Western Australian Consolidated Acts

STRATA TITLES ACT 1985

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Terms used in this Act  
   3A.     Single tier strata schemes to which section 3AB applies  
   3AB.    Alternative boundaries for lots in single tier strata schemes  
   3AC.    Meaning of “resolution without dissent”  
   3B.     Special resolution of a strata company  
   3C.     Supplementary provisions to sections 3AC and 3B  
   3CA.    Certain resolutions deemed to be resolutions without dissent or special resolutions  
   3D.     Unfinancial proprietors may vote in certain cases

   PART II -- Strata schemes and survey-strata schemes

           Division 1 -- Creation of lots and common property  

   4.      Subdivision into lots and common property  
   5.      Strata plan: requirements  
   5A.     Survey-strata plan: requirements  
   5B.     Further provisions as to registration of plans  
   5C.     Management statement setting out by-laws may be registered  
   5D.     Creation of easements by notation on survey-strata plans  
   5E.     Provision on plan etc. overrides regulations as to easements  
   5F.     Variation or discharge of easements under section 5D  
   5G.     Easement where common ownership  
   5H.     Regulations as to easements  
   6.      Strata/survey-strata plan may restrict use of parcel or part of parcel  
   6A.     Restrictions relating to retired persons  
   7.      Structural erections, alterations and extensions restricted, strata schemes  
   7A.     Structural erections, alterations and extensions restricted, survey-strata schemes  
   7B.     Further provisions as to approvals for purposes of sections 7 and 7A  
   8.      Re-subdivision within a scheme  
   8A.     Requirements for plan of re-subdivision  
   8B.     Transfers etc. to give effect to plan  
   8C.     Effect of registration of plan of re-subdivision  
   9.      Consolidation of lots  
   10.     Conversion of lots into common property  
   11.     Support and services  
   12.     Shelter  
   12A.    Access for maintenance where part of building intrudes into another lot  
   13.     Ancillary rights  
   14.     Unit entitlement of lots  
   15.     Reallocation of unit entitlement by resolution without dissent (or unanimous resolution, in the case of a two-lot scheme)  
   16.     Reallocation of unit entitlement by State Administrative Tribunal

           Division 2 -- Common property  

   17.     Ownership of common property  
   18.     Acquisition of additional common property  
   19.     Transfer or lease of common property  
   20.     Creation of easements and covenants  
   21.     Encroachments treated as common property

           Division 2A -- Merger of common property into lots in certain strata schemes

              Subdivision 1 -- Preliminary  

   21A.    Term used in this Division  
   21B.    Division only applies to single tier strata schemes  
   21C.    Procedures cannot be invoked more than once  
   21D.    Saving

              Subdivision 2 -- Merger by resolution of buildings that are common property  

   21E.    Application  
   21F.    Resolution by strata company  
   21G.    Lodgement of notice of resolution for registration  
   21H.    Registration of notice of resolution  
   21I.    Effect of registration  
   21J.    Registrar of Titles to amend strata plan

              Subdivision 3 -- Automatic merger of buildings that are common property  

   21K.    Terms used in this Subdivision  
   21L.    Application  
   21M.    Automatic application of lot boundaries under section 3AB  
   21N.    Plan to be noted  
   21O.    Objection by proprietor

              Subdivision 4 -- Merger by resolution of land that is common property  

   21P.    Application  
   21Q.    Resolution by strata company  
   21R.    Further provisions as to contents of resolution  
   21S.    Notice of resolution may be lodged for registration  
   21T.    Documents to accompany notice  
   21U.    Certificate of licensed surveyor  
   21V.    Transfers etc. to give effect to notice of resolution  
   21W.    Creation of easements for parking etc.  
   21X.    Registration of notice of resolution  
   21Y.    Effect of registration  
   21Z.    Registrar of Titles to make necessary amendments

           Division 3 -- Certificates and approvals  

   22.     Certificate of licensed surveyor  
   23.     Certificate of local government  
   24.     Preliminary determinations by local government  
   25.     Certificate of Commission  
   25A.    Commission to refer plan to other bodies in certain cases  
   25B.    Subdivision in survey-strata scheme requires approval by Commission  
   26.     Review of local government decision  
   27.     Review of Commission decision

   PART III -- Variation, termination and conversion of schemes

           Division 1 -- Variation of schemes  

   28.     Variation of strata scheme upon damage or destruction of building  
   29.     Variation of strata scheme upon taking  
   29A.    Variation of survey-strata scheme on resumption  
   29B.    Lodgement of documents with Registrar following partial taking in strata scheme

           Division 2 -- Termination of schemes  

   29C.    Termination of scheme by resumption  
   30.     Termination of strata scheme by unanimous resolution  
   30A.    Termination of survey-strata scheme by unanimous resolution  
   31.     Termination of scheme by order of District Court

           Division 3 -- Conversion of strata schemes to survey-strata schemes  

   31A.    Division only applies to single tier strata schemes registered before 1 January 1998  
   31B.    Saving  
   31C.    Resolution by strata company  
   31D.    Notice of resolution may be lodged for registration  
   31E.    Documents to accompany notice  
   31F.    Certificate of licensed surveyor  
   31G.    Creation of easements  
   31H.    Transfers etc. to give effect to resolution  
   31I.    Registration of notice of resolution  
   31J.    Effect of registration  
   31K.    Registrar of Titles to make necessary amendments

   PART IV -- Management

           Division 1 -- Strata companies  

   32.     Incorporation of proprietors  
   33.     Strata company is representative of proprietors in proceedings  
   34.     Contract formalities  
   35.     Duties of strata companies  
   35A.    Roll to be kept by strata company  
   36.     Levy of contributions on proprietors  
   36A.    Certain provisions do not apply to companies for two-lot schemes  
   36B.    Certain provisions may be excluded for 3, 4 or 5 lot schemes  
   37.     Powers of strata company  
   38.     Power of strata company to carry out work  
   39.     Power of strata company to enter  
   39A.    Power to terminate certain contracts for services  
   40.     Change of strata company’s address for service  
   41.     Change of name of strata company  
   42.     By-laws  
   42A.    By-laws may provide for penalties  
   42B.    By-laws may provide for different basis for levying contributions  
   42C.    Transitional provision  
   43.     Supply of information and certificates by strata company

           Division 2 -- Councils  

   44.     Functions of councils  
   45.     Corporate body may be chairman, secretary, treasurer or council member  
   46.     Performance of functions where no council or no quorum  
   47.     Restrictions on powers of expenditure  
   48.     Recovery of books and records by council

           Division 3 -- Meetings  

   49.     First annual general meeting  
   50.     Voting at meetings  
   50A.    Disqualification from voting as proxy  
   50B.    Quorum for meeting of strata company for two-lot scheme  
   51.     Relief where unanimous resolution or resolution without dissent required  
   51A.    Relief where unanimous resolution required for two-lot scheme  
   52.     Performance of functions by proprietors in general meeting

           Division 4 -- Insurance

              Subdivision 1 -- Preliminary  

   53.     Terms used in this Division

              Subdivision 2 -- Insurance in single tier strata schemes  

   53A.    Application of this Subdivision  
   53B.    Insurance for lots in single tier strata schemes  
   53C.    Insurance for common property in single tier strata schemes  
   53D.    Strata company’s obligations where it has an insurance function in single tier strata schemes  
   53E.    Recovery of premium by strata company where no administrative fund in single tier strata schemes

              Subdivision 3 -- Insurance in schemes other than single tier strata schemes  

   54.     Insurance of buildings and strata companies

              Subdivision 4 -- Insurance provisions applicable to all schemes  

   54A.    Where insurance cover refused, proprietor may be required to take action  
   55.     Further insurance by strata company  
   55A.    Proprietor liable for increased insurance premium in certain cases  
   56.     Insurance by proprietor  
   56A.    Proprietor may insure if strata company in default  
   57.     Insurance of mortgaged lot  
   58.     Insurable interest  
   59.     Application of insurance moneys to rebuilding

           Division 5 -- Rates, taxes and charges  

   60.     Delivery of plans to authorities  
   61.     Particulars on plan to be conclusive for rating and taxing purposes  
   62.     Rating on unimproved value  
   62A.    Rating for survey-strata schemes  
   63.     Rating on gross rental value  
   64.     Proprietor may seek a review of unimproved value of parcel  
   65.     Land tax and metropolitan region improvement tax  
   65A.    Land tax etc. for survey-strata schemes  
   66.     Charges for water supplied

   PART V -- Protection of purchasers  

   68.     Terms used in this Part  
   69.     Information to be given to purchaser  
   69A.    Notifiable information, to be given by every vendor  
   69B.    Notifiable information to be given by original proprietor in certain cases  
   69C.    Vendor to inform purchaser of full particulars of notifiable variation  
   69D.    When purchaser may avoid contract  
   69E.    Effect of avoidance  
   70.     Holding of deposit and other contract moneys when a lot is pre-sold  
   70A.    Contracting out prohibited  
   70B.    Saving

   PART VI -- Resolution of disputes

           Division 2 -- Applications for orders  

   77.     How applications are made  
   77B.    Disputes procedures for scheme to be followed  
   78.     State Administrative Tribunal may inspect certain records  
   79.     Notice of application to be given

           Division 3 -- Orders by State Administrative Tribunal  

   81.     Orders under this Division  
   82.     Interim orders  
   83.     General powers of State Administrative Tribunal to make orders  
   84.     Further powers of State Administrative Tribunal  
   85.     Order with respect to certain consents affecting common property  
   86.     Order with respect to acquisition of personal property  
   87.     Order to acquire personal property  
   88.     Order to make or pursue insurance claim  
   89.     Order varying certain rates of interest  
   90.     Order to supply information or documents  
   91.     Order relating to animal kept contrary to by-laws  
   92.     Order relating to animal kept pursuant to by-laws  
   93.     Order relating to by-laws  
   94.     Order granting certain licence  
   95.     State Administrative Tribunal may make certain by-laws  
   97.     Power of State Administrative Tribunal to invalidate a resolution or election  
   98.     Order authorising application to State Administrative Tribunal  
   99.     Order for variation or manner of payment of contributions  
   99A.    Order fixing different basis for levying contributions  
   100.    Order where voting rights denied or due notice of item of business not given  
   101.    Order varying amount of insurance to be provided  
   102.    Order appointing administrator  
   103.    Order calling first annual general meeting of strata company  
   103A.   Order for compliance, despite section 36A  
   103B.   Order to enable quorum in two-lot scheme  
   103C.   Order making resolution for two-lot scheme  
   103D.   Order cancelling special resolution  
   103E.   Order for termination of contract for services to strata company  
   103F.   Order dispensing with approval under section 7(2)  
   103G.   Order granting relief for breach of section 7(2)  
   103H.   Order for variation of unit entitlement  
   103I.   Order for payment of penalty  
   103J.   Order for exemption from section 54 or 55(1)  
   103K.   Order for compliance with section 54A  
   103L.   Order to contribute to insurance premium paid by proprietor  
   103M.   Order as to resolution under section 21F or 21Q  
   103N.   Order for extension of period for reinstatement of building under section 3AB(2)  
   103O.   Order for extension of period for reinstatement of building under regulations  
   103P.   Order reversing the effect of section 21M  
   103Q.   Order rectifying failure to give notice under section 123A  
   103R.   Order rectifying failure to give notice under section 123C  
   104.    Copy of order to be served

           Division 4 -- Appeals  

   111.    Expenses of strata company on appeal  
   113.    Copy of order to be served

           Division 5 -- Miscellaneous  

   114.    Effect of certain orders  
   115.    Recording of certain orders  
   121.    State Administrative Tribunal not to have jurisdiction where title to land in question

   PART VII -- Miscellaneous  

   122.    Other rights and remedies not affected by this Act  
   122A.   Caravan and camping areas not to be subdivided  
   123.    Dividing fences  
   123A.   Transitional provision as to dividing fences  
   123B.   Internal fencing  
   123C.   Transitional provision as to internal fencing  
   124.    Notice of application for order under section 28, 29 or 31  
   125.    Service of documents on strata company, proprietors and others  
   126.    Powers of entry by public authority or local government  
   127.    Service of orders by public authority or local government  
   129.    Procedure upon application to District Court  
   129A.   Correction of errors by Registrar  
   129B.   Delegation by Commissioner of Titles  
   129C.   Delegation by Registrar of Titles  
   129D.   Money received by Registrar  
   130.    Regulations  
   131.    Repeal  
   132.    Transitional and savings
           SCHEDULE 1 -- By-laws  
           SCHEDULE 2 -- Schedule 2 by-laws  
           SCHEDULE 2A -- Matters that may be provided for in management statement
           SCHEDULE 3 -- Transitional and savings provisions  
           SCHEDULE 4 -- Transitional provisions for by laws of strata companies other than companies to which Schedule 3 applies  
           Compilation table