{"id":"strata-titles-regulations-2018","name":"Strata Titles Regulations 2018","slug":"strata-titles-regulations-2018","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237397,"registerId":"sa-strata-titles-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Strata Titles Regulations 2018","content":"South Australia\nStrata Titles Regulations 2018\nunder the Strata Titles Act 1988\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\nPart 2—Division of land by strata plan\nDivision 1—The strata plan\n4\tPlans and maps to conform with guidelines\n5\tUnit entitlement\nDivision 2—Amendment of deposited strata plan\n6\tApplication for amendment\nDivision 3—Amendment by order of ERD Court\n7\tApplication to ERD Court to amend or cancel strata plan\nDivision 4—Supplementary\n8\tProcedure where whereabouts of certain persons is unknown\nPart 3—The strata corporation\nDivision 1—Constitution of strata corporation\n9\tArticles of strata corporation\n10\tFunctions of secretary and treasurer of strata corporation\nDivision 2—General functions, powers and duties\n11\tPower to raise money\nDivision 3—Delegations by strata corporation\n12\tBody corporate managers\n13\tOffences\nDivision 4—Duty to insure\n14\tOther insurance by strata corporation\nDivision 5—General meetings\n15\tHolding of general meetings\n16\tStatement of expenditure etc\nDivision 6—Agents' trust accounts\nSubdivision 1—Withdrawal of money from trust account and authorised trust accounts\n17\tWithdrawal of money from trust account\n18\tAuthorised trust accounts\nSubdivision 2—Keeping of records\n19\tApplication of Subdivision\n20\tElectronic records\n21\tCash books\n22\tTrust ledger accounts and transfer journals\n23\tReconciliation statements\n24\tPayments of trust money\n25\tReceipts\nSubdivision 3—Audit of trust accounts\n26\tAudit of trust accounts\n27\tAgent's statement\n28\tCertain persons may not audit accounts and records of agents\nDivision 7—Supplementary\n29\tRegister of unit holders\n30\tRecord keeping\n31\tInformation to be furnished\nSchedule 1—Forms\nSchedule 2—Revocation of Strata Titles Regulations 2003\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Strata Titles Regulations 2018.\n2—Commencement\nThese regulations will come into operation on 1 September 2018.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\nAct means the Strata Titles Act 1988;\nEFT means electronic funds transfer;\nEFT confirmation means an official confirmation by an ADI of the processing by the ADI of an EFT.\n\t(2)\tFor the purposes of paragraph (a) of the definition of special resolution in section 3(1) of the Act, the reasons for the proposed resolution are to be set out in the written notice (in addition to the terms of the proposed resolution).\nPart 2—Division of land by strata plan\nDivision 1—The strata plan\n4—Plans and maps to conform with guidelines\nA plan or map lodged with the Registrar‑General for the purposes of the Act must conform with any requirements specified in guidelines issued, from time to time, by the Registrar‑General.\n5—Unit entitlement\nFor the purposes of section 6(3) of the Act, the aggregate unit entitlements of all units defined on a strata plan must be 10 000.\nDivision 2—Amendment of deposited strata plan\n6—Application for amendment\n\t(1)\tFor the purposes of section 12(3)(c)(ii) of the Act, the certificate set out in Schedule 1 Form 1 is prescribed.\n\t(2)\tFor the purposes of section 12(3a)(d)(ii) of the Act—\n\t(a)\tany part of—\n\t(i)\ta structure that sits on footings protruding beyond the boundaries of the site; or\n\t(ii)\ta roof wholly or partly supported by such a structure; or\n\t(iii)\tan attachment to such a structure or roof,\nis an associated structure of a prescribed nature; and\n\t(b)\tthe prescribed distance is 0.20 metres, or such other distance as the Registrar‑General may determine in a particular case.\nDivision 3—Amendment by order of ERD Court\n7—Application to ERD Court to amend or cancel strata plan\nFor the purposes of sections 13(3b) and 17(4b) of the Act, in determining an application to amend or cancel a strata plan, the ERD Court must have regard to the following matters:\n\t(a)\twhether there is evidence that any unit holders object to the amendment or cancellation and, if so, how many unit holders object to it;\n\t(b)\twhether there are to be any adverse consequences to unit holders if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action;\n\t(c)\twhether there are to be any adverse consequences to unit holders if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action;\n\t(d)\tany other reason why it is in the interests of justice that the application should be granted or refused.\nDivision 4—Supplementary\n8—Procedure where whereabouts of certain persons is unknown\nFor the purposes of section 17A(2)(a) of the Act, the information in Schedule 1 Form 2 is prescribed.\nPart 3—The strata corporation\nDivision 1—Constitution of strata corporation\n9—Articles of strata corporation\n\t(1)\tFor the purposes of section 19(3) of the Act, a copy of the resolution will be certified in the prescribed manner if it is certified in accordance with Schedule 1 Form 3.\n\t(2)\tFor the purposes of section 19(3b)(c)(i) of the Act, the notice set out in Schedule 1 Form 4 is prescribed.\n10—Functions of secretary and treasurer of strata corporation\n\t(1)\tThe secretary of a strata corporation has the following functions:\n\t(a)\tto prepare and distribute minutes of meetings of the corporation and submit a motion for confirmation of the minutes of any meeting of the corporation at the next such meeting;\n\t(b)\tto give, on behalf of the members of the corporation and the management committee, the notices required to be given under the Act;\n\t(c)\tto answer communications addressed to the corporation;\n\t(d)\tto convene meetings of the management committee;\n\t(e)\tto attend to matters of an administrative or secretarial nature in connection with the exercise, by the corporation or the management committee, of its functions.\nNote—\nMeetings can also be convened by unit holders and other officers of the corporation—see section 33 of the Act.\n\t(2)\tThe treasurer of a strata corporation has the following functions:\n\t(a)\tto notify unit holders of any contributions to be raised from them in accordance with the Act;\n\t(b)\tto receive, acknowledge, bank and account for any money paid to the corporation;\n\t(c)\tto keep accounting records and prepare financial statements.\nNote—\nThe offices of secretary and treasurer can be held by the same person—see section 23 of the Act.\nDivision 2—General functions, powers and duties\n11—Power to raise money\nFor the purposes of section 27(4)(b) of the Act, interest payable by a unit holder in respect of a contribution, or an instalment of a contribution, that is in arrears must not—\n\t(a)\texceed a rate of 15% per annum; and\n\t(b)\tcomprise interest on unpaid interest.\nDivision 3—Delegations by strata corporation\n12—Body corporate managers\n\t(1)\tFor the purposes of section 27B(2)(b) of the Act, a body corporate manager must provide the strata corporation with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out—\n\t(a)\tthe name of the body corporate manager; and\n\t(b)\tthe name of the insurer; and\n\t(c)\tthe nature of the policy; and\n\t(d)\tthe amount for which indemnity is provided under the policy.\n\t(2)\tFor the purposes of section 27B(2)(c) of the Act, a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n\t(3)\tFor the purposes of section 27B(3)(f) of the Act, a contract between a body corporate manager and a strata corporation must contain the following particulars:\n\t(a)\ta statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by the Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n\t(b)\tan undertaking by the body corporate manager that the body corporate manager will allow any unit holder of the strata corporation to inspect, at any time during ordinary business hours, the records of the strata corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n\t(4)\tFor the purposes of section 27B(8) of the Act, the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the strata corporation and its members, including—\n\t(a)\tthe right to inspect records held by the manager; and\n\t(b)\tthe right to revoke the delegation of a particular function of the manager; and\n\t(c)\tthe right to appoint the manager as a proxy and revoke that appointment; and\n\t(d)\tthe right to be informed of any payment that the manager receives from another trader for placing the corporation's business; and\n\t(e)\tthe right to terminate the contract; and\n\t(f)\tthe right to apply to the Magistrates Court for a resolution of any dispute.\n13—Offences\n\t(1)\tFor the purposes of section 27D(6)(a) of the Act, records—\n\t(a)\tmust be returned to the corporation within 10 business days following the revocation of the delegations—\n\t(i)\tin the case of electronic records—by emailing the records to an email address provided by the corporation for that purpose or by sending a USB or other electronic form of the records by registered post; or\n\t(ii)\tin any other case—by registered post; or\n\t(b)\tmust be made available for collection by the corporation within 10 business days following the revocation of the delegations.\n\t(2)\tFor the purposes of section 27D(6)(b) of the Act, trust money must be—\n\t(a)\treturned by EFT; or\n\t(b)\treturned by cheque sent by registered post; or\n\t(c)\tmade available for collection by the corporation,\nwithin 7 business days following the revocation of the delegations.\n\t(3)\tFor the purposes of section 27D(7)(b) of the Act, the fee must not exceed $1.40 per page.\nDivision 4—Duty to insure\n14—Other insurance by strata corporation\n\t(1)\tFor the purposes of section 31(2) of the Act, insurance cover for liability in tort must be for at least $10 000 000.\n\t(2)\tFor the purposes of section 31(2a) of the Act—\n\t(a)\ta policy of fidelity guarantee insurance must insure a strata corporation in the amount of—\n\t(i)\tthe maximum total balance of the corporation's bank accounts at any time in the preceding 3 years; or\n\t(ii)\t$50 000,\nwhichever is higher;\n\t(b)\tstrata corporations with no administrative or sinking funds are not required to maintain fidelity guarantee insurance.\nDivision 5—General meetings\n15—Holding of general meetings\n\t(1)\tFor the purposes of section 33(4b)(c)(v) of the Act, the agenda for an annual general meeting must include—\n\t(a)\tthe appointment of the presiding officer, treasurer and secretary of the corporation; and\n\t(b)\tother appointments to be made or revoked by the corporation at the meeting; and\n\t(c)\tthe policies of insurance required by the Act to be held by the corporation; and\n\t(d)\tthe number of applications for relief made under Part 3A of the Act and the nature of the claims or disputes the subject of those applications; and\n\t(e)\tif it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 27B of the Act—\n\t(i)\tthe text of the resolution to enter into, or renew or extend, the contract; and\n\t(ii)\twhere and when a copy of the contract or proposed contract, and the pamphlet referred to in regulation 12(4), can be viewed or obtained by members of the corporation; and\n\t(f)\tproposed controls on expenditure by delegates of the corporation.\n\t(2)\tFor the purposes of section 33(9) of the Act, if a member of the corporation has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the corporation, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n\t(3)\tFor the purposes of section 33(10) of the Act, the following procedures must be followed at a meeting to which that subsection applies:\n\t(a)\tthe body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n\t(b)\tthe manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting—\n\t(i)\tthat he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n\t(ii)\tthat he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the corporation acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n\t(iii)\tthat he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n\t(c)\tthe manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n\t(4)\tFor the purposes of section 33(11) of the Act, a unit holder may attend and vote at a meeting by means of remote communication—\n\t(a)\tif—\n\t(i)\tthe articles of the corporation make provision for attendance and voting at meetings by unit holders by means of remote communication; and\n\t(ii)\tthe unit holder complies with any applicable requirements specified in those articles; or\n\t(b)\tif—\n\t(i)\tthe unit holder makes a request in writing, given to the secretary of the corporation, to attend and vote at the meeting by means of remote communication; and\n\t(ii)\tthe secretary of the corporation makes the necessary arrangements to receive and record the unit holder's attendance and voting at the meeting by remote communication; and\n\t(iii)\tthe unit holder complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n16—Statement of expenditure etc\n\t(1)\tFor the purposes of section 33A(1)(a) of the Act, the prescribed period is—\n\t(a)\tin the case of a strata corporation consisting of at least 7 but not more than 20 strata units—3 years; or\n\t(b)\tin the case of a strata corporation consisting of more than 20 strata units—5 years.\n\t(2)\tFor the purposes of section 33A(2) of the Act, new information must be prepared for the purposes of section 33A(1)(a) of the Act—\n\t(a)\tif the proposed expenditure (other than recurrent expenditure) is for a period of 3 years—every 3 years; or\n\t(b)\tif the proposed expenditure (other than recurrent expenditure) is for a period of 5 years—every 5 years.\n\t(3)\tFor the purposes of section 33A(4) of the Act, the following classes of strata corporations are excluded from the operation of section 33A(1)(a) and (2) of the Act:\n\t(a)\tstrata corporations consisting of 6 or fewer strata units;\n\t(b)\tstrata corporations that have buildings and other improvements on their common property insured for a sum not exceeding $100 000.\nDivision 6—Agents' trust accounts\nSubdivision 1—Withdrawal of money from trust account and authorised trust accounts\n17—Withdrawal of money from trust account\n\t(1)\tFor the purposes of section 36D(b) of the Act, such fees, costs or disbursements that the corporation has agreed in writing to pay to the agent are authorised.\n\t(2)\tAn agent who becomes entitled to money held in the agent's trust account in or towards satisfaction of the agent's fees, costs or disbursements must, as soon as practicable and in any event, within 3 months, transfer the money to an account maintained by the agent for receipts other than trust money.\nMaximum penalty: $500.\n18—Authorised trust accounts\nFor the purposes of section 36E of the Act, accounts for the time being approved by the Commissioner for Consumer Affairs in relation to the holding of trust money under the Land Agents Act 1994 and the Conveyancers Act 1994 are prescribed.\nSubdivision 2—Keeping of records\n19—Application of Subdivision\nThis Subdivision applies in relation to the keeping of records for the purposes of section 36G of the Act.\n20—Electronic records\n\t(1)\tRecords required to be made under this Subdivision may be made in electronic form.\n\t(2)\tIf records are made in electronic form—\n\t(a)\teach alteration of the record must be recorded electronically within 24 hours of the alteration; and\n\t(b)\ta back-up version of all electronic records must be made at least once per week and must be accessible from premises other than those at which the original record was made; and\n\t(c)\tthe records must not be deleted unless a hard copy is made of them; and\n\t(d)\ta hard copy of the records must be capable of being produced on request at any time; and\n\t(e)\tan up-to-date electronic copy of the computer program or application used by the agent to keep the records must be accessible from premises other than those at which the records were originally made.\n21—Cash books\n\t(1)\tAn agent must keep a cash book containing the following details in relation to each amount of trust money received or paid by the agent:\n\t(a)\tthe date of the receipt or payment;\n\t(b)\tevidence of the receipt or payment including—\n\t(i)\tin the case of an EFT—the EFT confirmation; and\n\t(ii)\tin the case of a cheque—the reference number of the cheque;\n\t(c)\tthe amount received or paid;\n\t(d)\tthe name of the person from whom the money is received or to whom the payment is made;\n\t(e)\tthe name of the strata corporation or reference to which the transaction relates;\n\t(f)\tbrief particulars of the purpose of the receipt or payment.\n\t(2)\tThe details required to be recorded under subregulation (1) in relation to a receipt or payment must—\n\t(a)\tappear together in chronological order of—\n\t(i)\tin the case of receipt or payment by EFT—the EFT confirmation; or\n\t(ii)\tin any other case—the date of the receipt or payment; and\n\t(b)\tbe recorded within 2 business days following the receipt or payment or, in the case of an EFT, the EFT confirmation.\n22—Trust ledger accounts and transfer journals\n\t(1)\tAn agent must keep a separate trust ledger account in accordance with this regulation—\n\t(a)\tfor each of the agent's clients; and\n\t(b)\tif the agent performs services for a strata corporation in respect of a number of transactions between different parties—for each such transaction.\n\t(2)\tEach trust ledger account—\n\t(a)\tmust specify, in each of the separate accounts—\n\t(i)\tthe name and address of the corporation to which the accounts relate; and\n\t(ii)\ta brief description of the service provided and the transaction to which the accounts relate; and\n\t(b)\tmust contain the following details in relation to each amount of trust money received or paid:\n\t(i)\tthe date of the receipt or payment;\n\t(ii)\tevidence of the receipt or payment including—\n\t(A)\tin the case of an EFT—the EFT confirmation; and\n\t(B)\tin the case of a cheque—the reference number of the cheque;\n\t(iii)\tthe amount received or paid;\n\t(iv)\tthe name of the person from whom the money is received or to whom the payment is made;\n\t(v)\tbrief particulars of the purpose of the receipt or payment.\n\t(3)\tThe agent must record each transfer of money between any of the agent's separate accounts—\n\t(a)\tin each account; and\n\t(b)\tin a transfer journal (which may be in electronic form),\nin sufficient detail that the transfer may be clearly understood.\n\t(4)\tAll the details required to be recorded in a trust ledger account or a transfer journal under this regulation must—\n\t(a)\tappear together in chronological order of—\n\t(i)\tin the case of receipt or payment by EFT—the EFT confirmation; or\n\t(ii)\tin any other case—the date of the receipt or payment; and\n\t(b)\tbe recorded within 2 business days following the receipt or payment or, in the case of an EFT, the relevant EFT confirmation.\n23—Reconciliation statements\nThe following provisions apply in relation to the preparation of reconciliation statements:\n\t(a)\tan agent must, at the end of each month, prepare reconciliation statements—\n\t(i)\treconciling the balance of the agent's cash books kept under regulation 21 with the balance of the agent's trust account; and\n\t(ii)\treconciling the balances of the ledgers comprised in the agent's trust ledger accounts with the balance of the agent's trust account;\n\t(b)\treconciliation statements are not required to contain a list of individual balances, or the names of the corporations on whose behalf money is held.\n24—Payments of trust money\n\t(1)\tAn agent must not make a payment of trust money in cash.\nMaximum penalty: $500.\n\t(2)\tIf an agent makes a payment of trust money by cheque—\n\t(a)\tthe cheque must be marked with the name of the agent and the words \"Trust Account\"; and\n\t(b)\t—\n\t(i)\tthe cheque must be crossed and endorsed \"Not negotiable\"; or\n\t(ii)\tthe agent must obtain from the person receiving the cheque a receipt that is legible and contains the following information:\n\t(A)\tthe date and reference number of the cheque;\n\t(B)\tparticulars identifying the trust account against which the cheque is drawn;\n\t(C)\tthe name of the payee;\n\t(D)\tbrief particulars of the purpose of the payment;\n\t(E)\tthe amount of the cheque.\n25—Receipts\nFor the purposes of section 36G(2)(a) of the Act, the following requirements relating to receipts of trust money are specified:\n\t(a)\teach receipt must contain the following information:\n\t(i)\t—\n\t(A)\tin the case of a payment made by EFT into an agent's trust account—the date on which the agent makes out the receipt;\n\t(B)\tin any other case—the date of the payment;\n\t(ii)\tthe name of the person making the payment;\n\t(iii)\twhether the payment is by cash, EFT, cheque or bank cheque into the agent's trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n\t(iv)\tthe name of the strata corporation for which the money is received;\n\t(v)\tbrief particulars of the purpose of the payment;\n\t(vi)\tthe amount of the payment;\n\t(b)\ta hard copy of each receipt must be produced in duplicate and marked with the name of the agent and the words \"Trust Account\";\n\t(c)\teach receipt must show, by means of a pre‑numbered referencing system, the chronological order of its production;\n\t(d)\tthe duplicate receipts must be in consecutive order;\n\t(e)\treceipts must be produced—\n\t(i)\tin the case of a payment by EFT—immediately after the agent receives official confirmation that the payment has been made (whether by EFT confirmation or some other confirmation, whichever occurs sooner); or\n\t(ii)\tin any other case—immediately on receipt of the payment.\nSubdivision 3—Audit of trust accounts\n26—Audit of trust accounts\n\t(1)\tFor the purposes of section 36H(1)(a) of the Act, the audit period in respect of which an agent must have the accounts and records audited is each financial year.\n\t(2)\tIn carrying out an audit, the auditor must—\n\t(a)\tmake checks that will enable the auditor to give an opinion as to whether the agent has, during the period covered by the audit, complied with the Act and these regulations relating to the agent's accounts and records; and\n\t(b)\tascertain what trust accounts were kept by the agent during that period; and\n\t(c)\tmake a general test examination of any trust account kept by the agent and of the pass books and statements relating to any such account during that period; and\n\t(d)\tmake a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between—\n\t(i)\tthe liabilities of the agent to the agent's clients as shown by the agent's trust ledger accounts and the records kept under these regulations; and\n\t(ii)\tthe aggregate of the balances standing to the credit of the agent's trust account; and\n\t(e)\task for such information and explanations as the auditor may require for the purposes of this regulation.\n\t(3)\tFor the purposes of section 36H(1)(b) of the Act, the statement relating to the audit must be prepared by the auditor and must include all matters relating to the agent's accounts and records that should, in the auditor's opinion, be communicated to the strata corporation and, in particular, deal with each of the following matters:\n\t(a)\twhether the accounts and records appear to have been kept regularly and properly written up at all times;\n\t(b)\twhether the accounts and records have been ready for examination at the periods appointed by the auditor;\n\t(c)\twhether the agent has complied with the auditor's requirements;\n\t(d)\twhether, at any time during the period of the audit, the agent's trust account was overdrawn and, if so, the full explanation for that given by the agent;\n\t(e)\twhether the agent has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the agent;\n\t(f)\twhether the auditor has received and examined the notice given to the auditor under regulation 27 and the result of that examination;\n\t(g)\tif the agent's accounts and records are kept electronically, whether the accounts and records are able to be conveniently and properly audited.\n\t(4)\tThe auditor must attach to the auditor's statement a copy of the agent's notice delivered to the auditor under regulation 27(1).\n\t(5)\tThe auditor must verify the statement by statutory declaration and give a signed copy of the statement to the agent.\n\t(6)\tIf the auditor in the course of auditing the agent's accounts and records discovers—\n\t(a)\tthat they are not kept in a manner that enables them to be properly audited; or\n\t(b)\ta matter that appears to the auditor to involve dishonesty or a breach of the law by the agent; or\n\t(c)\ta loss or deficiency of trust money or a failure to pay or account for trust money; or\n\t(d)\ta failure to comply with the Act or these regulations,\nthe auditor must, as soon as possible, give a report in respect of the discovery to the Minister and the agent concerned.\nMaximum penalty: $500.\n\t(7)\tHowever, the auditor is not required to give a report to the Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that—\n\t(a)\tbringing the discovery to the attention of the agent or strata corporation will adequately deal with the matter; and\n\t(b)\tthe loss, deficiency or failure does not involve dishonesty or a breach of the law.\n\t(8)\tFor the purposes of section 36H(2)(b) of the Act, an agent must forward an audit statement or declaration within 2 months after the end of each audit period.\n27—Agent's statement\n\t(1)\tAn agent who is required to have accounts and records audited must, before the completion of the audit, certify—\n\t(a)\tunder the agent's hand; or\n\t(b)\tin the case of a firm of agents—under the hands of not less than 2 partners of the firm; or\n\t(c)\tin the case of a body corporate agent—under the hands of not less than 2 directors of the body,\nand deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of—\n\t(d)\tthe names of all corporations on whose behalf the agent is holding trust money and the amount of the credit of each such corporation; and\n\t(e)\tall negotiable or bearer securities or deposit receipts in the name of the agent which represent money drawn from the agent's trust account and which were held by the agent on that day; and\n\t(f)\t—\n\t(i)\tthe names of the trust accounts in which the balance of the agent's trust money is lodged and the balances on that date of those accounts; and\n\t(ii)\tif the trust account balances are not in agreement with the balances of the agent's ledger accounts—a statement reconciling those balances.\nMaximum penalty: $500.\n\t(2)\tThe notice must be verified by statutory declaration—\n\t(a)\tof the agent; or\n\t(b)\tin the case of a firm of agents—of not less than 2 of the partners of the firm; or\n\t(c)\tin the case of a body corporate agent—of not less than 2 directors of the body.\n\t(3)\tThe agent must give the auditor making the next succeeding audit of the agent's accounts and records—\n\t(a)\tat the request of the auditor, a copy of the notice, together with a signed copy of the auditor's statement of the last preceding audit of the agent's accounts and records; or\n\t(b)\tif the agent's accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purpose of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\nMaximum penalty: $500.\n28—Certain persons may not audit accounts and records of agents\nA person must not audit the accounts and records of an agent if the person—\n\t(a)\tis, or has been within 2 years, an employee or partner of the agent; or\n\t(b)\tis an employee of another agent actually carrying on business as an agent; or\n\t(c)\tis, himself or herself, an agent carrying on business as an agent.\nMaximum penalty: $500.\nDivision 7—Supplementary\n29—Register of unit holders\nFor the purposes of section 39A(2) of the Act, the period for which a strata corporation must keep a record of information used to compile the register of unit holders is at least 7 years.\n30—Record keeping\nFor the purposes of section 40(1)(d) of the Act, the following periods are prescribed:\n\t(a)\tfor minute books—30 years;\n\t(b)\tfor accounting records—7 years;\n\t(c)\tfor any statements of account—7 years;\n\t(d)\tfor notices or orders served on the strata corporation—7 years;\n\t(e)\tfor correspondence—7 years;\n\t(f)\tfor notices of meetings—7 years;\n\t(g)\tfor documentary material received by the strata corporation under section 38(3)(b) or (c) of the Act—30 years.\n31—Information to be furnished\n\t(1)\tFor the purposes of section 41(1)(c)(iii) of the Act, documentary material received by the strata corporation under section 38(3) of the Act is prescribed.\n\t(2)\tSubject to subregulation (3), the following fees are prescribed for the purposes of section 41(2) of the Act:\n\t(a)\tif an application is made for all or any of the information referred to in section 41(1)(a)—\n\t(i)\tif the applicant is the owner of a unit—no fee;\n\t(ii)\tin any other case—$40 per application;\n\t(b)\tif an application is made for copies of all or any of the documentary material referred to in section 41(1)(b)—\n\t(i)\tif the applicant is the owner of a unit—$8 per application;\n\t(ii)\tin any other case—$40 per application, plus an additional $16 if the application is for, or includes a request for, a copy of current policies of insurance taken out by the strata corporation;\n\t(c)\tif an application is made to inspect all or any of the documentary material referred to in section 41(1)(c)—\n\t(i)\tif the applicant is the owner of a unit—no fee;\n\t(ii)\tin any other case—$8 per application.\n\t(3)\tIf GST is payable in relation to goods, services or other things supplied in response to an application referred to in subregulation (2), the fee prescribed by that subregulation is increased so that, after deduction of the GST, the amount of the fee remaining is equal to the fee prescribed by subregulation (2).\n\t(4)\tThe strata corporation may, as it thinks fit, reduce or waive any fees under subregulation (2).\n\t(5)\tIn this regulation—\nGST means the tax payable under the GST law;\nGST law means—\n\t(a)\tA New Tax System (Goods and Services Tax) Act 1999 (Commonwealth); and\n\t(b)\tthe related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods, services and other things.\nSchedule 1—Forms\nForm 1\t\n(regulation 6)\nCertificate of licensed surveyor\nI [insert name of licensed surveyor], a licensed surveyor under the Survey Act 1992, certify that the attached plan correctly delineates the units, common property and buildings on the site comprised in the plan.\nDate [insert date]\nSignature of licensed surveyor [insert signature]\nForm 2\t\n(regulation 8)\nNotice of prescribed information where person's whereabouts are unknown\nRegarding the land comprised in Certificate(s) of Title Register Book Volume [insert Register Book Volume and Folio number(s)] (the \"subject land\")\nTo [insert name of person whose consent is required], of [insert person's last address, as appears in Register Book], having the following interest in the subject land [describe the person's interest in the subject land],\nI/we*[insert name of each applicant], of [insert address of each applicant] hereby notify you that—\n\t(a)\tI/we* intend to make application to the Registrar-General under [insert relevant provision of the Act] of the Strata Titles Act 1988 in respect of the subject land; and\n\t(b)\tyour consent to [give particulars of the application or related matter to which consent is required] is required and hereby sought to enable deposit/amendment* of the strata plan for the subject land; and\n\t(c)\tif you intend to refuse that consent and you fail to lodge an objection with the Registrar-General within 28 days from the date on which this notice is—\n\t(i)\tposted to you; or\n\t(ii)\tpublished in a newspaper circulating generally throughout the State; or\n\t(iii)\tin the case of an application involving an encroachment*—left in a conspicuous place on or near the land over which the encroachment has occurred,\n(whichever occurs last), section 17A of the Strata Titles Act 1988 empowers the Registrar-General to proceed with the application to deposit/amend* the strata plan without your consent and your consent will, by law, be taken to have been given.\nDate [insert date]\nSignature(s) of person(s) giving notice [insert signature(s)]\n* Strike out whichever is inapplicable. In the case of 2 or more applicants, include the required details for each applicant.\nForm 3\t\n(regulation 9(1))\nCertificate of amendment of articles\nStrata Corporation No [insert number of strata corporation] Incorporated\nI [insert name of officer of strata corporation], of [insert address of officer], being an officer of the above strata corporation, certify that the attached resolution is a true and correct copy of a special resolution amending the articles of the strata corporation passed at a duly convened meeting of the strata corporation on [insert date of meeting].\nDate [insert date]\nSignature of officer [insert signature]\nNote—\nThis certificate must be accompanied by any new articles, or variations to existing articles, passed by the strata corporation pursuant to the special resolution.\nForm 4\t\n(regulation 9(2))\nPenalty notice\nTo [insert name and unit number of the person to whom notice is given]\nThe [insert name of the strata corporation giving notice] gives you notice that you have contravened or failed to comply with [specify the by‑law or article that has been contravened or not complied with] by [set out the details of the contravention or non‑compliance].\nThe penalty of [specify the amount of the penalty] is payable to the strata corporation by you not later than [specify the date for payment].\nIf you do not pay the penalty as required by this notice, the penalty is recoverable from you by the strata corporation as a debt. If this notice is served on you as a unit holder, the penalty may be recovered by the corporation under section 27 of the Strata Titles Act 1988 (and interest will be payable on the penalty amount in the same way as if it were such a contribution).\nUnder section 19(3b)(e) of the Act you are entitled to apply to the Magistrates Court for revocation of this notice. The application must be made within 60 days after service of this notice. If you make such an application, the penalty specified in this notice is not payable unless the application is withdrawn or otherwise discontinued by you, 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).\nSchedule 2—Revocation of Strata Titles Regulations 2003\nThe Strata Titles Regulations 2003 are revoked.\nLegislative history\nNotes\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.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2018\n193\nGazette 2.8.2018 p2994 \n1.9.2018: r 2\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with their original purpose of operationalising the Strata Titles Act 1988. They cover the expected areas: plan lodgement, corporation governance, financial management, and insurance. The 2018 version consolidates and updates previous regulations without apparent scope creep."},"complexity_factors":["Extensive cross-referencing to the parent Strata Titles Act 1988 (nearly every provision references a specific section of the Act)","Detailed technical requirements for financial record-keeping (cash books, trust ledger accounts, transfer journals, reconciliation statements) with specific timeframes (2 business days, 24 hours, monthly, weekly)","Multiple conditional provisions with nested sub-paragraphs (e.g., regulation 15(4) has two alternative pathways for remote voting, each with multiple sub-conditions)","Prescribed forms with detailed field requirements in Schedule 1","Variable requirements based on strata corporation size (e.g., regulation 16 distinguishes between corporations with 7-20 units vs more than 20 units vs 6 or fewer units)","Interaction with other legislation (Land Agents Act 1994, Conveyancers Act 1994, GST law)","Specific monetary thresholds throughout ($1.5m insurance, $10m liability cover, $50,000 fidelity guarantee, $1.40 per page copying fee, $40/$8 application fees)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the detailed rules for how strata title schemes operate in South Australia. Strata title is a system of property ownership where you own your individual unit (like an apartment) plus share ownership of common areas (like hallways, gardens, and roofs) with other unit owners.\n\n**Who it affects:**\n- **Unit owners** — people who own apartments, townhouses, or commercial units in a strata scheme\n- **Strata corporations** — the legal body made up of all unit owners that manages the common property\n- **Body corporate managers** — professional managers hired to run strata corporations\n- **Real estate agents** — who handle trust money for strata corporations\n\n**Key things the rules cover:**\n\n- **Creating strata plans** — technical requirements for survey plans, including that total unit entitlements must add up to 10,000 (this determines voting power and cost-sharing)\n\n- **Running meetings** — what must go on agendas, how people can attend remotely, and special rules when body corporate managers want to chair meetings\n\n- **Money matters** — detailed bookkeeping rules for agents holding strata money in trust accounts, including:\n  - How to record receipts and payments\n  - Monthly reconciliation requirements\n  - Annual audits\n  - Maximum interest rates on overdue contributions (15% per year, no compounding)\n\n- **Insurance** — minimum cover requirements:\n  - $10 million for public liability\n  - Fidelity guarantee insurance (to cover theft by office-bearers) based on the corporation's bank balance or $50,000, whichever is higher\n\n- **Record keeping** — how long to keep different records (7 years for most things, 30 years for minutes and certain documents)\n\n- **Fees** — what corporations can charge for providing information to non-owners (owners generally get information free)\n\n- **Professional standards** — body corporate managers must carry $1.5 million professional indemnity insurance and provide specific contract terms\n\n**Why it matters:**\nThese rules protect unit owners from mismanagement of their collective funds, ensure transparency in how strata corporations operate, and set clear standards for professionals working in the industry. If you're buying into a strata scheme, these regulations help ensure your investment is properly managed and that you have rights to information about how your money is spent."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of the regulations changed from original legislative intent — the full text of the Strata Titles Regulations 2018 (SA) was not retrievable due to a broken link resulting from a website migration on 24 March 2026."},"complexity_factors":["No legislative content was available for analysis — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual text of the regulations","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"The Strata Titles Regulations 2018 (SA) are subordinate rules that implement the state’s strata title framework—setting practical requirements for creating and managing strata schemes, owners corporations, fees, documentation and dispute processes.  \n\nThey primarily affect apartment/unit owners, developers, property managers, owners corporations and legal/conveyancing professionals who work with strata property in South Australia."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"These regulations replace the Strata Titles Regulations 2003 (Schedule 2) and shift many operational details into regulation: they prescribe numeric thresholds, documentary forms and precise administrative procedures (for example, aggregate unit entitlement at reg 5, interest cap at reg 11, insurance minima at regs 12(2) and 14(1)–(2), and detailed trust‑account rules regs 20–27). That substitution narrows administrative discretion by fixing concrete requirements and timelines where the Act previously provided the framework."},"complexity_factors":["Cross-references to multiple provisions of the Strata Titles Act 1988 throughout the regulations, requiring readers to consult both instruments (see regs 3(1) definition references and multiple 'for the purposes of section...' clauses).","Prescriptive financial/administrative rules for agents' trust accounts and records (electronic record rules, cash book, trust ledgers, transfer journals, reconciliations) with short timeframes for entries (regs 20–23, 21(2), 22(4)).","Detailed audit and reporting obligations for agents including auditor duties, statutory declarations and mandatory reporting to the Minister on serious findings (regs 26–27, esp. 26(2)–(6)).","Specific numeric minima, caps and thresholds that change operational choices (aggregate unit entitlement = 10,000 at reg 5; interest cap 15% p.a. and no compound interest at reg 11; PI insurance minimum $1.5M at reg 12(2); tort liability cover $10M at reg 14(1); fidelity guarantee formula at reg 14(2)).","Multiple short statutory deadlines for returning records, trust money and audit statements after delegation revocation or audit periods (regs 13(1)–(2), 26(8), 27(1)).","Prescribed forms and content requirements (Schedule 1 Forms 1–4) that fix the documentary mechanics for surveyor certificates, notices and penalty forms (Schedule 1).","Procedural rules affecting meetings and proxies including remote attendance conditions and disclosure duties for managers (regs 15(2)–(4)).","Fee and fee-calculation rules linked to GST and classes of applicants, requiring administrative decisions about waivers and collection (reg 31(2)–(4)).","Revocation of the 2003 regulations and replacement with these prescriptive rules, increasing transitional and implementation complexity for practitioners (Schedule 2).","Enforceable penalties and limits on recoverable costs (maximum penalties and per-page fee cap at reg 13(3), other monetary caps at regs 17(2), 24(1))."],"plain_english_summary":"These regulations set detailed operational rules under the Strata Titles Act 1988 for strata plans, strata corporations, body corporate managers and agents in South Australia. They prescribe formats, time limits and minimums for unit entitlement, meeting procedures, insurance, manager contracts, trust‑account recordkeeping and audits, and fees. Owners, corporations and contracted managers/agents must follow the specified processes and documentary forms when creating, amending or administering strata schemes."}},"importantCases":[],"_links":{"self":"/api/acts/strata-titles-regulations-2018","history":"/api/acts/strata-titles-regulations-2018/history","analysis":"/api/acts/strata-titles-regulations-2018/analysis","conflicts":"/api/acts/strata-titles-regulations-2018/conflicts","importantCases":"/api/acts/strata-titles-regulations-2018/important-cases","documents":"/api/acts/strata-titles-regulations-2018/documents"}}