FactSheet: Strata Information South Australia

Community Titles Act 1996

An Act to provide for the division of land into lots and common property; to provide for the administration of the land by the owners of the lots; and for other purposes.

Strata Titles Act 1988

An Act to provide for the division of land by strata plan; and for other purposes.

Statutes Amendment (Community and Strata Titles) Act 2012

An Act to amend the Community Titles Act 1996 and the Strata Titles Act 1988.

Strata and Community Titles Fact Sheet

Land Services Group, Dept of Planning, Transport and Infrastructure

Legal Services Commission of South Australia

Strata and Community Titles

Legal Services Commission of South Australia with assistance from the Lands Titles Office
The booklet is about residential strata and community titles. If you are planning to buy a strata or community titled property, there are some important legal matters that you should know.

Strata Information South Australia

the Statutes Amendment (Community and Strata Titles) Act 2012 changed the laws (the Community Titles Act 1996 and the Strata Titles Act 1988) governing community and strata titles in South Australia, as of 28 October 2013.

Community & Strata Title Amendments 2013

Strata Titles: A Legal Guide

This booklet is about residential strata titles. If you are planning to buy a strata titled property, there are some important legal matters that you should know.

South Australian Civil & Administrative Tribunal

Contains information about lodging an application:
Common Questions about SACAT

Useful Links for Strata Information South Australia

Consumer and Business Services

Strata regulators for South Australia.

Strata Community Australia (SA)

The leading professional body for the strata and community title sector in South Australia.

Community and strata plans

Government of South Australia: Housing, Property & Land

Fact sheet – Owners and Community & Strata Corporations

This fact sheet outlines the effect of law changes brought about by the Statutes Amendment (Community and Strata Titles) Act 2012 and what they mean for owners and community and strata corporations (corporations).

Fact sheet – Body Corporate Managers

This fact sheet is designed to explain the changes to community and strata titles laws directly impacting on body corporate managers. In so far as managers are seeking information on the impact of the changes on the community or strata corporations (corporations) that they manage, see the separate Fact Sheet – Owners and Community & Strata Corporations (above).

SA: Contact your local Member of Parliament

If you believe there is a strata issue that needs to be brought to the government’s attention.

Problems With Apartments? Complaint handling in your strata corporation

The SA Government advises that if you are in a dispute with a neighbouring unit owner, it is best to first talk with your owners corporation to try and resolve the issue.

Please read this factsheet with information about managing neighbourhood disputes: Reporting disruptive neighbours.

Information about strata title disputes can also be found on the Legal Services Commission of South Australia website: Strata & Community Titles – Disputes pg. 11.

In most cases a dispute can be resolved using a community mediation service such as Community Mediation Services: Neighbourhood and Community Disputes.

If no resolution can be found, an application can be made to the Magistrates Courts as a minor civil action.

Free Legal Help can be sought by calling Strata and Community Advice Helpline Service on 1300 366 424.

ByLaws for Strata Information South Australia

Strata Smoking and Strata Information South Australia

Strata Parking and Strata Information South Australia

FAQs

• SA: Q&A How do I swap strata car spaces with another lot owner? May 2017 - Question: What do I need to do to swap strata car spaces with another owner? I have a disability and
• SA: Q&A Strata Visitor Parking Rules Mar 2017 - Question: Strata visitor parking rules - Is the driveway for resident use only? Or can visitors come and go at

Noise & Neighbours and Strata Information South Australia

Q&A Retrospective Approval Given for Renovation – What Can I Do Now?

Tyson D’Sylva, Ace Body Corporate Management
May 2016: Question: Retrospective approval has been given to my neighbour’s renovations. What can I do now about the noise?

Strata Insurance and Strata Information South Australia

• SA: Q&A Is Salt Damp Covered By Insurance and Who Is Responsible? Oct 2016 - Question: Is salt damp covered by insurance and is it the responsibility of the Lot Owner or the Strata Corporation?
• SA: Q&A Claim Due to a Leaky Pipe. Who Pays the Insurance Excess? Jun 2016 - We received this question about who pays the insurance excess for a leaky pipe claim. The following responses have been

Pets in Apartments and Strata Information South Australia

• SA: Q&A Strata No Pets Policy – What About Visitors With Dogs? Nov 2016 - Question: If our scheme clearly has a strata no pets policy, what do we do about visitors bringing their dogs
• SA: Q&A How Do We Tell the New Owners About the No Pet Bylaw? Jun 2016 - We received this question about the the best way to inform neighbours about a no pet bylaw. Tyson D'Sylva, Ace
• Q&A Tenants Rights SA: I don’t want a dog in the building! Jun 2016 - We received this question about tenants rights SA from a tenant living in an apartment block. Tyson D'Sylva, Ace Body

Strata Levies and Strata Information South Australia

Maintenance & Common Property and Strata Information South Australia

Committee Concerns and Strata Information South Australia

• SA: Q&A Presiding Officer Refusing to Co-operate Apr 2017 - Question: Recently we had a couple of issues where the presiding officer was involved and has refused a request. What
• SA: Q&A How Should a Strata Manager Use His Proxy Votes at AGMs? Nov 2016 - Could you let me know what regulations or guidelines there are with regards to how a Strata Manager should use

Q&A How do Strata Voting Rules Work via Email?

Tyson D’Sylvia, Ace Body Corporate Management
Nov 2015: Questions about Strata Committees – I am a member of a strata title and don’t understand the strata voting rules relating to “voting on resolutions by email”.

Strata Building Defects and Strata Information South Australia

“Ticking Time Bomb” Properties a Concern for Apartment, Unit and Townhouse Owners

Stephen Raff, Ace Body Corporate Management
Apr 2016: Australia’s problem with building defects is a huge safety concern for property owners, and we fear that every city around the country has hundreds, if not thousands of “ticking time bomb” properties containing non compliant, highly flammable building materials.

Strata Titles: A Legal Guide

Legal Services Commission of South Australia
If you are buying strata property, there are some important legal matters that you should know.

Buying strata property

Legal Services Commission of South Australia
Matters to be considered in purchasing a strata unit.

Strata Managers and Strata Information South Australia

• SA: Q&A Strata manager wanted! I’m getting no response. Mar 2017 - Question: Strata manager wanted! I recently purchased a unit and my strata manager will not respond. Who can I turn

FAQs

How do we dismiss our negligent strata manager?

Question

At AGM I had proxy votes to dismiss our Strata Manager. He said I was a not fully paid up member and therefore my vote and proxies where void. He had 9 votes and without me our co- op had 9 votes. Our strata manager appointed himself and said we have to be with him till the next AGM! I had fully paid up my Strata Fee’s except for $ 34 late paying fee’s – an amount I dispute about. Furthermore, I had 25 individual paper slips, dated and signed, by other owners all in favour of changing strata managers. He declared this paper slips void, because they weren’t on the proper Strata papers. Can you please help?

We only have a small % of occupy-owners. This was the second AGM, the first AGM he had dismissed, because according to him we didn’t have a quorum.

Our manager re-appointed himself for a full year last night. I challenged he and said that a meeting could be called and he could be dismissed any time. He has been totally negligent in his duties. Never contacted owners to let them know about their tenant having 2 or 3 cars. For the last 3 weeks we had police coming to our complex every day because threats being made by the multiple car-owners (all tenants!). We had a $ 50.000 paint job done; a total disaster and our manager paid this people already $ 32.000!! Then he gave this painter-thugs my telephone number without asking me first! I am not young and live alone – I am not impressed! I/we need to know the proper legal way to get rid of this manager.

Answer

From Pam Lewer, Integra Strata

The easiest way to proceed is to call a special general meeting which can be done by 25% of owners. This written instruction is passed to your manager who has the obligation to call a special general meeting with the only two topic:

1. Termination of Management and he must then distribute the papers to all owners.
2. Election of committee

Make sure you get everyone to sign the correct Proxy Form naming you as their proxy and when you are at the meeting you can terminate the manager and elect a committee of at least 3 owners.

You must make sure everyone is fully paid up, including yourself, so there are no technical problems. If you then get 10 votes to his 9 the motion is passed and his services are terminated.

Then the elected committee can make a decision on behalf of all owners who the new management company will be, so you will need to get a few quotes.