Western Australian Current Acts Western Australian Current Acts (1) In this Act unless
the contrary intention appears —
2, 3, 4 or 5-lot scheme means a strata titles
scheme in which there are, respectively, 2, 3, 4 or 5 lots;
address for service — see section 215;
ADI means an authorised deposit-taking institution
within the meaning given in the Banking Act 1959 (Commonwealth) section 5(1);
administrative fund — see section 100(1)(a);
administrator of a strata company means a person
appointed by the Tribunal as an administrator of the strata company under
section 205;
amendment of a strata titles scheme —see
section 12(2);
amendment in relation to common property or a lot
in a strata titles scheme — see subsection (7);
approved form — a document, evidence or
information is in an approved form only if it is in the form approved under
the regulations or Transfer of Land Act requirements and it complies with any
requirements of the regulations or Transfer of Land Act requirements;
assistance animal has the meaning given in the
Disability Discrimination Act 1992 (Commonwealth) section 9(2);
associate — 2 persons are associates if
—
(a) 1 is
the spouse or de facto spouse of the other; or
(b) 1 is
the child or grandchild of the other; or
(c) they
have a parent or grandparent in common; or
(d) they
are partners; or
(e) they
are directors of the same body corporate; or
(f) 1 is
employed by the other; or
(g) 1 is
a body corporate and the other is a director, officer or employee of the body
corporate or a person who is otherwise in a position to control or
substantially influence the conduct of the body corporate; or
(h) they
are bodies corporate and the same person is a director of both bodies
corporate;
Authority means the Western Australian Land
Information Authority established by the Land Information Authority Act 2006
section 5;
building includes structure;
capital value has the meaning given in the
Valuation of Land Act 1978 section 4(1);
chairperson of a general meeting of a strata
company means the person presiding at the meeting;
chairperson of a strata company means the member
of the council of the strata company holding office as the chairperson of the
strata company;
Commissioner of Titles means the person holding or
acting in the office of the Commissioner of Titles under the Transfer of Land
Act 1893 ;
common property — see section 10;
common property (utility and sustainability
infrastructure) easement means an easement under section 64;
conduct by-laws for a strata titles scheme —
(a)
means scheme by-laws (other than governance by-laws) dealing with —
(i)
the conduct of an owner or occupier of a lot in the
scheme or of any other person on the land subdivided by the scheme; or
(ii)
the management, control, use or enjoyment of a lot or
common property in the scheme;
and
(b)
includes the following —
(i)
scheme by-laws set out in Schedule 2;
(ii)
scheme by-laws that deal with any of the following
—
(I) landscaping requirements to be observed
by owners of lots;
(II) the maintenance
of water, sewerage, drainage, gas, electricity, telephone and other services;
(III) insurance of the
common property;
(IV) safety and
security;
(V) procedures for the resolution of
disputes;
(iii)
scheme by-laws classified by the regulations as conduct
by-laws;
contract means a contract, agreement or document
that legally binds a person, whether conditionally or unconditionally;
contributions means the levies imposed on owners
of lots by a strata company to raise amounts for payment into its
administrative fund or reserve fund under section 100;
council means the governing body of a strata
company;
cubic space — see subsection (3);
designated interest means —
(a) a
registered mortgage; or
(b) a
registered lease; or
(c) a
caveat recorded under the Transfer of Land Act 1893 ; or
(d) the
interest of a judgment creditor named in a property seizure and sale order
registered under the Transfer of Land Act 1893 section 133; or
(e) the
interest of a person named in a memorial registered under the
Transfer of Land Act 1893 as having a statutory right requiring the consent of
the person to any dealing with the land; or
(f) a
plantation interest registered under the Transfer of Land Act 1893 ; or
(g) a
carbon covenant registered under the Transfer of Land Act 1893 ;
development has the meaning given in the
Planning and Development Act 2005 section 4(1);
disability has the meaning given in the
Disability Discrimination Act 1992 (Commonwealth) section 4(1);
disposition statement — see section 222;
electronic address means —
(a) an
email address; or
(b)
anything included in this definition by the regulations;
encumbrance has the meaning given in the
Transfer of Land Act 1893 section 4(1);
exclusive use by-laws — see section 43(1);
expiry day for a leasehold scheme — see
section 8(3)(c);
financial year for a strata company means —
(a) if
the scheme by-laws are silent on the matter, the period of 12 months ending on
30 June; or
(b) if
the scheme by-laws specify a period of 12 months ending on a different date as
the financial year for the scheme, the period specified in the by-laws;
first mortgagee of a lot in a strata titles scheme
means a registered mortgagee who is first entitled in priority and who has
given written notice of the mortgage to the strata company for the scheme;
floor includes a stairway or ramp;
floor area of a cubic space means the area
occupied on a horizontal plane by the base of that cubic space;
floor plan means a plan for a strata scheme,
consisting of 1 or more sheets, which —
(a)
defines by lines (in paragraph (c) referred to as base lines ) the base of
each vertical boundary of every cubic space forming the whole of a lot, or the
whole of any part of a lot, to which the plan relates; and
(b)
shows —
(i)
the floor area of any such cubic space; and
(ii)
if any such cubic space forms part only of a lot, the
aggregate of the floor areas of every cubic space that forms part of the lot;
and
(c) if
lots or parts of lots to which the plan relates are superimposed on other lots
or parts of lots to which the plan relates —
(i)
shows the base lines in respect of the lots or parts of
lots that are so superimposed separately from those in respect of the other
lots or parts of lots on which they are superimposed; and
(ii)
specifies, by reference to floors or levels, the order in
which that superimposition occurs;
Note for this definition:
Also see subsections
(2) to (4).
freehold scheme — see section 8(2);
Note for this definition :
A freehold scheme may
be a strata scheme or a survey-strata scheme depending on how the lots are
defined: see section 9.
fundamental covenant or condition — see
section 52(1)(b);
governance by-laws for a strata titles scheme
—
(a)
means scheme by-laws dealing with —
(i)
the governance of the scheme; or
(ii)
the subdivision or development of the land subdivided by
the scheme (other than a matter of landscaping); or
(iii)
exclusive use of common property in the scheme;
and
(b)
includes the following —
(i)
scheme by-laws set out in Schedule 1;
(ii)
leasehold by-laws;
(iii)
staged subdivision by-laws;
(iv)
exclusive use by-laws;
(v)
scheme by-laws made under a planning (scheme by-laws)
condition;
(vi)
scheme by-laws setting out architectural requirements
designed to control or preserve the essence or theme of development;
(vii)
scheme by-laws that specify plot ratio restrictions or
open space requirements;
(viii)
scheme by-laws affecting the provision of, or payment for
—
(I) internal fencing on the parcel; or
(II) fencing to which
the Dividing Fences Act 1961 applies;
(ix)
scheme by-laws for a 3, 4 or 5-lot scheme that exempt the
strata company from a designated function under section 140;
(x)
scheme by-laws that deal with —
(I) the constitution or procedures of the
council of the strata company; or
(II) the officers of
the strata company; or
(III) the procedures
of a general meeting of the strata company; or
(IV) the organisation
of the affairs of the strata company; or
(V) contributions, levies or money payable
by the owner of a lot in the scheme to the strata company; or
(VI) the carrying on
of a business or trading activity by the strata company or the method of
distributing and sharing any profit or loss;
(xi)
scheme by-laws classified by the regulations as
governance by-laws;
infrastructure includes public or private access
ways, lifts, swimming pools, gymnasiums, shared carparks, loading bays other
recreational facilities, infrastructure for utility services and other
fixtures and, in each case, associated equipment;
infrastructure contract — see
section 64(1)(a);
infrastructure owner — see section 64(3);
insurable asset of a strata titles scheme —
(a)
means —
(i)
the common property of the scheme (including the fixtures
and improvements on the common property); or
(ii)
the parts of scheme buildings that comprise lots in the
scheme (including the paint and wallpaper); or
(iii)
anything included in this definition by the regulations;
but
(b) does
not include —
(i)
fixtures or improvements on the common property that are
not themselves common property; or
(ii)
carpet and temporary wall, floor and ceiling coverings in
a scheme building; or
(iii)
fixtures removable by a lessee at the expiration of a
tenancy; or
(iv)
anything excluded from this definition by the
regulations;
interim development order has the meaning given in
the Planning and Development Act 2005 section 4(1);
item registered or recorded for a strata titles
scheme — see section 58(5);
Note for this definition:
For example, an item
may comprise an estate, interest, right, encumbrance, notification, memorial
or caveat.
judicial member has the meaning given in the
State Administrative Tribunal Act 2004 section 3(1);
key document in relation to a subdivision of land
by a strata titles scheme (including a stage of subdivision) means each of the
following —
(a) the
application for registration of the scheme or amendment of the scheme to give
effect to the subdivision and everything that accompanies the application;
(b) the
scheme documents, or amendments of the scheme documents, as registered for the
subdivision;
(c)
planning approvals for the subdivision and development associated with the
scheme;
(d)
occupancy permits and building approval certificates under the
Building Act 2011 relating to development associated with the subdivision;
(e)
official notices relating to the subdivision or development associated with
the subdivision;
(f)
specifications, diagrams and drawings relating to the parcel or a building on
the parcel (including any specifications, diagrams and drawings that show
utility conduits, utility infrastructure or sustainability infrastructure);
(g)
warranty documents and operational and servicing manuals for infrastructure
that ought reasonably to be given to the strata company;
(h)
certificates and schedules relating to the insurance required for, or relating
to, the scheme taken out or arranged by the scheme developer of the
subdivision;
(i)
any contracts for the provision of services or amenities
to the strata company or to members of the strata company entered into or
arranged by the scheme developer for the subdivision or by the strata company;
(j) any
leases or licences over the common property of the scheme;
(k)
accounting records and other documents that ought reasonably to be given to
the strata company;
(l)
anything included in this definition by the regulations;
land means land that is under the operation of the
Transfer of Land Act 1893 and held by the registered proprietor of the land in
fee simple;
lease of a lot includes a sublease of the lot, but
does not, in a leasehold scheme, include the strata lease for the lot;
leasehold by-laws — see section 40;
leasehold scheme — see section 8(3);
Note for this definition :
A leasehold scheme may
be a strata scheme or a survey-strata scheme depending on how the lots are
defined: see section 9.
legally qualified member has the meaning given in
the State Administrative Tribunal Act 2004 section 3(1);
licensed surveyor has the meaning given in the
Licensed Surveyors Act 1909 section 3;
licensed valuer has the meaning given in the
Land Valuers Licensing Act 1978 section 4;
local government means a local government,
regional local government or regional subsidiary;
local planning scheme has the meaning given in the
Planning and Development Act 2005 section 4(1);
location plan for a strata scheme means a plan,
consisting of 1 or more sheets, which relates to land and delineates the
perimeter of that land and, in relation to that perimeter, the location of any
building erected on that land and of any lots or part of lots not within any
such building;
lot in a strata scheme means 1 or more cubic
spaces forming part of the parcel subdivided by the strata scheme, the base of
each such cubic space being designated as 1 lot or part of 1 lot on the floor
plan forming part of the strata plan or an amendment of the strata plan being,
in each case, cubic space the base of whose vertical boundaries is as
delineated on a sheet of that floor plan and which has horizontal boundaries
as ascertained under subsection (2), but does not include any structural cubic
space except if that structural cubic space —
(a) has
boundaries described in accordance with the regulations; and
(b) is
shown in that floor plan as part of a lot;
Note for this definition:
Schedule 2A provides
for a special rule about the definition of lot in a single tier strata scheme.
lot in a survey-strata scheme means land that is
shown as a lot consisting of 1 or more parts on the plan for that scheme;
member of a strata company — see
section 14(8);
member of the council of a strata company includes
a person appointed under scheme by-laws to act as a member of the council;
monetary order has the meaning given in the State
Administrative Tribunal Act 2004 section 3(1);
mortgage includes a charge for securing money or
money’s worth;
mortgagee of a lot in a leasehold scheme includes
a mortgagee or chargee of the strata leasehold estate in the lot;
notifiable variation means —
(a) a
type 1 notifiable variation; or
(b) a
type 2 notifiable variation;
occupier of a lot means a person who occupies the
lot on a temporary or permanent basis (either solely or jointly with other
persons) and includes a person who is unlawfully in occupation of a lot;
officer of a strata company means —
(a) the
chairperson of the strata company; or
(b) if,
under the scheme by-laws, the strata company has a secretary, the secretary of
the strata company; or
(c) if,
under the scheme by-laws, the strata company has a treasurer, the treasurer of
the strata company;
on common property in relation to infrastructure
means situated in or on common property;
open space means the area of a lot that is not
occupied by a building, calculated in accordance with the regulations;
order to act means an order of the Tribunal that
—
(a) is
not a monetary order; and
(b)
requires a person to take specified action or to refrain from taking specified
action;
ordinary resolution of a strata company —
see section 123;
original proprietor of a strata titles scheme
means the person registered under the Transfer of Land Act 1893 as the
proprietor of an estate in fee simple in a parcel immediately before it is
subdivided by a strata titles scheme;
owner of a leasehold scheme means the person
registered under the Transfer of Land Act 1893 as the holder of the freehold
reversion in the land that comprises the parcel (being an interest that will
revert to an estate in fee simple on the expiry or termination of the scheme);
owner of a lot means —
(a) for
a lot in a freehold scheme —
(i)
a person who is registered under the Transfer of Land
Act 1893 as the proprietor of an estate in fee simple in the lot; or
(ii)
if the fee simple is divided into a life estate with a
remainder or reversionary interest — a person who is registered as the
proprietor of a life estate in the lot to the exclusion of the proprietor of
the remainder or reversionary interest in the lot; or
(iii)
if a mortgagee is in possession of the lot — the
mortgagee to the exclusion of the persons referred to in the preceding
paragraphs;
or
(b) for
a lot in a leasehold scheme —
(i)
a person who is registered under the Transfer of Land
Act 1893 as the proprietor of a strata leasehold estate in the lot; or
(ii)
if a mortgagee is in possession of the lot — the
mortgagee to the exclusion of a person referred to in the preceding paragraph;
parcel means the land subdivided by a strata
titles scheme;
planning approval means an approval of the
subdivision of land or development required under this Act or the
Planning and Development Act 2005 , and includes the approval or endorsement
of approval of the Planning Commission on a scheme plan or amendment of a
scheme plan;
Planning Commission means the Western Australian
Planning Commission established under the Planning and Development Act 2005 ;
planning (scheme by-laws) condition means a
condition of a planning approval requiring a strata titles scheme to have
specified scheme by-laws, which may include by-laws that provide that they
cannot be amended or repealed without the approval of the Planning Commission,
each local government in whose district the parcel is situated or some other
specified body (such as a government agency or a utility service provider);
plot ratio , in relation to a lot or parcel, means
the ratio of the gross total of the areas of all floors in any building on the
lot or parcel to the area of the lot or parcel, and is to be calculated in
such manner as is prescribed;
present at a meeting of a strata company —
see section 131;
President has the meaning given in the State
Administrative Tribunal Act 2004 section 3(1);
proponent of a termination proposal — see
section 173;
Register has the meaning given in the
Transfer of Land Act 1893 section 4(1);
registered lease means a lease registered under
the Transfer of Land Act 1893 ;
registered mortgage means a mortgage or charge
(including a statutory charge) registered under the Transfer of Land Act 1893
;
Registrar of Titles means the person holding or
acting in the office of the Registrar of Titles under the Transfer of Land
Act 1893 ;
replacement value of an insurable asset means
—
(a) the
amount required to rebuild, replace, repair or restore the asset so that, on
completion of the work, the asset is no less extensive and in no worse
condition than when the asset was new; and
(b) the
amount required for costs of demolition, site clearance and the remuneration
of architects, surveyors, engineers and other persons whose services are
necessary for the rebuilding, replacement, repair or restoration of the asset;
reserve fund — see section 100(2)(a);
resolution without dissent of a strata company
— see section 123;
restricted use condition — see
section 32(2)(a);
Note for this definition:
An example of a
restricted use is use of a strata titles scheme as a retirement village.
schedule of unit entitlements for a strata titles
scheme means the schedule of unit entitlements registered, or proposed to be
registered, for the scheme as a scheme document;
scheme building means a building shown on a strata
plan and by reference to which the boundaries of lots are defined;
scheme by-laws for a strata titles scheme means
the scheme by-laws registered, or proposed to be registered, for the scheme as
a scheme document;
Note for this definition:
Scheme by-laws may be
governance by-laws or conduct by-laws.
scheme developer —
(a) for
the initial subdivision of a parcel by registration of a strata titles scheme,
the original proprietor of the scheme is the scheme developer; and
(b) for
a subsequent subdivision of land by registration of an amendment of a strata
titles scheme to which staged subdivision by-laws apply, the owners of lots
that are, on registration of the amendment, subdivided by that subdivision
together constitute the scheme developer;
scheme dispute — see section 197;
scheme document — see section 12;
scheme function for a strata titles scheme means
—
(a) a
function of the strata company; or
(b) a
function of the council of the strata company; or
(c) a
function of an officer of the strata company;
scheme notice for a strata titles scheme means the
scheme notice registered, or proposed to be registered, for the scheme as a
scheme document;
scheme participant — see section 197(2);
scheme plan for a strata titles scheme means the
strata plan or survey-strata plan registered, or proposed to be registered,
for the strata titles scheme as a scheme document;
settlement date for a contract for the purchase
and sale of a lot means —
(a) the
date on which the purchase price, or the balance of the purchase price, for
the lot is paid in exchange for documents that enable the buyer to be
registered as the owner of the lot; or
(b) if
the contract for the lot is a terms contract within the meaning given in the
Sale of Land Act 1970 section 5, the date on which the buyer becomes entitled
to possession or occupation of the lot;
short form easement or restrictive covenant
— see section 33(1);
site value has the meaning given in the
Valuation of Land Act 1978 section 4(1);
special common property — see section 43(1);
special lot — see section 43(1);
special resolution of a strata company — see
section 123;
staged subdivision by-laws — see section 42;
statutory easement means an easement under Part 5
Division 3;
strata company means a body corporate established
under section 14 on registration of a strata titles scheme;
strata lease for a lot in a leasehold scheme means
the lease registered, or proposed to be registered, for the lot as a scheme
document;
strata leasehold estate means a leasehold estate
held under a strata lease;
strata management contract — see
section 144(1)(a);
strata manager — see section 143(1);
strata plan means a scheme plan for a strata
scheme;
strata scheme — see section 9;
strata title — see section 13;
strata titles scheme means —
(a) a
strata scheme; or
(b) a
survey-strata scheme;
Note for this definition:
Section 7 describes
the abstract concept of a strata titles scheme and what such a scheme is
designed to achieve. Section 9 sets out how the boundaries of lots in a strata
titles scheme may be defined. If there is a scheme building divided into lots,
the scheme is a strata scheme. If the lots are defined without reference to a
building, the scheme is a survey-strata scheme. No matter how the boundaries
are defined, the scheme may be either a freehold scheme or a leasehold scheme
reflecting the 2 types of tenure described in section 8.
structural cubic space means —
(a)
cubic space occupied by a vertical structural member, not being a wall, of a
building; or
(b)
utility conduits in a building; or
(c)
cubic space enclosed by a structure enclosing utility conduits,
but does not include utility conduits that are for
the exclusive use or enjoyment of 1 lot;
Note for this definition:
Schedule 2A provides
for a special rule about the definition of structural cubic space for single
tier strata schemes.
subdivision of land by a strata titles scheme
— see section 11;
survey-strata plan means a scheme plan for a
survey-strata scheme;
survey-strata scheme — see section 9;
sustainability infrastructure means infrastructure
that is designed or is likely to avoid, remedy or mitigate adverse effects on
the environment;
Examples for this definition:
Sustainability
infrastructure includes solar panels, clothes lines and rainwater tanks.
take , taken and taking have, in Part 11 Division
2, the meanings given in the Land Administration Act 1997 Part 9;
temporary common property means land leased by a
strata company under section 92 and registered as temporary common property in
the strata titles scheme as a result of inclusion in the description of
temporary common property in the scheme plan;
termination infrastructure report — see
section 179(2);
termination proposal — see section 174(1);
termination resolution — see section 182;
termination valuation report — see
section 179(3);
Transfer of Land Act requirements means
requirements determined under the Transfer of Land Act 1893 section 182A;
Tribunal means the State Administrative Tribunal;
type 1 notifiable variation means any of the
following that occur after a contract for the sale and purchase of a lot in a
strata titles scheme is entered into but before the settlement date for the
contract —
(a) the
area or size of the lot or proposed lot is reduced by 5% or more from the area
or size notified to the buyer before the buyer entered into the contract;
(b) the
proportion that the unit entitlement, or a reasonable estimate of the unit
entitlement, of the lot bears to the sum of the unit entitlements of all the
lots is increased by 5% or more, or decreased by 5% or more, from the
proportion that the unit entitlement, or the estimate of the unit entitlement,
of the lot notified to the buyer before the buyer entered into the contract
bears to the sum of the unit entitlements of all the lots as so notified;
(c)
anything relating to a proposal for the termination of the strata titles
scheme is served on the seller by the strata company;
(d) any
other event classified by the regulations as a type 1 notifiable variation;
type 2 notifiable variation means any of the
following that occur after a contract for the sale and purchase of a lot in a
strata titles scheme is entered into but before the settlement date for the
contract and that do not give rise to a type 1 notifiable variation —
(a) the
scheme plan, or proposed scheme plan or amendment of the scheme plan, for the
strata titles scheme is modified in a way that affects the lot or the common
property;
(b) the
schedule of unit entitlements, or proposed schedule of unit entitlements or
amendment of the schedule of unit entitlements, for the strata titles scheme
is modified in a way that affects the lot;
(c) the
scheme by-laws, or proposed scheme by-laws, are modified;
(d) the
strata company or a scheme developer —
(i)
enters into a contract for the provision of services or
amenities to the strata company or to members of the strata company or a
contract that is otherwise likely to affect the rights of the buyer; or
(ii)
varies an existing contract of that kind in a way that is
likely to affect the rights of the buyer;
(e) a
lease, licence, right or privilege over the common property in the strata
titles scheme is granted or varied;
(f) any
other event classified by the regulations as a type 2 notifiable variation;
Note for this definition:
For when an amendment
of a strata titles scheme affects a lot or common property see subsection (7).
type 1 subdivision means —
(a) the
addition of land from outside the parcel of a strata titles scheme to common
property in the scheme (but not including temporary common property); or
(b) the
conversion of a lot in a strata titles scheme to common property in the
scheme;
type 2 subdivision means the removal from the
parcel of a strata titles scheme of land comprised of common property;
type 3 subdivision means a consolidation of 2 or
more lots in a strata titles scheme into 1 lot in the scheme (not affecting
common property in the scheme);
type 4 subdivision means a subdivision that does
not involve the alteration of the boundaries of the parcel and is not a type
1, type 2 or type 3 subdivision;
Note for the definitions of types of subdivision:
1. There are 4 types
of amendment of a strata titles scheme that give effect to a subdivision, with
varying requirements for resolutions and consents:
• A type 1 subdivision covers adding land
from outside the parcel to the common property (other than as temporary common
property) and what was formerly referred to as conversion of lots into common
property.
• A type 2 subdivision covers the removal of
common property from the parcel of a strata titles scheme.
• A type 3 subdivision covers what was
formerly referred to as consolidation of lots.
• A type 4 subdivision covers what was
formerly referred to as re-subdivision.
2. Re-subdivision of a
lot or common property was defined in section 3(5) of the Act as in force
immediately before the Strata Titles Amendment Act 2018 to include the
alteration of the boundaries of —
• 1 or more lots so as to create only 2 or
more different lots; or
• 1 or more lots so as to create 1 or more
different lots and common property; or
• 1 or more lots and common property so as
to create 1 or more different lots or 1 or more different lots and common
property; or
• common property so as to create 1 or more
lots or 1 or more lots and common property.
unanimous resolution of a strata company —
see section 123;
unit entitlement of a lot — see
section 37(1)(a);
utility conduit means a conduit for the provision
of a utility service (including pipes, wires, cables and ducts);
utility infrastructure means infrastructure and
equipment necessary for, or related to, the provision of a utility service;
utility service means —
(a) the
collection and passage of stormwater; or
(b) the
supply of water for drinking or any other use; or
(c) a
sewerage and drainage service; or
(d) a
garbage collection service; or
(e) a
gas, electricity or air service, including air conditioning and heating; or
(f) a
communication or data service, including telephone, radio, television and
internet; or
(g) a
service classified by the regulations as a utility service; or
(h)
another like service;
utility service easement means an easement under
section 63;
vacant lot means a lot that is wholly unimproved
apart from having merged improvements within the meaning given in the
Valuation of Land Act 1978 section 4(1);
volunteer strata manager means a strata manager of
a strata company who —
(a) is
the owner of a lot in the strata titles scheme; and
(b) does
not receive any fee, reward or benefit for work performed as a strata manager
other than an honorary fee or reward not exceeding, if an amount is fixed by
the regulations, that amount; and
(c)
personally performs the work of the strata manager;
wall includes a door, window or other structure
dividing a lot in a strata titles scheme from common property or from another
lot in the scheme;
working day means a day other than a Saturday, a
Sunday or a public holiday throughout the State.
(2) The boundaries of
a cubic space referred to in paragraph (a) of the definition of floor plan in
subsection (1) —
(a)
except as provided in paragraph (b) —
(i)
are in the case of a vertical boundary, if the base of a
wall corresponds substantially with a line referred to in paragraph (a) of
that definition — the inner surface of that wall; and
(ii)
are, in the case of a horizontal boundary, if a floor or
ceiling joins a vertical boundary of that cubic space — the upper
surface of that floor and the under surface of that ceiling;
or
(b) are
such boundaries as are described on a sheet of the floor plan relating to that
cubic space (those boundaries being described in the manner required by the
regulations by reference to a wall, floor or ceiling in a building to which
that plan relates or to structural cubic space within that building).
Note for this subsection:
Schedule 2A provides
for a special rule about lot boundaries for single tier strata schemes.
(2A) Despite
subsection (2), if —
(a) a
strata plan creates a boundary external to a building; or
(b)
other circumstances specified in the regulations apply,
the floor plan may
include dimensions or survey information defining that boundary, in the manner
required by the regulations, by reference to the parcel boundary.
(3) A reference in
this Act to cubic space includes a reference to space contained in any
three-dimensional geometric figure which is not a cube.
(4) The fact that any
boundary is defined in a plan in terms of or by reference to —
(a) a
wall that is not vertical; or
(b) a
floor or ceiling that is not horizontal,
does not prevent that
plan from being a floor plan.
[(5) deleted]
(6) Except in so far
as the context or subject-matter otherwise indicates or requires, it is a
sufficient compliance with any provision of this Act requiring an instrument
to be accompanied by another instrument if that other instrument is endorsed
on the first-mentioned instrument.
(7) An amendment of a
strata titles scheme affects the common property or a lot in the scheme as
follows —
(a) an
amendment affects the common property to the extent that it involves an
amendment of the scheme plan that —
(i)
modifies the common property; or
(ii)
creates or discharges an easement or restrictive covenant
that benefits or burdens the common property;
(b) an
amendment affects a lot to the extent that it involves an amendment of the
scheme plan that —
(i)
modifies the definition of boundaries of the lot; or
(ii)
creates or discharges an easement or restrictive covenant
that benefits or burdens the lot;
(c) an
amendment affects a lot to the extent that it involves an amendment of the
schedule of unit entitlements for the scheme that modifies the unit
entitlement of the lot.
[Section 3 amended: No. 84 of 1994 s. 46(12); No.
58 of 1995 s. 5 2 , 95 and 96; No. 14 of 1996 s. 4; No. 61 of 1996 s. 4 and 5;
No. 79 of 1996 s. 28; No. 81 of 1996 s. 153(1); No. 74 of 2003 s. 112(2), (3);
No. 55 of 2004 s. 1107 and 1156(1); No. 38 of 2005 s. 15; No. 60 of 2006
s. 160(2); No. 30 of 2018 s. 7; No. 9 of 2022 s. 405.]
[Former sections 3A and 3AB redesignated as clauses 3A and 3AB and relocated
to Schedule 2A Part 2: No. 30 of 2018 s. 117.]
[ 3AC-3D. Deleted: No. 30 of 2018 s. 82(b).]