South Australian Current Acts South Australian Current Acts (1) A deposited strata
plan may be cancelled—
(a) by
lodging an instrument of cancellation with the Registrar-General; or
(b) by
order of the ERD Court.
(2) An instrument of
cancellation must be under the seal of the strata corporation and endorsed
with the approval of—
(a) all
unit holders;
(b) all
other persons with registered interests in a unit or the common property.
(3) An instrument of
cancellation must be accompanied by—
(b) such
other documentary material as the Registrar-General may require.
(4) An application for
an order of the ERD Court cancelling a strata plan may be made by—
(a) the
strata corporation;
(b) a
unit holder;
(c) any
other person who has a registered interest in a unit.
(4a) If it appears to
the ERD Court that the proposed cancellation of the strata plan could
adversely affect a person who is not a party to the proceedings, the ERD Court
should not order the cancellation unless the ERD Court is satisfied that the
person has been notified of the possibility that such an order could be made
and has been given a reasonable opportunity to make submissions to the Court
in relation to the matter.
(4b) In determining an
application under this section the ERD Court must have regard to the matters
(if any) prescribed by regulation.
(5) If the ERD Court
makes an order for the cancellation of a strata plan, the strata corporation
must lodge with the Registrar-General a copy of the order together with an
application to note the order.
(6) The
Registrar-General must, if satisfied that all terms of the order that are to
be complied with before the cancellation of the plan (if any) have been
complied with, cancel the strata plan by making an endorsement to that effect
on the strata plan and making a note of the cancellation in the Register Book
on every certificate affected by the cancellation.
(7) On cancellation of
a strata plan—
(a) all
land comprised in the plan (other than land vested in the council) vests in
fee simple in the former registered proprietors of the units as tenants in
common in proportions fixed by reference to the unit entitlements of their
respective units;
(b) the
strata corporation is dissolved;
(c) the
liabilities of the former strata corporation will attach directly to the
former registered proprietors jointly and severally (but they will be entitled
to contribution amongst each other in proportions determined by reference to
the unit entitlements of the former units);
(d)
subject to any order of the ERD Court, the assets of the former strata
corporation will be divided between the former registered proprietors in
proportions determined by reference to the unit entitlements of the former
units.
(7a) The estate vested
in a former registered proprietor of a unit under subsection (7)(a) will
be subject to—
(a) any
estate or interest that was, immediately prior to the cancellation of the
strata plan, entered on the certificate of his or her unit; and
(b) at
the request of the registered proprietor of the servient tenement and the
dominant tenement (if any)—any easement that was discharged when the
strata plan was originally deposited in the Lands Titles Registration Office.
(8) For the purposes
of subsection (7), the former registered proprietor of a unit is the
person who was the registered proprietor of the unit immediately before the
cancellation of the plan.
(9) On cancellation of
a deposited strata plan, the site becomes an allotment for the purposes of
Part 19AB of the Real Property Act 1886 but if that land had been
comprised of two or more allotments before division under this Act those
allotments are not revived.