Strata Legislation

Changes to OHS laws

Strata Community Australia
Information regarding the new system of strata rules and bylaws as well as strata legislation and how it may impact on bodies corporate (strata schemes, bodies corporate, community schemes and so on).

Strata title bodies corporate and the work health and safety laws

Safe Work Australia
A FAQ on the new work health and safety laws and how they effect strata title bodies corporate.

Taxation Ruling No. 2016/D1

Australian Taxation Office (ATO)
Income tax: income tax matters relating to bodies corporate constituted under strata title legislation.

Strata title body corporate tax return and instructions 2016

Australian Taxation Office (ATO)

Please Note: see italic text below the relevant Acts for details about the changes to Strata Legislation in NSW. This information has been provided by Leanne Habib, Premium Strata.

Strata Schemes Management Act 1996 No 138

The objects of this Act are:

1. to provide for the management of strata schemes created under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986, and
2. to provide for the resolution of disputes arising in connection with the management of strata schemes.

This act has now been repealed and the new legislation, Strata Schemes Management Act 2015 No 50 has commenced on 30 November 2016.

Strata Schemes Management Regulation 2010

Schedule 2: Model by-laws Scroll down the LHS menu to reach the link to residential strata schemes.

This Act has been repealed and replaced by the Strata Schemes Management Regulation 2016, No 501 of 2016 and commenced on 30 November 2016.

Strata Schemes (Freehold Development) Act 1973 No 68 and Strata Schemes (Leasehold Development) Act 1986 has been repealed by the Strata Schemes Development Act, 2015 NO 51 (NSW) (SSDA 2015)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, Stock and Business 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.

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 the 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

• Proxy Appointment Form
• Section 184 Certificate
• Rental Bond Forms
• Residential Tenancy Forms
• Application for Mediation

NSW Civil & Administrative Tribunal (NCAT)

Strata & Community 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 Consumer and Commercial Division | Strata List
• Strata Application for Interim Orders Consumer and Commercial Division | Strata List
• Notice of Appeal | NCAT Internal Appeal Panel
• Reply to Appeal | NCAT Internal Appeal Panel
• Application for Stay of Original Decision Pending Appeal | NCAT Internal Appeal Panel
• Notice to Comply With a By-law

Tenants’ rights manual: a practical guide to renting in NSW, 4th edition

Tenants’ Union of NSW
Especially for tenants and people who work with tenants on issues to do with renting.

Keeping Pets in Strata Schemes: your questions answered

NSW Young Lawyers Animal Rights Committee
Whether you can keep your pet in the strata scheme depends on the terms of the By-laws which apply to the scheme.

Achieving smoke-free apartment living

Cancer Council NSW
Why choose smoke-free apartments?

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 (Small Schemes Module) Regulation 2008

Available to schemes of six lots or less.

Body Corporate and Community Management (Accommodation Module) Regulation 2008

Suitable for predominately investment owners who let their lots.

Body Corporate and Community Management (Commercial Module) Regulation 2008

Suitable for business premises.

Body Corporate and Community Management (Standard Module) Regulation 2008

Suitable for predominantly resident owners.

Queensland Government Property Law Review Options Paper 2014

Body corporate governance issues: Strata Rules and Bylaws, debt recovery and scheme termination

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)

Providing information about

• Renting
• Dispute Assistance
• RTA Resources
• Forms
• Fact sheets
• The Residential Tenancies and Rooming Accommodation Act 2008

Swimming pool safety laws: Guideline for pool owners and property agents

Department of Housing and Public Works
Pool safety

Subdivision Act 1988

The purposes of this Act are to —

(a) 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

(b) regulate the management of and dealings with common property and the constitution and operation of bodies corporate.

Owners Corporations Act 2006

The purposes of this Act are —

(a) to provide for the management, powers and functions of owners corporations; and

(b) to provide for appropriate mechanisms for the resolution of disputes relating to owners corporations; and

(c) to amend the Subdivision Act 1988 in relation to the creation of owners corporations.

Owners Corporations Regulations 2007

The objective of these Regulations is to prescribe —

(a) the classes of prescribed owners corporations for the purposes of the Owners Corporations Act 2006;

(b) certain insurance requirements relating to owners corporations;

(c) when an existing owners corporation must establish an owners corporation register and information to be included on owners corporation certificates;

(d) fees, costs and charges payable under the Owners Corporations Act 2006;

(e) model rules for owners corporations;

(ea) offences in respect of which an infringement notice may be issued;

(f) other matters authorised or required to be prescribed for the purposes of the Owners Corporations Act 2006.

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 are to —

(a) prescribe time limits for things done under the Subdivision Act 1988 ; and

(b) prescribe forms authorised by that Act; and

(c) provide for procedures relating to the certification of plans; and

(d) require Councils to maintain a register of applications made under that Act; and

(e) provide for other matters authorised by that Act.

Subdivision (Procedures) (Owners Corporations Amendment) Regulations 2007

The objective of these Regulations is to amend the Subdivision (Procedures) Regulations 2000 —

(a) to prescribe forms and procedures for the recording or giving of information in relation to owners corporations; and

(b) to make provision for plans of strata and cluster subdivision; and

(c) to make other amendments consequential on the amendment of the Subdivision Act 1988 in relation to owners corporations.

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

Unit Titles (Management) Transitional Provisions Regulation 2012

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 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 Titles Information

he 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

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

Strata Titles Act 1985

An Act to facilitate the horizontal and vertical subdivision of land and the disposition of titles thereto, to provide for incidental and connected purposes and to repeal the Strata Titles Act 1966.

Western Australian Land Information Authority (Landgate)

A Guide To Strata Titles in Western Australia

This guide was produced to give people a basic understanding of strata rules and bylaws and strata titling principles.

Section 28: Schedule 1 & Schedule 2 By-Laws

Schedules 1 and 2 to the Strata Titles Act contain the standard by-laws which apply to all strata schemes unless the strata company has amended them. You should obtain a copy of the strata plan to ascertain if the standard by-laws apply.

Strata Titles Practice Manual for Western Australia

The Strata Titles Practice Manual has been published to assist Licensed Land Surveyors and the surveying community in the preparation of all Strata/Survey – Strata Plans for lodgement and subsequent registration.

Nov 26, 2014

Jan 7, 2016

Strata Titles Act Reform

The State Government has set Strata Reform as a key priority and Landgate has been tasked to deliver reforms to the Strata Titles Act 1985, in 2015, including Tenure reform and the Community Titles Advisory Committee amendments. The reforms will ensure Western Australia has a modern Strata Titles Act to better meet the State’s Strata rules and bylaws needs in light of future growth, and help provide more flexible, affordable and liveable housing options, which in turn will benefit strata owners and residents.

Jan 2016: The WA Government has given Landgate responsibility for delivering reforms to Western Australia’s Strata Titles Act 1985.

Strata forms prescribed in Strata Titles General Regulations 1996

Access to strata forms provided by Landgate.

State Administrative Tribunal (SAT)

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

• Applications
• Forms and Pamphlets
• Decisions Database

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