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STRATA SCHEMES MANAGEMENT ACT 2015 - As at 11 October 2021 - Act 50 of 2015 - NOTES

Note to Part 12

This Part gives power to the Tribunal to make orders to settle disputes about certain matters relating to the operation and management of a strata scheme. It also contains general provisions about the powers of the Tribunal and some other order-making powers of the Tribunal.
Initially, an application for an order is processed by the registrar. The registrar must refuse to deal with a matter if satisfied that mediation was appropriate and was not attempted.
A person may either apply to the Secretary for mediation of a matter or make other arrangements for mediation. If mediation of a matter is unsuccessful or a matter is not appropriate for mediation, the registrar may accept the application for the order.
The following table describes the types of orders that may be made and who may apply for them.

To do what? Who may apply? Section
Orders relating to meetings and decisions of owners corporation
To require original owner to provide things to owners corporation Owners corporation 17
To require meeting to be held Owner
Owners corporation
Mortgagee
20
To invalidate resolution or election Owner
First mortgagee of lot
24
To nullify resolution of owners corporation on ground that person was denied vote or notice was not given Person entitled to vote on resolution 25
To require meeting to be held if no officers or committee after first AGM Owner
Mortgagee
Covenant chargee
48
Orders relating to covenants and other restrictions
To waive, vary or extinguish restriction relating to initial period or to authorise any matter to be done in relation to the waiving, varying or extinguishing of such a restriction Owners corporation
Original owner
Owner
27
To comply with obligation imposed by positive covenant Authority having benefit of positive covenant 234
To refrain from breaching restriction on use of utility lot Owners corporation
Lessor of leasehold strata scheme
Owner
Occupier of lot
235
To refrain from breaching restriction on use of utility lot within area of local council Relevant local council 235
Orders relating to strata managing agents and building managers
To terminate strata managing agent or building manager agreement or make other order about an agreement Owners corporation 72
To appoint strata managing agent Person who obtained order under this Act that imposed duty on owners corporation or office holder that has not been complied with
Person having estate or interest in lot or, in the case of leasehold strata scheme, lease of lot
Authority having benefit of positive covenant that imposes duty on owners corporation
Judgment creditor to whom owners corporation owes judgment debt
237
Orders relating to contributions and funds
To allocate payment of surplus money Owners corporation
Covenant chargee
Owner
Mortgagee
77
To alter amount of contributions Owners corporation
Lessor of leasehold strata scheme
Owner
Mortgagee in possession
82
To prevent owners corporation charging interest for late payment of contribution Owner 85
To require original owner to compensate for inadequate estimates/contributions Owners corporation
Owner
89
Orders relating to property
To require occupier of lot to allow owners corporation to enter lot Owners corporation 124
To get consent to existing or proposed alterations or repair of common property Lessor of leasehold strata scheme
Owner
126
To declare work to be cosmetic work or minor renovation Owner 127
To direct owner to lodge documents under section 19 of Strata Schemes Development Act 2015 Owners corporation
Lessor of leasehold strata scheme
Owner
128
To require owner to comply with window safety device obligation Owners corporation 129
To require owners corporation to carry out window safety device function Interested person (other than owners corporation) 129
To require owners corporation to dispose of personal property Owner 130
To prevent owners corporation acquiring personal property Owner 130
To require owners corporation to acquire personal property Owner 130
To use specified common property for specified purposes Owner 131
To require owner or occupier to repair damage or compensate for damage Owners corporation 132
To reallocate unit entitlements Owners corporation
Lessor of leasehold strata scheme
Owner of lot (whether or not development lot)
Local council
Public authority or statutory body representing the Crown, that is empowered to impose a rate, tax or other charge by reference to a valuation of land
236
Orders relating to by-laws
To revoke amendment to by-laws, revive repealed by-law or repeal new by-law Person entitled to vote on motion relating to by-law
Lessor of leasehold strata scheme
148
To change by-law conferring exclusive rights or privileges over common property Owners corporation
Lessor of leasehold strata scheme
Owner
Interested person
149
To invalidate by-law Person entitled to vote on motion relating to by-law
Lessor of leasehold strata scheme
150
Order relating to keeping of animals
To require removal of animal wrongly kept on lot Interested person 156
To allow person to keep animal on lot Owner
Occupier
157
To remove animal causing nuisance or hazard Interested person 158
To terminate nuisance, hazard or unreasonable nuisance caused by animal Interested person 158
Orders relating to insurance
To adjust proportion of insurance premium to be paid Person liable to pay premium 162
To exempt from requirement to insure Person required to insure 172
To require person to make or pursue insurance claim Owner
Lessor of a leasehold strata scheme
Sublessee in a leasehold strata scheme
Person in whom is vested estate in fee simple or a leasehold estate (in case where part of building is included in part strata parcel) of part of building not included in part strata parcel
174
To require insurance to be taken out Owner
Enrolled mortgagee or person having interest in lot
Lessor of leasehold strata scheme
Sublessee of common property in a leasehold strata scheme
Person in whom is vested estate in fee simple or a leasehold estate (in case where part of building is included in part strata parcel) of part of building not included in part strata parcel
Authority having benefit of a positive covenant affecting building or site
175
Orders relating to records of owners corporation
To allow owners corporation to enter information on strata roll Owners corporation
Owner
Person having or acquiring estate or interest in lot
187
To require owners corporation, strata managing agent or office holder to supply records or documents for inspection Person entitled to inspect records or documents 188
Orders relating to defective building work
To permit access to lot for inspection or building work Owners corporation
Developer
Building inspector
Person entitled to enter
Secretary
211
To specify contract price Owners corporation
Developer
Secretary
211
General orders for settlement of disputes
To resolve dispute or complaint Interested person
Original owner
Building manager
232
To resolve dispute between contiguous strata schemes Owners corporation 233
Orders relating to strata committee
To remove person from strata committee Interested person 238
To remove person from office Interested person 238
To prohibit strata committee from determining a matter Interested person 238

Does not include amendments by--

Sec 271A(5) of this Act (sec 271A(5) repeals sec 271A on 31.3.2022)
Community Land Development Act 2021 No 6 (not commenced)
Community Land Management Act 2021 No 7 (not commenced)
Sec 137B(7) of this Act (sec 137B(7) repeals sec 137B(6) on 26.8.2026)

See also--

Statute Law (Miscellaneous Provisions) Bill 2021

Historical notes

The following abbreviations are used in the Historical notes:

Am amended LW legislation website Sch Schedule
Cl clause No number Schs Schedules
Cll clauses p page Sec section
Div Division pp pages Secs sections
Divs Divisions Reg Regulation Subdiv Subdivision
GG Government Gazette Regs Regulations Subdivs Subdivisions
Ins inserted Rep repealed Subst substituted
See also the Strata Schemes Development Act 2015.

Table of amending instruments

Strata Schemes Management Act 2015 No 50. Assented to 5.11.2015. Date of commencement, Part 11, cl 15 of Sch 1 and cl 16 of Sch 3 excepted, 30.11.2016, sec 2 and 2016 (492) LW 12.8.2016; date of commencement of Part 11, cl 15 of Sch 1 and cl 16 of Sch 3, 1.1.2018, sec 2 and 2016 (492) LW 12.8.2016. The proclamation published on the legislation website on 12.8.2016 was amended by the Electronic Transactions Legislation Amendment (Government Transactions) Act 2017 No 25. Assented to 27.6.2017. Date of commencement, assent, sec 2. This Act has been amended as follows--

2016 (501) Strata Schemes Management Regulation 2016. LW 12.8.2016.
Date of commencement of cll 67 and 68, 30.11.2016, cl 2 (1).
No 54 Justice Portfolio Legislation (Miscellaneous Amendments) Act 2016. Assented to 25.10.2016.
Date of commencement, assent, sec 2.
No 55 Statute Law (Miscellaneous Provisions) Act (No 2) 2016. Assented to 25.10.2016.
Date of commencement of Sch 1.30, 6.1.2017, sec 2 (1).
2017 No 22 Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017.
Date of commencement of Sch 3, 7.7.2017, sec 2 (3).
No 28 Home Building Amendment (Compensation Reform) Act 2017. Assented to 27.6.2017.
Date of commencement of Sch 2.7, 1.1.2018, sec 2 and 2017 (701) LW 15.12.2017.
No 63 Statute Law (Miscellaneous Provisions) Act (No 2) 2017. Assented to 23.11.2017.
Date of commencement of Sch 4.49, 14.1.2018, sec 2 (3).
2018 No 5 Property, Stock and Business Agents Amendment (Property Industry Reform) Act 2018. Assented to 21.3.2018.
Date of commencement of Sch 2.16, 23.3.2020, sec 2 and 2019 (625) LW 16.12.2019.
No 20 Electoral Funding Act 2018. Assented to 30.5.2018.
Date of commencement, 1.7.2018, sec 2 and 2018 (365) LW 29.6.2018.
No 41 Fair Trading Amendment (Short-term Rental Accommodation) Act 2018. Assented to 21.8.2018.
Date of commencement, 10.4.2020, sec 2 and 2020 (86) LW 13.3.2020.
No 49 Strata Schemes Management Amendment (Building Defects Scheme) Act 2018. Assented to 27.9.2018.
Date of commencement, 1.7.2020, sec 2 and 2020 (299) LW 26.6.2020.
No 65 Fair Trading Legislation Amendment (Reform) Act 2018. Assented to 31.10.2018.
Date of commencement of Sch 4.5, 1.10.2019, sec 2 (2) and 2019 (270) LW 28.6.2019; date of commencement of Sch 7.15, assent, sec 2 (1); date of commencement of Sch 8.10, 1.2.2020, sec 2(2) and 2019 (634) LW 20.12.2019.
No 79 Fair Trading Legislation Amendment (Miscellaneous) Act 2018. Assented to 28.11.2018.
Date of commencement of Sch 3, 1.7.2020, sec 2.
2020 No 5 COVID-19 Legislation Amendment (Emergency Measures--Miscellaneous) Act 2020. Assented to 14.5.2020.
Date of commencement of Sch 1.31, assent, sec 2(1).
2021 No 1 Strata Schemes Management Amendment (Sustainability Infrastructure) Act 2021. Assented to 24.2.2021.
Date of commencement of Sch 1[1[#93]-[5[#93][7[#93]-[9[#93] and [15[#93]-[17[#93], assent, sec 2(1); date of commencement of Sch 1[6[#93], 25.8.2021, sec 2(2)(b); date of commencement of Sch 1[10[#93]-[14[#93], 1.7.2021, sec 2(3) and 2021 (271) LW 11.6.2021.
No 5 COVID-19 Recovery Act 2021. Assented to 25.3.2021.
Date of commencement of Sch 1.28, assent, sec 2(1).
No 10 Real Property Amendment (Certificates of Title) Act 2021. Assented to 24.5.2021.
Date of commencement of Sch 3, 11.10.2021, sec 2(1) and 2021 (476) LW 27.8.2021.
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.

Table of amendments

Sec 4 Am 2016 No 55, Sch 1.30; 2018 No 5, Sch 2.16[1[#93]; 2018 No 49, Sch 1[1[#93]; 2021 No 1, Sch 1[1[#93].
Sec 5 Am 2021 No 1, Sch 1[2[#93].
Sec 16 Am 2021 No 10, Sch 3.23[1[#93] [2[#93].
Sec 49 Am 2018 No 5, Sch 2.16[2[#93].
Sec 57 Am 2018 No 20, Sch 3.7.
Sec 58 Am 2018 No 5, Sch 2.16[2[#93].
Sec 63 Am 2018 No 5, Sch 2.16[2[#93].
Sec 65 Am 2018 No 5, Sch 2.16[2[#93].
Sec 85 Am 2016 No 54, Sch 1.15 [1[#93] [2[#93].
Sec 86 Am 2016 No 54, Sch 1.15 [3[#93].
Sec 94 Am 2018 No 65, Sch 8.10[1[#93].
Sec 108 Am 2021 No 1, Sch 1[3[#93].
Part 6, Div 5 (sec 125) Rep 2020 No 79, Sch 3.10.
Sec 128 Am 2017 No 63, Sch 4.49 [1[#93].
Part 6, Div 7, heading Ins 2018 No 65, Sch 4.5 [1[#93]. Am 2021 No 1, Sch 1[4[#93].
Part 6, Div 7 Ins 2018 No 65, Sch 4.5 [1[#93].
Sec 132A Ins 2018 No 65, Sch 4.5 [1[#93].
Sec 132B Ins 2021 No 1, Sch 1[5[#93].
Sec 137A Ins 2018 No 41, Sch 2.
Sec 137B Ins 2021 No 1, Sch 1[6[#93].
Sec 141 Am 2021 No 1, Sch 1[7[#93].
Sec 181 Am 2018 No 5, Sch 2.16[2[#93].
Sec 182 Am 2021 No 1, Sch 1[8[#93]; 2021 No 10, Sch 3.23[3[#93].
Sec 184 Am 2018 No 65, Sch 8.10[1[#93].
Sec 186 Am 2021 No 1, Sch 1[9[#93].
Sec 191 Am 2017 No 28, Sch 2.7 [1[#93] [2[#93].
Sec 194 Am 2018 No 49, Sch 1[2[#93]-[5[#93].
Sec 196 Am 2018 No 49, Sch 1[6[#93] [7[#93].
Sec 198A Ins 2018 No 49, Sch 1[8[#93].
Sec 207 Am 2018 No 49, Sch 1[9[#93]-[11[#93].
Sec 207A Ins 2018 No 49, Sch 1[12[#93].
Sec 208 Am 2018 No 49, Sch 1[13[#93] [14[#93].
Sec 209 Am 2018 No 49, Sch 1[15[#93]-[20[#93].
Sec 209A Ins 2018 No 49, Sch 1[21[#93].
Sec 210 Am 2018 No 49, Sch 1[22[#93] [23[#93].
Sec 210A Ins 2018 No 49, Sch 1[24[#93].
Sec 211 Am 2018 No 49, Sch 1[25[#93]-[27[#93].
Sec 211A Ins 2018 No 49, Sch 1[28[#93].
Part 11, Div 3A (secs 211B-211M) Ins 2018 No 49, Sch 1[29[#93].
Sec 213 Am 2018 No 49, Sch 1[30[#93].
Secs 213A, 213B Ins 2018 No 49, Sch 1[31[#93].
Sec 214 Am 2018 No 49, Sch 1[25[#93] [32[#93] [33[#93].
Sec 215A Ins 2018 No 49, Sch 1[34[#93].
Sec 228 Am 2021 No 1, Sch 1[10[#93]-[12[#93].
Sec 236 Am 2017 No 63, Sch 4.49 [2[#93] [3[#93].
Sec 237 Am 2018 No 5, Sch 2.16[2[#93].
Sec 246 Am 2021 No 10, Sch 3.23[4[#93].
Sec 247A Ins 2021 No 1, Sch 1[13[#93].
Sec 248 Am 2021 No 1, Sch 1[14[#93].
Sec 250 Subst 2017 No 22, Sch 3.73. Am 2018 No 49, Sch 1[30[#93].
Sec 250A Ins 2018 No 49, Sch 1[35[#93].
Sec 251 Am 2018 No 49, Sch 1[36[#93] [37[#93].
Sec 257 Am 2018 No 49, Sch 1[30[#93].
Sec 257A Ins 2018 No 49, Sch 1[38[#93].
Sec 260 Am 2018 No 49, Sch 1[39[#93].
Sec 261 Am 2018 No 65, Sch 7.15 [1[#93].
Sec 262 Am 2018 No 65, Sch 7.15 [2[#93].
Sec 263 Am 2018 No 65, Sch 7.15 [3[#93].
Sec 264 Am 2018 No 65, Sch 7.15 [4[#93] [5[#93].
Sec 271 Am 2018 No 49, Sch 1[40[#93].
Sec 271A Ins 2020 No 5, Sch 1.31[1[#93]. Am 2021 No 5, Sch 1.28.
Sec 276A Ins 2021 No 1, Sch 1[15[#93].
Sch 1 Am 2018 No 65, Schs 4.5 [2[#93], 8.10[2[#93]; 2021 No 1, Sch 1[16[#93].
Sch 3 Am 2016 (501), cll 67, 68; 2020 No 5, Sch 1.31[2[#93]; 2021 No 1, Sch 1[17[#93].
Sch 4 Rep 1987 No 15, sec 30C.



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