STRATA TITLES ACT 1985

Western Australian Current Acts

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STRATA TITLES ACT 1985

TABLE OF PROVISIONS

PART 1 -- Preliminary

1. Short title
2. Commencement
3. Terms used
4. Notes and examples not part of Act
5. Act binds Crown

PART 2 -- Strata titles schemes

6. Legislative framework
7. Strata titles schemes
8. Freehold schemes and leasehold schemes
9. Lots -- strata schemes and survey-strata schemes
10. Common property
11. Subdivision of land by strata titles scheme
12. Registration of strata titles scheme
13. Strata titles
14. Strata company

PART 3 -- Planning and development

Division 1 -- Planning approvals

Subdivision 1 -- Strata schemes

15. Subdivision approval of strata scheme
16. Application of Planning and Development Act

Subdivision 2 -- Survey-strata schemes

17. Subdivision approval of survey-strata scheme

Subdivision 3 -- General provisions

18. Planning (scheme by-laws) condition
19. Planning approval of scheme plan or amendment of scheme plan
20. Approval for postponement of expiry day for leasehold scheme
21. Approval for modification of restricted use condition
22. Approval under planning (scheme by-laws) condition
23. Requirement for local government approval

Division 2 -- Preliminary determinations

24. Preliminary determinations by local government

Division 3 -- Common property

25. Long term lease of temporary common property
26. Long term lease or licence over common property

Division 4 -- Review of decisions

27. Review of Planning Commission decision
28. Review of local government decision

PART 4 -- Scheme documents

Division 1 -- Scheme notice

29. Scheme notice
30. Scheme name and address for service of strata company
31. Postponement of expiry day for leasehold scheme

Division 2 -- Scheme plans

32. Scheme plan
33. Short form easements or restrictive covenants
34. Requirements for registration of scheme plan
35. Requirements for registration of amendment of scheme plan
36. Exemption for staged subdivision

Division 3 -- Schedule of unit entitlements

37. Schedule of unit entitlements
38. Requirements for registration of amendment of schedule of unit entitlements

Division 4 -- Scheme by-laws

39. Scheme by-laws on registration
40. Leasehold by-laws
41. Resolution for postponement of expiry day under leasehold by-laws
42. Staged subdivision by-laws
43. Exclusive use by-laws
44. Making of scheme by-laws
45. Application of scheme by-laws
46. Invalidity of scheme by-laws
47. Enforcement of scheme by-laws
48. Requirements for registration of amendment to give effect to scheme by-laws

Division 5 -- Strata leases

49. Relationship with other laws
50. Term of strata lease
51. Limitations on powers of owner of leasehold scheme
52. Content and form of strata lease
53. Amendment of strata lease
54. Enforcement of strata lease
55. Contracting out prohibited

PART 5 -- Registration and land titles

Division 1 -- Schemes and amendment of schemes

56. Application for registration
57. Effect of registration
58. Registration process
59. No presumption of validity of scheme by-laws

Division 2 -- Re-entry or surrender of strata leases

60. Notice and registration

Division 3 -- Statutory easements

61. Easement for support, shelter and projections -- lot
62. Easement for support, shelter and projections -- common property
63. Utility service easement
64. Common property (utility and sustainability infrastructure) easement
65. Entry under statutory easement
66. Rectification of damage

Division 4 -- Rates, taxes and charges

67. Registrar of Titles to deliver copies of plans
68. Particulars on plan to be conclusive for rating and taxing purposes
69. Rating for strata schemes
70. Rating for survey-strata schemes
71. Rating on gross rental value
72. Owner may seek a review of unimproved value of parcel
73. Land tax and metropolitan region improvement tax: strata schemes
74. Land tax and metropolitan region improvement tax: survey-strata schemes
75. Charges for water supplied
76. Water service charges under the Water Services Act 2012

PART 6 -- Scheme developer

77. First statutory general meeting
78. Key documents
79. Disclosure of remuneration and other benefits
80. Defects in scheme buildings or infrastructure
81. Contracting out prohibited

PART 7 -- Lot owners and occupiers

Division 1 -- General

82. Offence to contravene restricted use condition
83. Use and enjoyment
84. Insurance for lot
85. Person to act for lot owner in certain circumstances

Division 2 -- Structural alteration of lots

86. Terms used in this Division
87. Structural alteration of lot in strata scheme
88. Structural alteration of lot in survey-strata scheme
89. Approvals and objections to structural alterations
90. Order dispensing with approval for structural alteration of lot

PART 8 -- Strata company

Division 1 -- Functions

Subdivision 1 -- Property

91. General duty
92. Temporary common property
93. Transactions affecting common property or parcel
94. Power of strata company to carry out work
95. Power of strata company to enter any part of parcel
96. Recovery of records, keys and property

Subdivision 2 -- Insurance

97. Required insurance
98. Notice to member of strata company
99. Member may obtain required insurance

Subdivision 3 -- Financial management

100. Administrative and reserve funds and contributions
101. Accounting records and statement of accounts
102. Budget

Subdivision 4 -- Representation and judgment debts

103. Strata company is representative of owners in proceedings

Subdivision 5 -- Records and correspondence

104. Records and correspondence
105. Roll to be kept by strata company
106. Address for service if no roll maintained in 2, 3, 4 or 5-lot scheme

Subdivision 6 -- Provision of information

107. Application by person with proper interest in information
108. Contact information
109. Inspection of material
110. Certificates
111. Legal professional privilege and defamation

Subdivision 7 -- Miscellaneous powers

112. Compliance with scheme by-laws
113. Enforcement of road laws
114. Enforcement of local laws
115. Power to terminate certain contracts for amenities or services
116. Powers of strata company generally

Subdivision 8 -- Limitations

117. Limitations on exercise of powers
118. Common seal and execution of documents

Division 2 -- Objectives

119. Objectives

Division 3 -- Procedures

Subdivision 1 -- Voting and resolutions

120. Voting
121. Voting period
122. Counting of votes
123. Resolutions
124. Voting by proxy
125. Disqualification from voting as proxy
126. Exercise of voting power in certain cases

Subdivision 2 -- Meetings of strata company

127. Annual general meetings of strata company
128. Extraordinary general meetings of strata company
129. Notice requirements for all general meetings
130. Quorum at general meetings
131. Holding meetings remotely
132. Conducting business at general meetings
133. Resolutions of general meetings
134. Performance of restricted council functions in general meeting

Division 4 -- Councils

135. Functions and constitution of councils
136. Corporate body may be officer or council member
137. Council members: general duties and conflicts of interest

Division 5 -- Miscellaneous

138. Performance of council functions in general meeting if no council or quorum
139. Contract formalities
140. Special rules for 2, 3, 4 or 5-lot schemes
141. Protection from liability
142. Exclusion of Corporations Act

PART 9 -- Strata managers

143. Authorisation of functions of strata manager
144. Requirements to be met by strata manager
145. Strata management contracts: minimum requirements
146. General duties and conflict of interest
147. Disclosure of remuneration and other benefits
148. Operation of accounts
149. Accounting information
150. Audits
151. Termination of strata management contract
152. Return of records and other property
153. Provision of information about industry
154. Contracting out prohibited
155. Protection from liability

PART 10 -- Protection of buyers

156. Information to be given before contract
157. Information to be given after contract
158. Delay in settlement for failure to give information
159. Avoidance of contract for failure to give information
160. Avoidance of contract on notification of variation for material prejudice
161. Avoidance of contract for failure to disclose type 1 notifiable variation
162. Avoidance of contract for failure to disclose type 2 notifiable variation
163. Proposed lot contract
164. Avoidance of contract -- manner and effect
165. Contracting out prohibited

PART 11 -- Variation of strata titles scheme by Tribunal

Division 1 -- On damage or destruction

166. Variation of strata scheme on damage or destruction of building

Division 2 -- On compulsory acquisition

167. Variation of strata scheme on taking
168. Variation of survey-strata scheme on taking
169. Acquiring authority to lodge redefining plan after partial taking

Division 3 -- Notice of applications

170. Notice of application for order under section 166, 167 or

PART 12 -- Termination of strata titles scheme

Division 1 -- Introduction

171. Forms of termination

Division 2 -- Expiry of leasehold scheme

172. Notification of expiry

Division 3 -- Termination proposal

173. Proponent
174. Outline of termination proposal
175. Content of outline of termination proposal
176. Ordinary resolution and support of owner of leasehold scheme required to proceed further
177. Approval of plan of subdivision
178. Full proposal
178A. Reference of full proposal to independent advocate
179. Content of full proposal
180. Support of owner of leasehold scheme required
181. Meetings and submissions
182. Vote
183. Confirmation of termination resolution by Tribunal
184. Endorsement of subdivision approval on plan
185. Application for termination of scheme
186. Withdrawal of termination proposal
187. Notice that termination proposal cannot proceed further
188. Notices received by Registrar of Titles
189. Costs of process
190. Arrangements for independent advice or representation for owners

Division 4 -- Termination by single owner

191. Application for termination by single owner

Division 5 -- Directions for winding up of strata company

192. Order for directions about winding up of strata company

Division 6 -- Notice, application and registration process

193. Notice of expiry or application for termination of scheme
194. Registration process for termination of scheme
195. Effect of termination of scheme

Division 7 -- Termination on compulsory acquisition

196. Termination on compulsory acquisition

PART 13 -- Tribunal proceedings

197. Scheme disputes
198. Procedure
199. Declarations
200. Orders
201. Interim orders
202. Decision not to make order or declaration
203. Certain powers only exercisable by judicial member or legally qualified member
204. Limitations on orders
205. Administrator of strata company
206. Contributions for money payable by strata company
207. Enforcement of order to act
208. Order overrides existing scheme by-laws
209. Original jurisdiction
210. Internal review of order or declaration

PART 14 -- Miscellaneous

211. Other rights and remedies not affected by this Act
212. Caravan and camping areas not to be subdivided
213. Dividing fences
214. Internal fencing
215. Address for service
216. Service of documents on strata company, owners and others
217. Powers of entry under written laws
218. Correction of errors by Registrar of Titles
219. Delegation by Commissioner of Titles
220. Delegation by Registrar of Titles
221. Money received by Registrar of Titles
222. Disposition statement
223. Requirements under Transfer of Land Act
223A. Application in Swan Valley
224. Regulations
225. Certain prescribed fees may exceed cost recovery
226. Expiry of section
227. Review of this Act
228. Transitionals and savings: 3, 4 and
SCHEDULE 1 -- Governance by-laws
SCHEDULE 2 -- Conduct by-laws
SCHEDULE 2A -- Special provisions for single tier strata schemes
SCHEDULE 3 -- Transitional and savings provisions for transition from Strata Titles Act 1966 to this Act
SCHEDULE 4 -- Transitional provisions for the Strata Titles Amendment Act 1995 for by-laws of strata companies other than companies to which Schedule 3 applies
SCHEDULE 5 -- Transitional provisions for Strata Titles Amendment Act 2018

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