How does the new WA Community Title Legislation impact existing strata schemes? Most of the information coming out seems to be aimed at land developers.
Is the new WA Community Title Legislation applicable to existing strata schemes? Most of the information coming out seems to be aimed at land developers
Will existing multi use strata scheme buildings, with constant in-fighting over management/common areas/cost allocations, etc. be able to adopt the community title format to try and offset some tension?
If so, what consequences might be anticipated in doing so, and would this entail the winding up of the strata scheme to facilitate a community title scheme?
Otherwise is there a better way, under the existing strata legislation, to tackle these issues?
The Community Title Legislation will have no impact on any existing strata scheme as it is for new developments.
The Community Title Legislation will have no impact on any existing strata scheme as it is for new developments.
Old strata schemes wanting to “swap over” to CTS would first need to Terminate their existing strata scheme.
This poses a whole raft of unique problems as far as the existing encumbrances on each Title in the scheme.
I would imagine that dealing with everyone’s Mortgagee or any Caveats or Leases that may have been registered will increase the degree of difficulty immensely.
Unfortunately, while the new CTS may offer what appears to be a greener pasture, there will always remain the problem of different opinions and egos, no matter which Act you are governed under.
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Previous experience has been gained whilst I was employed at Landgate for 35 years formerly the old Titles Office. During that period, I was primarily involved with the examination of registration documents, appointed as an Assistant Registrar of Titles, took a keen interest in the Strata Titles Act.
I was involved in various committees when the last changes to the Strata Titles Act were enacted in 1995 and 1996.
After leaving Landgate in 2013 I started working for myself as a Strata Consultant at Strata Title Consult Pty Ltd, providing services relating to the interpretation of strata plans and by-laws, re-subdivisions, mergers and conversions, attending strata meetings and provided assistance in other strata matters.
Recently events have seen me complete an appointment as an Administrator of a strata scheme which started out as a 12 month appointment and was extended for an additional six months. Shane's LinkedIn Profile. Shane is a regular contributor to LookUpStrata.
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