Strata Legislation – Rules and ByLaws

Strata title body corporate tax return and instructions 2020

Australian Taxation Office (ATO)

Strata Schemes Management Act 2015 No 50

An Act with respect to the management of strata schemes and disputes related to strata schemes and other matters.

Strata Schemes Management Regulation 2016

Strata Schemes Development Act 2015

The SSDA regulates among other things:

• the implementation of strata plans of subdivision, the subdivision of land into cubic spaces and the creation of titles thereto; and
• requirements for the issue of strata certificates by local councils or by accredited certifiers; and
• variation, termination and renewal of strata schemes.

The SSDA further amends and/or legislation including the Conveyancing Act 1919, the Local Government Act 1919, the Land Tax Management Act 1956, the Real Property Act 1900, the Land Tax Management Act 1956.

The Strata Schemes Development Regulation 2016 is enacted under the SSDA 2015. It commenced on 30th November 2016 and provides for the implementation and administrative detail required for matters including:

• the issuance of strata certificates,
• lodgement of plans eg strata plan of subdivision with the Registrar General
• collective sale or redevelopment of strata schemes
• payment of fees
• prescribed form and content of plans, administration sheets and schedules of unit entitlements.

Community Land Management Act 1989

An Act to provide for the management of community schemes, precinct schemes and neighbourhood schemes established by the subdivision of land under the Community Land Development Act 1989; and for other purposes.

Community Land Development Act 1989

An Act to facilitate the subdivision and development of land with shared property; and for other purposes.

Property and Stock Agents Act 2002

An Act to provide for the regulation of property, stock and business agents.

Strata Schemes Management Amendment (Child Window Safety Devices) Regulation 2013

An Act to amend the Strata Schemes Management Act 1996 with respect to the installation of child window safety devices.

See Strata Schemes Management Act 2015 No 50 Section 118: Window safety devices—child safety

NSW Fair Trading

By-laws in a strata scheme

Strata schemes are effectively small communities where the activities and attitudes of residents can have a significant impact on the satisfaction and enjoyment of others. Therefore, it is important to be aware of your responsibilities and obligations when you own or live in a strata unit.

Frequently Asked Questions: Strata Schemes

Frequently asked questions are based on model by–laws provided under Schedule 2 of the Strata Schemes Management Regulation 2010.

Strata Living Booklet

What you need to know about living in your strata community.

Strata Scheme and Residential Tenancy Forms

NSW Civil & Administrative Tribunal (NCAT)

Strata Schemes information

Applications can be made by lot owners, owners corporations and occupiers concerning strata, community and neighbourhood scheme disputes. Parties must generally attempt mediation before lodging an application.

• Strata Application Form
• Strata Application for Interim Orders
• Notice of Appeal
• Reply to Appeal
• Application for Stay of Original Decision Pending Appeal
• Notice to Comply With a By-law

Body Corporate and Community Management Act 1997 (BCCMA)

An Act providing for the establishment and administration of community titles schemes, and for other purposes.

Body Corporate and Community Management (Standard Module) Regulation 2020

Body Corporate and Community Management (Standard Module) Regulation 2020 – Explanatory notes

Body Corporate and Community Management (Accommodation Module) Regulation 2020

Body Corporate and Community Management (Commercial Module) Regulation 2020

Body Corporate and Community Management (Small Schemes Module) Regulation 2020

Body Corporate and Community Management (Specified Two-lot Schemes Module) Amendment Regulation 2020

Body Corporate and Community Management (BCCM)

The Office of the Commissioner for Department of Justice and Attorney-General, Queensland Government is the regulator for strata and community title in Queensland. Their site provides a wide variety of information about strata & community title in Queensland including:

Forms and Publications

Adjudicator’s decisions

Residential Tenancies Authority (RTA)

Does your pool comply? Pool Safety

QBCC

OWNERS CORPORATIONS ACT 2006

The main purposes of this Act are —

1. to provide for the management, powers and functions of owners corporations; and
   

2. to provide for appropriate mechanisms for the resolution of disputes relating to owners corporations; and
3. to amend the Subdivision Act 1988 in relation to the creation of owners corporations.

OWNERS CORPORATIONS REGULATIONS 2018 (SR NO 154 OF 2018)

New Owners Corporation Regulations have come into effect on 2nd December 2018, replacing the previous regulations of 2007.

Subdivision Act 1988

The purposes of this Act are to —

1. set out the procedure for the subdivision and consolidation of land, including buildings and airspace, and for the creation, variation or removal of easements or restrictions; and
2. regulate the management of and dealings with common property and the constitution and operation of bodies corporate.

Consumer Affairs Legislation Further Amendment Bill 2014

The objective of these Regulations is to amend the Owners Corporations Regulations 2007 to prescribe the relevant maximum fees that may be charged by owners corporations for providing certain information under the Owners Corporations Act 2006.

Subdivision (Procedures) Regulations 2000

The objective of these Regulations is to —

1. prescribe time limits for things done under the Subdivision Act 1988; and
2. prescribe forms authorised by that Act; and
3. provide for procedures relating to the certification of plans; and
4. require Councils to maintain a register of applications made under that Act; and
5. provide for other matters authorised by that Act.

Consumer Affairs Victoria

Owners corporations

Learn how to run an owners corporation, and rights and responsibilities of members and managers.

Model rules for owners corporations

If your owners corporation does not make a rule covering any item in the model rules, then the model rule apply.

Unit Titles Act 2001

An Act to provide for the subdivision of land by units plans, and for other purposes.

Unit Titles Regulation 2001

Made under Unit Titles Act 2001

Unit Titles (Management) Act 2011

An Act to provide for the management of units plans, and for other purposes.

Unit Titles (Management) Regulation 2011

Made under Unit Titles (Management) Act 2011

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 (Commencement) Proclamation 2013

Legal Services Commission of South Australia

Strata Titles Information

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.

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

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 Title Frequently Asked Questions

Department of Primary Industries and Water

Strata Titles Act 1985 as amended in 2018

Community Titles Act 2018

Strata Titles (General) Regulations 2019

Timelines for change

The amended Strata Titles Act 1985 will take effect in Western Australia on 1 May 2020. It will include grace periods for some new requirements to ensure those affected have adequate time to meet them.

All WA Reform Articles published to LookUpStrata

Western Australian Land Information Authority (Landgate)

Landgate’s WA Strata Reform site

WA Reforms: Frequently asked questions
Landgate’s public consultation on the Strata Titles (General) Regulations 2019 provoked a range of questions from the community.

Guide to strata titles
Updated edition published May 2020

Guide to consolidating by-laws for strata titles schemes in Western Australia

Guide to resolving strata disputes

Dept of Planning, Lands and Heritage: Strata title reform

Strata Forms

Forms Reference Table

Strata forms: Transitional Guide for Strata Titles Scheme Lodgements
Landgate has created a guide to explain what changes are required to the lodgement and registration of strata plans and to assist surveyors and conveyancers with this transition.

State Administrative Tribunal (SAT)

SAT deals with a variety of disputes including strata title disputes.

• Applications
• Forms and Pamphlets

Unit Title Schemes Act 2009

An Act to provide for unit title schemes, and for related purposes

Unit Titles (Management Modules) Regulations

Unit Titles Regulations

Unit Titles Schemes (General Provisions and Transitional Matters) Regulations

NT.GOV.AU: Dealing with a body corporate

If you own a property that is a complex with other private properties inside you will be a member of a body corporate.

This page will give you information on the roles and responsibilities of a body corporate.