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Feature Strata Rules and ByLaws Article
Allison Benson, Kerin Benson Lawyers
Many lot owners, particular those in older strata schemes, do not know what strata rules and bylaws apply to their scheme. While the Secretary of the Owners Corporation is required to keep a record of all the by-laws in force in the scheme, this record may not always be accurate.
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Australian Taxation Office (ATO)
Strata Schemes Management Act 2015 No 50 commenced on 30 November 2016.
An Act with respect to the management of strata schemes and disputes related to strata schemes and other matters; and to repeal the Strata Schemes Management Act 1996.
Strata Schemes Management Regulation 2016 commenced on 30 November 2016.
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.
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.
An Act to facilitate the subdivision and development of land with shared property; and for other purposes.
An Act to provide for the regulation of property, stock and business agents.
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
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 are based on model by–laws provided under the Schedule 2 of the Strata Schemes Management Regulation 2010.
What you need to know about living in your strata community.
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
An Act providing for the establishment and administration of community titles schemes, and for other purposes.
Available to schemes of six lots or less.
Suitable for predominately investment owners who let their lots.
Suitable for business premises.
Suitable for predominantly resident owners.
Body corporate governance issues: Strata Rules and Bylaws, debt recovery and scheme termination
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:
Providing information about
- Dispute Assistance
- RTA Resources
- Fact sheets
- The Residential Tenancies and Rooming Accommodation Act 2008
New Owners Corporation Regulations have come into effect on 2nd December 2018, replacing the previous regulations of 2007.
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.
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.
An Exposure Draft of the Owners Corporations and Other Acts Amendment Bill (the Bill) has been released for public consultation.
The release of the exposure draft provides a final opportunity for stakeholders to comment on the proposed reforms before the Bill is finalised for introduction into Parliament.
Submissions close on 10 May 2019.
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.
Learn how to run an owners corporation, and rights and responsibilities of members and managers.
If your owners corporation does not make a rule covering any item in the model rules, then the model rule apply.
An Act to provide for the subdivision of land by units plans, and for other purposes.
Made under Unit Titles Act 2001
An Act to provide for the management of units plans, and for other purposes.
Made under Unit Titles (Management) Act 2011
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.
An Act to provide for the division of land by strata plan; and for other purposes.
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.
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.
Contains information about lodging an application:
Common Questions about SACAT
An Act to provide for the development of land by strata and community title schemes and for related purposes.
Model by-laws concerning keeping of pets, use of common property, parking of motor vehicles, etc.
Department of Primary Industries and Water
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.
This guide was produced to give people a basic understanding of strata titling principles andStrata Information WA.
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.
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.
Sept, 2019 Landgate: Making strata better – By laws & dispute resolution.
Access the PDF version of the presentations here: Strata reform in focus
The strata reforms will make strata better for owners and residents, introduce new land development options to drive economic growth and support the Government’s delivery of METRONET station precincts and affordable housing. There are seven areas of strata reform which will be delivered as a package comprised of the Strata Titles Amendment Bill 2018 and the Community Titles Bill 2018.
The week of the 20 December 2019 the Strata Titles (General) Regulations 2019, which accompany the amended Strata Titles Act 1985, were delivered to Parliament. The regulations will now be scrutinised by Parliament and proceed through several important steps.
In late 2018, State Parliament passed a strata title reform legislation package, comprising of Strata Titles Amendment Act 2018 (STA), Community Titles Act 2018 (CTA) and consequential changes to the Planning and Development Act (among other Acts).
It is anticipated that the STA will commence operation in September 2019 and the CTA in the first quarter of 2020.
Access to strata forms provided by Landgate.
SAT deals with a variety of disputes including strata title disputes.
An Act to provide for unit title schemes, and for related purposes
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