FactSheet: Strata Law Tasmania

Strata Titles Act 1998

An Act to provide for the development of land by strata and community title schemes and for related purposes.

STRATA TITLES ACT 1998 – SCHEDULE 1:

Model by-laws concerning keeping of pets, use of common property, parking of motor vehicles, etc.

Strata Scheme Forms

A list of the strata scheme forms that are available, prepared by the Recorder of Titles.

Strata Title Frequently Asked Questions

Department of Primary Industries and Water

Department of Primary Industries and Water: Land Titles Office

Strata regulators for Tasmania.

Strata Living in Tasmania

This publication gives a general overview of the current strata law Tasmania. It covers the body corporate, common property, unit entitlements, insurance, and the dispute resolution process. The publication also contains a very useful chapter, “Answers to Some Commonly Asked Questions”.

Strata Title Frequently Asked Questions & Queries about strata plans

Answers to Some Commonly Asked Questions including Does the body corporate have to be registered at the Australian Securities Commission? and What can a lot owner do if the body corporate fails to insure as required by the Strata Titles Act?

Strata Community Australia (TAS)

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

Consumer Affairs and Fair Trading

Administers the Residential Tenancy Act 1997 and provides advice to property owners and tenants as to their obligations under this Act. Access this page for strata title information relating to Tasmania.

Strata plan Checklist

Department of Primary Industries, Parks, Water & Environment: Land, Property & Titles

TAS: Tasmanian Legislative Council List of Members

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

Useful Strata Forms for Tasmania

Department of Primary Industries and Water: Land Titles Office

Strata regulators for Tasmania.

Strata Scheme Forms

The Recorder of Titles has prepared a range of strata scheme forms for miscellaneous dealing lodgements under the Strata Titles Act 1998. Strata Scheme forms include dispute resolution applications and development scheme documentation. They can be obtained by contacting Titles.Enquiries@dpipwe.tas.gov.au.

Making an Application for Relief (in a Strata Scheme)

Who may apply? What is the cost? How will the application be dealt with?

Making an Appeal Under Part 10 of the Strata Titles Act 1998

A notice of appeal may be lodged within 30 days from the date of a decision or order made by the Recorder.

Problems With Apartments? Complaint handling in your body corporate

The Department of Primary Industries and Water have put together a booklet covering Strata Living in Tasmania. Section 7 (page 15) of this publication deals with Recorder of Titles and Dispute Resolution.

If a dispute arises, dispute resolution can be pursued. This procedure is known in the Act as an “application for relief” & must be made on the appropriate form which is available from the Land Titles Office. Here is the link to the Land Titles Office Forms & Fees page.

Articles

FAQs

Q&A: Body Corporate Rules Tasmania

Daniel Hunt, Ace Body Corporate Management
May 2016: Question: I would like information on body corporate rules in Tasmania regarding seceding from my strata body corporate. Can this be done?

What control does the body corporate have over activities by the lot owners on the common property?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles

Can the body corporate or a lot owner be fined for breaches of strata bylaws and rules?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles

Is a tenant bound by the strata bylaws and rules?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles

What recourse is there where a tenant is breaching the strata bylaws and rules of the body corporate?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles

How does a body corporate enforce strata bylaws and rules?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles

Who is entitled to a copy of the strata bylaws and rules?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles 

Resources

STRATA TITLES ACT 1998 – SCHEDULE 1 – Model by-laws

model strata by-laws concerning keeping of pets, use of common property, parking of motor vehicles, etc.

By Laws – Strata Schemes

Land Tasmania: All strata schemes are subject to strata by-laws. Strata By-laws promote the concept of community living whilst facilitating administration of the strata scheme. 

Articles

FAQs

Strata Parking: Can a lot owner allow his/her car space to be used by other people?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles

Resources

STRATA TITLES ACT 1998 – SCHEDULE 1 – Model by-laws

– model by-laws concerning parking of motor vehicles. 

Resources

STRATA TITLES ACT 1998 – SCHEDULE 1 – Model by-laws

– model by-laws concerning duty to prevent nuisance.

• Strata Insurance Tasmania – for a small strata scheme May 2018 - Question: The insurance company said our home was part of a Strata scheme and should be insured by the Strata.

Resources

Insurance – Strata Schemes

Land Tasmania

Articles

FAQs

Can a lot owner keep a pet on his/her strata lot?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles

Can the body corporate force a lot owner to remove a pet from his/her strata lot?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles

Resources

STRATA TITLES ACT 1998 – SCHEDULE 1 – Model by-laws

– model by-laws concerning Strata Pets: the keeping of animals in your strata scheme.

How does a body corporate correctly levy contributions?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles

What action can a body corporate take when contributions are not paid?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles  

Articles

FAQs

What control does the body corporate have over activities by the lot owners on the common property?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles

Resources

STRATA TITLES ACT 1998 – SCHEDULE 1 – Model by-laws

Model by-laws concerning use of common property & body corporate’s duties in relation to common property. 

FAQs – Questions about Strata TAS Committees

Does a lot owner have to apply to become a member of the body corporate?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles

Who must be notified when a meeting of the body corporate is to be held?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles

What is a quorum for a body corporate meeting?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles 

FAQs – TAS Renting / Selling / Buying Apartment Questions

Is a tenant bound by the by-laws?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles

Are there any restrictions on the leasing of a lot?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles

What recourse is there where a tenant is breaching the by-laws of the body corporate?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles

Who is entitled to a copy of the by-laws?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles 

Resources

Strata Plan Checklist

Department of Primary Industries, Parks, Water & Environment: Land, Property & Titles