\ns 17(4)\ns 17(4a) and (4b)\ninserted by 8/2012 s 48(2)\ns 17(5)\namended by 12/2008 s 79(2)\n\namended by 8/2012 s 48(1)\n\nsubstituted by 29/2016 Sch 2\ns 17(7)\namended by 13/1990 s 10(a)\n\ns 17(7a)\ninserted by 13/1990 s 10(b)\n\ns 17(9)\ninserted by 38/1996 s 43\nPt 2 Div 7A\ninserted by 38/1996 s 44\nPt 2 Div 8\ninserted by 13/1990 s 11\ns 17A\n\ns 17A(1)\namended by 12/2008 s 80\n\ns 17B\n\ns 17B(2) and (3)\nsubstituted by 11/1994 Sch\ns 17B(4)\ns 17B(5)\namended by 54/1993 s 13(f)\n\ns 17B(6)\namended by 54/1993 s 13(g)\n\nPt 3\n\nPt 3 Div 1\n\ns 19\n\ns 19(3a)—(3d)\ninserted by 8/2012 s 49(1)\ns 19(4)\namended by 11/2013 s 25\ns 19(5)\ninserted by 8/2012 s 49(2)\ns 19A\ninserted by 8/2012 s 50\ns 20\n\ns 20(3)\ndeleted by 78/1991 s 4\ns 22\n\ns 22(1)\n\namended by 78/1991 s 5\ns 23\n\ns 23(1)\namended by 13/1990 s 12(a)\ns 23(1a)\ninserted by 13/1990 s 12(b)\ns 23(5)\n\nsubstituted by 78/1991 s 6\nPt 3 Div 2\n\ns 25\namended by 13/1990 s 13\ns 26\n\ns 26(1)\namended by 33/1999 Sch (item 56(a))\ns 26(2)\namended by 13/1990 s 14(a)\ns 26(3)\namended by 13/1990 s 14(b)\ns 26(6)\ns 26A\ninserted by 8/2012 s 51\ns 27\n\ns 27(2)\namended by 8/2012 s 52(1)\ns 27(4)\nsubstituted by 8/2012 s 52(2)\ns 27(8)\ninserted by 13/1990 s 15\nPt 3 Div 2A\ninserted by 8/2012 s 53\nPt 3 Div 3\n\ns 28\n\ns 28(3)\namended by 8/2012 s 54(1)\ns 28(3a) and (3b)\ninserted by 8/2012 s 54(2)\ns 29\n\ns 29(1)\nsubstituted by 13/1990 s 16\n\namended by 8/2012 s 55(1)\ns 29(1a)\ninserted by 8/2012 s 55(2)\n\nsubstituted by 53/2021 s 4(1)\ns 29(1b)\ninserted by 53/2021 s 4(1)\ns 29(2)\namended by 53/2021 s 4(2)\ns 29(3)\n\ns 29(4)\ns 29(5)\n\ns 29A\ninserted by 26/1992 s 10\nPt 3 Div 4\n\ns 30\n\ns 30(3)\namended by 13/1990 s 17\ns 31\n\ns 31(2)\namended by 13/1990 s 18\ns 31(2a)—(2c)\ninserted by 8/2012 s 56\ns 32\n\ns 32(1)\n\namended by 78/1991 s 8\n\namended by 8/2012 s 57\nPt 3 Div 5\n\ns 33\n\ns 33(2)\namended by 13/1990 s 19(a)\n\namended by 8/2012 s 58(1)\ns 33(3)\namended by 13/1990 s 19(b)\ns 33(3aa)\ninserted by 8/2012 s 58(2)\ns 33(3a)\ninserted by 13/1990 s 19(c)\ns 33(4)\n\namended by 78/1991 s 9\ns 33(4a) and (4b)\ninserted by 8/2012 s 58(3)\ns 33(6)\nsubstituted by 13/1990 s 19(d)\ns 33(7)\namended by 13/1990 s 19(e)\ns 33(8)\ninserted by 13/1990 s 19(f)\n\nsubstituted by 8/2012 s 58(4)\ns 33(9)—(12)\ninserted by 8/2012 s 58(4)\ns 33A\ninserted by 8/2012 s 59\ns 34\n\ns 34(2)\namended by 13/1990 s 20(a)\ns 34(2a)\ninserted by 8/2012 s 60(1)\ns 34(3a)—(3f)\ninserted by 8/2012 s 60(2)\ns 34(5)\namended by 13/1990 s 20(b)\ns 34(6)\nsubstituted by 13/1990 s 20(c)\ns 34(8)\nsubstituted by 13/1990 s 20(d)\n\nsubstituted by 8/2012 s 60(3)\ns 34A\ninserted by 8/2012 s 61\nPt 3 Div 6\n\ns 35\n\ns 35(1)\namended by 13/1990 s 21(a)\n\namended by 8/2012 s 62\ns 35(1a)\ninserted by 13/1990 s 21(b)\ns 35(4)\nsubstituted by 13/1990 s 21(c)\ns 35(4a) and (4b)\ninserted by 13/1990 s 21(c)\ns 35(5)\namended by 8/2012 s 62\ns 35(6)\namended by 13/1990 s 21(d)\ns 35(7)\namended by 13/1990 s 21(e)\nPt 3 Div 6A\ninserted by 38/1996 s 45\ns 36A\namended by 33/1999 Sch (item 56(b))\ns 36B\n\nagent\namended by 33/1999 Sch (item 56(c))\ns 36C\n\ns 36C(4)\namended by 33/1999 Sch (item 56(d))\ns 36E\namended by 33/1999 Sch (item 56(e))\ns 36G\n\ns 36G(3)\namended by 8/2012 s 63(1), (2)\ns 36G(4)\namended by 12/2008 s 81\ns 36H\n\ns 36H(1)\namended by 59/1998 s 21\n13.12.1998\n\namended by 8/2012 s 64(1)\ns 36H(2)\namended by 8/2012 s 64(2)\ns 36I\n\ns 36I(2)\namended by 33/1999 Sch (item 56(f))\ns 36J\namended by 33/1999 Sch (item 56(g))\ns 36L\n\ns 36L(1) and (2)\namended by 33/1999 Sch (item 56(h))\nPt 3 Div 7\n\ns 37\n\ns 37(a1)\ninserted by 12/2008 s 82(1)\ns 37(1)\namended by 12/2008 s 82(2)\ns 37(3)\namended by 12/2008 s 82(3)\ns 37(4)\namended by 12/2008 s 82(4)\nPt 3 Div 8\n\ns 38\n\ns 38(1)\ns 38(2)\nsubstituted by 13/1990 s 22\ns 38(3)\n\ns 39\n\ns 39(2)\ns 39A\ninserted by 8/2012 s 65\ns 40\n\ns 40(2)\ns 41\n\ns 41(1)\namended by 13/1990 s 23(a), (b)\n\namended by 8/2012 s 66(1), (2)\ns 41(1a) and (1b)\ninserted by 8/2012 s 66(3)\ns 41(2a)\ninserted by 13/1990 s 23(c)\n\nPt 3A\ninserted by 78/1991 s 10\ns 41AA\ninserted by 8/2012 s 67\ns 41A\n\ns 41A(1)\namended by 8/2012 s 68(1)—(3)\ns 41A(2)\nsubstituted by 26/1992 s 11(a)\n\nsubstituted by 12/2008 s 83\ns 41A(3)\namended by 17/2006 s 223\ns 41A(4)\namended by 26/1992 s 11(b)\ns 41A(9)\namended by 8/2012 s 68(4)—(6)\ns 41A(10a)\ninserted by 8/2012 s 68(7)\ns 41A(19) before deletion by 8/2012\n\nsmall claim\ndeleted by 26/1992 s 11(c)\ns 41A(19)\ndeleted by 8/2012 s 68(8)\nPt 4\n\ns 44\n\ns 44(2)\nsubstituted by 13/1990 s 24\ns 44(3)\ns 44A\ninserted by 16/1989 s 3\n4.5.1989\ns 44A(2a) and (2b)\ninserted by 13/1990 s 25\ns 46\n\ns 46(a1)\ninserted by 12/2008 s 84(1)\ns 46(1)\namended by 12/2008 s 84(2), (3)\ns 46(2) and (3)\namended by 12/2008 s 84(4)\ns 47\nsubstituted by 8/2012 s 69\ns 48A\ninserted by 12/2008 s 85\ns 49\n\ns 49(1)\nsubstituted by 8/2012 s 70\ns 49(2)\n\nsubstituted by 78/1991 s 11(a)\ns 49(3)\namended by 78/1991 s 11(b)\ns 50\n\ns 50(2) and (3)\nsubstituted by 8/2012 s 71\ns 50(4)\namended by 13/1990 s 26\ns 50(5)\ns 50A\ninserted by 8/2012 s 72\n18.7.2013\ns 50B\ninserted by 8/2012 s 72\ns 51\n\ns 51(2)\n\namended by 8/2012 s 73\nSch 1\ndeleted by 54/1990 s 3(1) (Sch 4)\nSch 2\n\ncl 2\nsubstituted by 13/1990 s 27\ncl 5 before deletion by 12/2008\n\ncl 5(4)\namended by 17/2006 s 224\ncl 5\ndeleted by 12/2008 s 86\nSch 3\n\nArticle 6\namended by 13/1990 s 28\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Community and Strata Titles) Act 2012, Sch 1—Transitional provisions\n1—Delegations made prior to commencement\n\t(1)\tA delegation of functions or powers made by a community corporation before the commencement of section 17 or made by a strata corporation before the commencement of section 53 is revocable as follows:\n\t(a)\tin a case where there is a contract relating to the delegation between the corporation and a body corporate manager—the delegation is revoked on termination or expiry of the contract;\n\t(b)\tin any other case—the delegation is revocable by the corporation at any time by notice given in writing (notwithstanding any agreement to the contrary by the corporation).\n\t(2)\tIn this clause—\nbody corporate manager means a person who carries on a business, or is an employee in a business, that consists of, or includes, acting as a delegate of community corporations under the Community Titles Act 1996 or of strata corporations under the Strata Titles Act 1988.\nHistorical versions\nReprint No 1—2.4.1992\n\nReprint No 2—21.5.1992\n\nReprint No 3—6.7.1992\n\nReprint No 4—15.1.1994\n\nReprint No 5—8.9.1994\n\nReprint No 6—4.11.1996\n\nReprint No 7—9.5.1998\n\nReprint No 8—13.12.1998\n\nReprint No 9—1.7.1999\n\n18.7.2013\n\nAppendix—Divisional penalties and expiation fees\nAt the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:\n\nDivision\nMaximum imprisonment\nMaximum fine\nExpiation fee\n15 years\n$60 000\n—\n10 years\n$40 000\n—\n7 years\n$30 000\n—\n4 years\n$15 000\n—\n2 years\n$8 000\n—\n1 year\n$4 000\n$300\n6 months\n$2 000\n$200\n3 months\n$1 000\n$150\n–\n$500\n$100\n–\n$200\n$75\n–\n$100\n$50\n–\n$50\n$25\nNote: This appendix is provided for convenience of reference only.","sortOrder":23}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess scope or any changes to original intent — the legislation content was not accessible due to a website error. No substantive text was provided for analysis."},"complexity_factors":["No actual legislative content was returned — only a website error page","Cannot assess real complexity of the Act from the provided content","Score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe legislation content for the **Strata Titles Act 1988 (SA)** could not be retrieved. The link provided returned a **\"Page Not Found\"** error from the South Australian legislation website.\n\nThis appears to be caused by a website migration that occurred around **24 March 2026**, which broke older bookmarks and hyperlinks.\n\n### What we do know:\n- This is **South Australian** legislation\n- It relates to **strata titles** — the legal system governing ownership of units, apartments, and other properties within a shared complex (where you own your individual unit but share ownership of common areas like hallways, gardens, and pools)\n- The Act dates from **1988**\n\n### What to do:\nTo access the actual legislation, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for \"Strata Titles Act 1988\" using the site's current search function."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has been materially altered since enactment by multiple amendments that broadened administrative regimes, dispute resolution and regulatory oversight. Notable scope changes reflected in the text include: expansion of delegation and regulation of paid body corporate managers with contract, disclosure and insurance requirements (ss 27A–27C, inserted and expanded by later amendments); creation and tightening of agents' trust account and audit rules (Div 6A, ss 36A–36J); broader court powers and procedures for plan amendment and dispute resolution including ERD Court involvement (s 13; Part 3A, s 41A); mechanisms to deal with statutory encumbrances in amendment applications (s 12A); and added requirements tying plan amendments to planning certificates and time limits (s 12(3b), s 12(3c)). The legislative history appended to the Act shows successive amendments (notably in 1991, 1996, 2008, 2012, 2013, 2016 and 2021) that introduced these elements and therefore changed the Act's original operational scope and administrative detail."},"complexity_factors":["Large number of substantive parts and cross‑references across property, planning and registration law (see s 4 and s 12(3b) requiring certificates under the Planning, Development and Infrastructure Act).","Multiple decision‑makers with differing roles and discretions (Registrar‑General for plan deposit/amendment—ss 5,12; courts for orders and administrators—ss 13,37,41A; Ministerary exemption powers—ss 27B(10) and 31(2b)/(2c)).","Detailed procedural and documentary requirements for plan amendment, amalgamation and cancellation (ss 12,16,17) including valuation and survey certificates (s 12(3)).","Layered governance rules: default articles (Sch 3), special/unanimous/ordinary resolutions (s 3 definitions, ss 19, 33, 34), management committees (s 35) and delegation regimes (ss 27A–27B).","Regulation of third‑party professional actors (body corporate managers, agents) with contract, disclosure, insurance and audit obligations (ss 27A–27D; Div 6A ss 36A–36J).","Financial complexity: levies, reserve funds, recoverable debts, joint and several liability of unit holders and interaction with stamp duty/exemptions on division (ss 27, 21, 17AAA(5)).","Dispute resolution framework spanning Magistrates, District, ERD and Supreme courts with equitable broad powers and transfer rules (s 41A, s 13).","Multiple penalty divisions, timelines and documentary/formal requirements (ss 48, 49, 50) and differing procedural timelines (e.g. 5 business days for disclosure—ss 32, 41).","Interaction with other statutory encumbrances and their holders, and mechanism to vary or terminate statutory encumbrances through strata plan amendment (s 12, s 12A).","Significant legislative amendment history reflected throughout the Act, increasing interpretative complexity (see legislative history and amendment notes)."],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes how land can be divided into a \"strata scheme\": a plan that creates two or more separate \"units\" and common property, and sets the technical requirements for those plans (what must appear on a plan, how unit boundaries are defined and how unit entitlements are calculated) (see s 5, s 6).\n\n- Creates a corporate legal entity called a strata corporation on deposit of a strata plan. The strata corporation holds common property in trust for unit holders, administers and maintains common property, enforces the corporation's articles and may acquire property, borrow and raise funds by levying contributions on unit holders (see s 10, s 18, s 25, s 26, s 27).\n\n- Sets out rights and land‑related consequences when a strata plan is deposited: implied easements between units and between units and common property, vesting of certain public spaces in local councils, and the legal link between common property shares and unit entitlements (see s 9, s 11, s 10).\n\n- Provides processes for changing deposited plans (amendment, amalgamation, cancellation, division), including the documents, consents and valuations required and the Registrar‑General's role in recording the changes (see ss 12–13, 16–17, 17AAA, 12A).\n\n- Defines how owners organise and make decisions: articles (default in Schedule 3 or substituted by special resolution), general meetings, voting systems (ordinary, special and unanimous resolutions), management committees and the duties of officers (see s 19, Sch 3, ss 33–35, s 34).\n\n- Regulates delegation and professional managers: strata corporations may delegate many functions; where delegations are made to body corporate managers (people or businesses paid to manage schemes) special contract, disclosure and insurance requirements apply and the managers owe fiduciary duties (see ss 27A–27C, 27B).\n\n- Requires insurance cover for buildings (replacement value) and liability cover (minimum cover prescribed), and sets rules for application of insurance proceeds (see ss 30–31, 32).\n\n- Establishes financial and record‑keeping obligations: accounts, registers of unit holders, periodic statements for annual meetings, agents' trust account rules, audits and inspection rights for unit holders and prospective purchasers (see ss 33A, 39A, 40, Div 6A (ss 36A–36J), s 41).\n\n- Gives enforcement and dispute resolution routes: strata corporations may require owners to carry out maintenance, may enter units in specified circumstances, and courts (Magistrates, District, ERD or Supreme as appropriate) handle disputes and may order amendments, appoint administrators or make other orders under Part 3A (see ss 28–29, ss 13, 37, 41A).\n\n- Sets offences, penalties and procedural rules for service, fees and prosecutions (see ss 47–50).\n\n\nWho this affects and who pays (practical allocation of costs and decision‑rights)\n\n- Unit holders: pay contributions (levied by ordinary resolution) to meet corporation expenditure and reserve funds; may be jointly and severally liable if the corporation defaults (s 27(1)–(5); s 21). Unit holders are members of the strata corporation and vote at meetings (s 18, s 27(2), s 34).\n\n- Strata corporation: decides on administration, levies and many operational choices by ordinary, special or unanimous resolution as required by the Act (ss 25–27; definitions of resolutions in s 3). It holds common property in trust for unit holders (s 10).\n\n- Original proprietor/developer: initially holds officer positions until the first meeting and must hand over records to the corporation (s 23(3), s 38).\n\n- Body corporate managers and agents: can be remunerated to carry out delegated functions subject to written contracts, prescribed disclosures and professional indemnity insurance (ss 27A–27B; Div 6A (ss 36A–36J)).\n\n- Local councils and Registrar‑General: local councils receive certain vested public land (s 11); the Registrar‑General controls deposit and amendment of plans and has discretionary powers in processing applications (ss 5, 12, 12A, 13).\n\n\nWhy it matters (stated purpose, trade‑offs and practical consequences)\n\n- The Act creates the legal framework to convert land and multi‑unit developments into separately owned units with shared common property, so ownership, maintenance and liability are allocated in statute (s 5, s 10, s 25). That central purpose is explicit in the long title and the structure of Part 2 and Part 3.\n\n- Purpose‑claims (from the Act's structure): the law aims to ensure clarity of boundaries and contributions, protect common property, provide predictable dispute resolution, and regulate professional managers. Those aims are implemented mechanically by statutory requirements for plans, valuations, notices, insurance and court powers (see ss 5, 6, 12, 30–31, 41A, 27B). The costs and trade‑offs introduced by those mechanisms are:\n  - Compliance costs: preparing and lodging plans, obtaining surveyor/value certificates, maintaining records, producing policies or ADI statements on request and paying prescribed fees (ss 12(3)(i)–(iii), 36G, 41(1)–(2), 48).\n  - Ongoing financial burden on unit holders: contributions, insurance premiums and potential special levies; the corporation may recover costs as debts from individual unit holders (s 27(2)–(6)). Unit holders also bear joint/several liability for the corporation's unpaid pecuniary liabilities (s 21).\n  - Administrative discretion and implementation risk: the Registrar‑General has discretion on plan processing and may accept combined applications to vary statutory encumbrances (ss 12, 12A). Courts have broad equitable powers in disputes (s 41A) and may appoint administrators with wide powers (s 37), creating centralised decision points.\n  - Incentives to delegate management: delegations let corporations outsource day‑to‑day administration, but attract regulatory overhead (written contracts, disclosure, insurance) and fiduciary duties for managers (ss 27A–27C). That produces a commercial market for management services while imposing consumer‑protection checks.\n  - Concentrated benefits and substitution effects: developers or early proprietors initially control meetings/offices and records (s 23(3), s 38), which can influence early governance; delegations and contracts with professional managers concentrate operational control in a paid manager (ss 27A–27B).\n\n\nCompliance and enforcement risks\n\n- Compliance burden: audits and retention requirements for agents' trust accounts, periodic presentation of financial statements, and the need to supply information within tight timeframes (e.g. 5 business days for insurance documents and other disclosures) impose administrative tasks and possible fees (ss 32, 36H, 41(1)).\n\n- Enforcement levers: strata corporations can enter units to carry out urgent or otherwise required maintenance after notice, may recover costs as debts and can impose penalties in articles up to statutory caps (ss 28, 27(4)–(6), s 19(3a)–(3d)). Criminal prosecutions for Act offences are summary and commence only with authorised consent (s 50).\n\n\nCross‑law interactions and timing risks\n\n- The Act is to be read with the Real Property Act (s 4), and amendments may require certificates under the Planning, Development and Infrastructure Act (s 12(3b), s 12(3c)). Those cross‑references mean applications can trigger requirements under other statutes and certificates may expire (s 12(3c)), adding procedural complexity and timing risk for developers and corporations.\n\n\nNet effect on private choice and markets (mechanically stated)\n\n- The Act limits certain private dealings with parts of units unless processed by plan amendment or authorised by the corporation (s 44). It also constrains how corporations may dispose of real property (s 26(3)–(6)). Those restrictions channel how owners can subdivide, lease, or alter units and common property, and they create standard governance processes for multi‑owner property.\n\n(Selected section references repeated in the text above: ss 5–6; 10–12; 12A–13; 16–17; 17AAA; 18–19; 25–27; 27A–27C; 28–31; 33–35; 36A–36J; 37; 38; 40–41; 41A; 42–44.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2341},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The long title describes the Act as providing 'for the division of land by strata plan; and for other purposes.' While it began as a land-subdivision mechanism, the legislation has expanded significantly beyond its original conveyancing purpose. It now constitutes a comprehensive regulatory regime for the ongoing governance of strata communities, including: corporate governance structures (meetings, voting, committees); consumer protection rules (regulation of body corporate managers, trust account oversight); mandatory insurance and financial management; dispute resolution jurisdictions; and protections for disabled persons keeping assistance animals. The Act has evolved from a simple property registration statute into a detailed code for community living and professional conduct in the strata sector."},"complexity_factors":["Multiple defined terms (30+) in section 3 including technical concepts like 'statutory encumbrance', 'unit entitlement', and 'special resolution' with specific mathematical voting thresholds","Extensive cross-referencing to other South Australian legislation including the Real Property Act 1886, Planning, Development and Infrastructure Act 2016, and Equal Opportunity Act 1984","Conditional logic based on property type: different rules apply depending on whether all units are non-residential (commercial) or residential, affecting voting, officer eligibility, and alteration powers","Nested procedural requirements for meetings: detailed quorum rules, proxy nomination formalities (section 34(3a)-(3f)), disclosure of pecuniary interests, and remote attendance provisions","Three-tier resolution system (ordinary, special, and unanimous) with specific notice periods and percentage calculations for each","Detailed trust account and audit requirements for agents handling corporation funds (Division 6A) including specific record-keeping periods and auditor powers","Multiple court jurisdictions: allocates disputes between Magistrates Court, District Court, Supreme Court, and the Environment, Resources and Development (ERD) Court depending on the issue type","Complex amendment mechanics for deposited plans involving consent requirements from statutory encumbrance holders, surveyors' certificates, and potential encroachment approvals"],"plain_english_summary":"**What this legislation does**\n\nThe *Strata Titles Act 1988* (SA) creates the legal framework for **strata title schemes** — the system that allows land and buildings to be divided into individually owned units (like apartments, townhouses, or commercial offices) while sharing common areas (like roofs, driveways, and lifts).\n\n**Key things it covers**\n\n*   **Creating a strata scheme**: Sets out how developers must draw up strata plans that define unit boundaries, calculate unit entitlements (which determine voting power and fee shares), and register the plan. Once registered, each unit owner automatically becomes part of a legal entity called a **strata corporation**.\n*   **The strata corporation**: This is the \"body corporate\" that legally owns the common property and runs the building. The Act governs how it operates — including annual general meetings, voting rights (ordinary vs special vs unanimous resolutions), management committees, and the appointment of professional **body corporate managers**.\n*   **Money and insurance**: Requires the corporation to insure buildings for full replacement value, maintain liability insurance, and levy fees (contributions) on owners to pay for maintenance. It also regulates trust accounts when money is handled by agents or managers.\n*   **Rules of the building**: Schedule 3 provides default rules (called **articles**) about noise, pets, parking, and maintenance. Owners can change these by special resolution, but the Act bans certain unfair rules — for example, articles cannot prevent owners from selling their units, leasing them, or keeping assistance animals for disabilities.\n*   **Changing or ending the scheme**: Provides processes for amending strata plans (e.g., redefining boundaries), amalgamating adjacent schemes, or cancelling the strata title entirely (which converts the building back to ordinary land ownership).\n*   **Solving disputes**: Gives the Magistrates Court (and in complex cases, the District Court or Supreme Court) power to resolve fights between owners and the corporation, including orders to reverse unfair decisions, vary contracts with managers, or force someone to repair their unit.\n\n**Who it affects**\n\nAnyone involved in strata-titled property in South Australia: unit owners, tenants (occupiers), property developers, real estate agents who manage strata schemes, and professional body corporate managers.\n\n**Why it matters**\n\nWithout this Act, there would be no legal mechanism to share ownership of a building's structure, no way to compel neighbours to pay for essential repairs (like fixing a leaking roof), and no clear rules for resolving conflicts in apartment blocks. It balances individual property rights with collective responsibility for shared spaces."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/strata-titles-act-1988","history":"/api/acts/strata-titles-act-1988/history","analysis":"/api/acts/strata-titles-act-1988/analysis","conflicts":"/api/acts/strata-titles-act-1988/conflicts","importantCases":"/api/acts/strata-titles-act-1988/important-cases","documents":"/api/acts/strata-titles-act-1988/documents"}}