Western Australia: Strata Titles Act 1985 (WA)

Western Australia Strata Titles Act 1985 Western Australia Strata Titles Act 1985 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Notes and examples not part of Act 1 5. Act binds Crown 1 Part 2 — Strata titles schemes 6. Legislative framework 1 7. Strata titles schemes 1 8. Freehold schemes and leasehold schemes 1 9. Lots — strata schemes and survey‑strata schemes 1 10. Common property 1 11. Subdivision of land by strata titles scheme 1 12. Registration of strata titles scheme 1 13. Strata titles 1 14. Strata company 1 Part 3 — Planning and development Division 1 — Planning approvals Subdivision 1 — Strata schemes 15. Subdivision approval of strata scheme 1 16. Application of Planning and Development Act 1 Subdivision 2 — Survey‑strata schemes 17. Subdivision approval of survey‑strata scheme 1 Subdivision 3 — General provisions 18. Planning (scheme by‑laws) condition 1 19. Planning approval of scheme plan or amendment of scheme plan 1 20. Approval for postponement of expiry day for leasehold scheme 1 21. Approval for modification of restricted use condition 1 22. Approval under planning (scheme by‑laws) condition 1 23. Requirement for local government approval 1 Division 2 — Preliminary determinations 24. Preliminary determinations by local government 1 Division 3 — Common property 25. Long term lease of temporary common property 1 26. Long term lease or licence over common property 1 Division 4 — Review of decisions 27. Review of Planning Commission decision 1 28. Review of local government decision 1 Part 4 — Scheme documents Division 1 — Scheme notice 29. Scheme notice 1 30. Scheme name and address for service of strata company 1 31. Postponement of expiry day for leasehold scheme 1 Division 2 — Scheme plans 32. Scheme plan 1 33. Short form easements or restrictive covenants 1 34. Requirements for registration of scheme plan 1 35. Requirements for registration of amendment of scheme plan 1 36. Exemption for staged subdivision 1 Division 3 — Schedule of unit entitlements 37. Schedule of unit entitlements 1 38. Requirements for registration of amendment of schedule of unit entitlements 1 Division 4 — Scheme by‑laws 39. Scheme by‑laws on registration 1 40. Leasehold by‑laws 1 41. Resolution for postponement of expiry day under leasehold by‑laws 1 42. Staged subdivision by‑laws 1 43. Exclusive use by‑laws 1 44. Making of scheme by‑laws 1 45. Application of scheme by‑laws 1 46. Invalidity of scheme by‑laws 1 47. Enforcement of scheme by‑laws 1 48. Requirements for registration of amendment to give effect to scheme by‑laws 1 Division 5 — Strata leases 49. Relationship with other laws 1 50. Term of strata lease 1 51. Limitations on powers of owner of leasehold scheme 1 52. Content and form of strata lease 1 53. Amendment of strata lease 1 54. Enforcement of strata lease 1 55. Contracting out prohibited 1 Part 5 — Registration and land titles Division 1 — Schemes and amendment of schemes 56. Application for registration 1 57. Effect of registration 1 58. Registration process 1 59. No presumption of validity of scheme by‑laws 1 Division 2 — Re‑entry or surrender of strata leases 60. Notice and registration 1 Division 3 — Statutory easements 61. Easement for support, shelter and projections — lot 1 62. Easement for support, shelter and projections — common property 1 63. Utility service easement 1 64. Common property (utility and sustainability infrastructure) easement 1 65. Entry under statutory easement 1 66. Rectification of damage 1 Division 4 — Rates, taxes and charges 67. Registrar of Titles to deliver copies of plans 1 68. Particulars on plan to be conclusive for rating and taxing purposes 1 69. Rating for strata schemes 1 70. Rating for survey‑strata schemes 1 71. Rating on gross rental value 1 72. Owner may seek a review of unimproved value of parcel 1 73. Land tax and metropolitan region improvement tax: strata schemes 1 74. Land tax and metropolitan region improvement tax: survey-strata schemes 1 75. Charges for water supplied 1 76. Water service charges under the Water Services Act 2012 1 Part 6 — Scheme developer 77. First statutory general meeting 1 78. Key documents 1 79. Disclosure of remuneration and other benefits 1 80. Defects in scheme buildings or infrastructure 1 81. Contracting out prohibited 1 Part 7 — Lot owners and occupiers Division 1 — General 82. Offence to contravene restricted use condition 1 83. Use and enjoyment 1 84. Insurance for lot 1 85. Person to act for lot owner in certain circumstances 1 Division 2 — Structural alteration of lots 86. Terms used in this Division 1 87. Structural alteration of lot in strata scheme 1 88. Structural alteration of lot in survey‑strata scheme 1 89. Approvals and objections to structural alterations 1 90. Order dispensing with approval for structural alteration of lot 1 Part 8 — Strata company Division 1 — Functions Subdivision 1 — Property 91. General duty 1 92. Temporary common property 1 93. Transactions affecting common property or parcel 1 94. Power of strata company to carry out work 1 95. Power of strata company to enter any part of parcel 1 96. Recovery of records, keys and property 1 Subdivision 2 — Insurance 97. Required insurance 1 98. Notice to member of strata company 1 99. Member may obtain required insurance 1 Subdivision 3 — Financial management 100. Administrative and reserve funds and contributions 1 101. Accounting records and statement of accounts 1 102. Budget 1 Subdivision 4 — Representation and judgment debts 103. Strata company is representative of owners in proceedings 1 Subdivision 5 — Records and correspondence 104. Records and correspondence 1 105. Roll to be kept by strata company 1 106. Address for service if no roll maintained in 2, 3, 4 or 5‑lot scheme 1 Subdivision 6 — Provision of information 107. Application by person with proper interest in information 1 108. Contact information 1 109. Inspection of material 1 110. Certificates 1 111. Legal professional privilege and defamation 1 Subdivision 7 — Miscellaneous powers 112. Compliance with scheme by‑laws 1 113. Enforcement of road laws 1 114. Enforcement of local laws 1 115. Power to terminate certain contracts for amenities or services 1 116. Powers of strata company generally 1 Subdivision 8 — Limitations 117. Limitations on exercise of powers 1 118. Common seal and execution of documents 1 Division 2 — Objectives 119. Objectives 1 Division 3 — Procedures Subdivision 1 — Voting and resolutions 120. Voting 1 121. Voting period 1 122. Counting of votes 1 123. Resolutions 1 124. Voting by proxy 1 125. Disqualification from voting as proxy 1 126. Exercise of voting power in certain cases 1 Subdivision 2 — Meetings of strata company 127. Annual general meetings of strata company 1 128. Extraordinary general meetings of strata company 1 129. Notice requirements for all general meetings 1 130. Quorum at general meetings 1 131. Holding meetings remotely 1 132. Conducting business at general meetings 1 133. Resolutions of general meetings 1 134. Performance of restricted council functions in general meeting 1 Division 4 — Councils 135. Functions and constitution of councils 1 136. Corporate body may be officer or council member 1 137. Council members: general duties and conflicts of interest 1 Division 5 — Miscellaneous 138. Performance of council functions in general meeting if no council or quorum 1 139. Contract formalities 1 140. Special rules for 2, 3, 4 or 5‑lot schemes 1 141. Protection from liability 1 142. Exclusion of Corporations Act 1 Part 9 — Strata managers 143. Authorisation of functions of strata manager 1 144. Requirements to be met by strata manager 1 145. Strata management contracts: minimum requirements 1 146. General duties and conflict of interest 1 147. Disclosure of remuneration and other benefits 1 148. Operation of accounts 1 149. Accounting information 1 150. Audits 1 151. Termination of strata management contract 1 152. Return of records and other property 1 153. Provision of information about industry 1 154. Contracting out prohibited 1 155. Protection from liability 1 Part 10 — Protection of buyers 156. Information to be given before contract 1 157. Information to be given after contract 1 158. Delay in settlement for failure to give information 1 159. Avoidance of contract for failure to give information 1 160. Avoidance of contract on notification of variation for material prejudice 1 161. Avoidance of contract for failure to disclose type 1 notifiable variation 1 162. Avoidance of contract for failure to disclose type 2 notifiable variation 1 163. Proposed lot contract 1 164. Avoidance of contract — manner and effect 1 165. Contracting out prohibited 1 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 1 Division 2 — On compulsory acquisition 167. Variation of strata scheme on taking 1 168. Variation of survey-strata scheme on taking 1 169. Acquiring authority to lodge redefining plan after partial taking 1 Division 3 — Notice of applications 170. Notice of application for order under section 166, 167 or 168 1 Part 12 — Termination of strata titles scheme Division 1 — Introduction 171. Forms of termination 1 Division 2 — Expiry of leasehold scheme 172. Notification of expiry 1 Division 3 — Termination proposal 173. Proponent 1 174. Outline of termination proposal 1 175. Content of outline of termination proposal 1 176. Ordinary resolution and support of owner of leasehold scheme required to proceed further 1 177. Approval of plan of subdivision 1 178. Full proposal 1 178A. Reference of full proposal to independent advocate 1 179. Content of full proposal 1 180. Support of owner of leasehold scheme required 1 181. Meetings and submissions 1 182. Vote 1 183. Confirmation of termination resolution by Tribunal 1 184. Endorsement of subdivision approval on plan 1 185. Application for termination of scheme 1 186. Withdrawal of termination proposal 1 187. Notice that termination proposal cannot proceed further 1 188. Notices received by Registrar of Titles 1 189. Costs of process 1 190. Arrangements for independent advice or representation for owners 1 Division 4 — Termination by single owner 191. Application for termination by single owner 1 Division 5 — Directions for winding up of strata company 192. Order for directions about winding up of strata company 1 Division 6 — Notice, application and registration process 193. Notice of expiry or application for termination of scheme 1 194. Registration process for termination of scheme 1 195. Effect of termination of scheme 1 Division 7 — Termination on compulsory acquisition 196. Termination on compulsory acquisition 1 Part 13 — Tribunal proceedings 197. Scheme disputes 1 198. Procedure 1 199. Declarations 1 200. Orders 1 201. Interim orders 1 202. Decision not to make order or declaration 1 203. Certain powers only exercisable by judicial member or legally qualified member 1 204. Limitations on orders 1 205. Administrator of strata company 1 206. Contributions for money payable by strata company 1 207. Enforcement of order to act 1 208. Order overrides existing scheme by‑laws 1 209. Original jurisdiction 1 210. Internal review of order or declaration 1 Part 14 — Miscellaneous 211. Other rights and remedies not affected by this Act 1 212. Caravan and camping areas not to be subdivided 1 213. Dividing fences 1 214. Internal fencing 1 215. Address for service 1 216. Service of documents on strata company, owners and others 1 217. Powers of entry under written laws 1 218. Correction of errors by Registrar of Titles 1 219. Delegation by Commissioner of Titles 1 220. Delegation by Registrar of Titles 1 221. Money received by Registrar of Titles 1 222. Disposition statement 1 223. Requirements under Transfer of Land Act 1 223A. Application in Swan Valley 1 224. Regulations 1 225. Certain prescribed fees may exceed cost recovery 1 226. Expiry of section 225 1 227. Review of this Act 1 228. Transitionals and savings: Schedules 3, 4 and 5 1 Schedule 1 — Governance by‑laws 1. Duties of owner 1 3. Power of strata company regarding submeters 1 4. Constitution of council 1 5. Election of council at general meeting 1 6. Chairperson, secretary and treasurer of council 1 7. Chairperson, secretary and treasurer of strata company 1 8. Meetings of council 1 9. Powers and duties of secretary of strata company 1 10. Powers and duties of treasurer of strata company 1 Schedule 2 — Conduct by‑laws 1. Vehicles and parking 1 2. Use of common property 1 3. Damage to lawns etc. on common property 1 4. Behaviour of owners and occupiers 1 6. Depositing rubbish etc. on common property 1 7. Drying of laundry items and signage 1 8. Storage of inflammable liquids etc. 1 9. Moving furniture etc. on or through common property 1 10. Floor coverings 1 11. Garbage disposal 1 12. Additional duties of owners and occupiers 1 13. Notice of alteration to lot 1 14. Appearance of lot 1 15. Decoration of, and affixing items to, inner surface of lot 1 Schedule 2A — Special provisions for single tier strata schemes Part 1 — Introduction 1. Application of Schedule 1 2. Meaning of lot and structural cubic space 1 2A. Dividing fences 1 3. Terms used 1 Part 2 — Lot boundaries 3A. Single tier strata schemes to which clause 3AB applies 1 3AB. Alternative boundaries for lots in single tier strata schemes 1 4. Order for extension of period for reinstatement of building without affecting boundary 1 Part 3 — Statutory easement 12A. Easement for access for certain work 1 Part 4 — Subdivision Division 1 — Merger of common property into lots in certain strata schemes Subdivision 1 — Preliminary 21A. Term used: existing small strata scheme 1 21B. Division only applies to single tier strata schemes 1 21C. Procedures cannot be invoked more than once 1 21D. Saving 1 Subdivision 2 — Merger by resolution of buildings that are common property 21E. Application of this Subdivision 1 21F. Resolution by strata company 1 21G. Notice of resolution may be lodged for registration 1 21H. Registration of notice of resolution 1 21I. Effect of registration 1 21J. Registrar of Titles to amend strata plan 1 Subdivision 3 — Merger by resolution of land that is common property 21P. Application of this Subdivision 1 21Q. Resolution by strata company 1 21R. Further provisions as to contents of resolution 1 21S. Notice of resolution may be lodged for registration 1 21T. Documents to accompany notice 1 21U. Certificate of licensed surveyor 1 21V. Transfers etc. to give effect to notice of resolution 1 21W. Creation of easements for parking etc. 1 21X. Registration of notice of resolution 1 21Y. Effect of registration 1 21Z. Registrar of Titles to make necessary amendments 1 Division 2 — Conversion of strata schemes to survey‑strata schemes 31A. Division only applies to single tier strata schemes registered before 1 January 1998 1 31B. Saving 1 31C. Resolution by strata company 1 31D. Notice of resolution may be lodged for registration 1 31E. Documents to accompany notice 1 31F. Certificate of licensed surveyor 1 31G. Creation of easements 1 31H. Transfers etc. to give effect to resolution 1 31I. Registration of notice of resolution 1 31J. Effect of registration 1 31K. Registrar of Titles to make necessary amendments 1 Part 5 — Insurance 53A. References in this Part 1 53B. Insurance for lots in single tier strata schemes 1 53C. Insurance for common property in single tier strata schemes 1 53D. Strata company's obligations if it has insurance function in single tier strata scheme 1 53E. Recovery of premium by strata company or owner if no administrative fund in single tier strata schemes 1 Schedule 3 — Transitional and savings provisions for transition from Strata Titles Act 1966 to this Act 1. Terms used 1 2. Registration of unregistered former strata plans 1 3. Former lots and former common property to be derived lots and derived common property 1 4. Continuation of companies 1 5. Continuation of estates or interests in former lots and former common property and rights in former common property 1 6. Application of Act to former strata schemes, former parcels, derived lots and common property 1 7. Registration of transfers or leases of derived common property registrable under s. 10 of former Act 1 8. Reallocation of unit entitlement 1 9. General meetings of certain continued companies 1 10. Meetings of former companies held within 2 months after appointed day 1 11. Notices served by public or local government authority before appointed day 1 12. Effect of former by‑laws 1 13. Maintenance of exclusive use of, or special privileges in respect of, common property 1 13A. Exclusive use and privileges to lapse unless provided for by by‑law or SAT's order 1 13B. Strata companies to notify proprietors of operation of cl. 13A 1 14. Recovery of contributions levied under former Acts 1 15. Modification of s. 35(1)(j) in relation to companies 1 16. Inspection of former records etc. 1 17. Administrative funds of continued companies 1 18. Modification of s. 43(1)(c) in relation to continued companies 1 19. Continuation of councils of former companies 1 20. Operation of by‑law 1, Part I of Sch. 1 1 21. Modification of Part IV Div. 4 1 22. Evidentiary effect under s. 61 of particulars furnished under s. 21(3) of former Act 1 23. Destruction of or damage to building under former Act 1 24. Administrators under former Act 1 25. Recovery of rates paid by company 1 26. Regulations — Transitional 1 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 1. Terms used 1 2. Transitional provisions 1 Schedule 5 — Transitional provisions for Strata Titles Amendment Act 2018 1. Terms used 1 2. Continuance of strata titles schemes 1 3. Scheme notice 1 4. Scheme by‑laws 1 5. Schedule of unit entitlements 1 6. Council members and officers 1 7. Applications lodged with Registrar of Titles before commencement day 1 8. Approvals and certificates 1 9. Utility service easement 1 10. Scheme developers 1 11. Structural alteration of lot 1 12. Records and correspondence 1 13. Strata managers 1 14. Scheme disputes 1 15. Administrators 1 16. Schedule 2A 1 17. Short form easements and restrictive covenants 1 18. Restricted use conditions 1 19. Approvals for structural alterations 1 20. Temporary common property 1 21. Termination of strata scheme by unanimous resolution 1 22. Roll 1 23. Financial management 1 24. Extension of contract termination period 1 25. Provision of information 1 26. Authorisation of body corporate 1 27. Restrictions on powers of expenditure 1 28. Insurance in transitional period 1 29. Protection of buyers 1 30. Proceedings 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Strata Titles Act 1985 An Act — * to provide for the subdivision of land by strata titles schemes, the creation of strata titles and the governance and operation of strata titles schemes; and * for related purposes. [Long title inserted: No. 30 of 2018 s. 5.] Part 1 — Preliminary [Heading inserted: No. 30 of 2018 s. 6.] 1. Short title This Act may be cited as the Strata Titles Act 1985. 2. Commencement This Act shall come into operation on a day to be fixed by proclamation. 3. Terms used (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).] 4. Notes and examples not part of Act A note or example set out at the foot of a provision of this Act is provided to assist understanding and does not form part of this Act. [Section 4 inserted: No. 30 of 2018 s. 83.] 5. Act binds Crown This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. [Section 5 inserted: No. 30 of 2018 s. 83.] [5A-5H. Deleted: No. 30 of 2018 s. 82(b).] Part 2 — Strata titles schemes [Heading inserted: No. 30 of 2018 s. 83.] 6. Legislative framework (1) This Act provides for a form of subdivision of land referred to as subdivision by a strata titles scheme, and sets out requirements for that form of subdivision. (2) Relevant planning approvals must be obtained for the subdivision of land by a strata titles scheme under this Act or the Planning and Development Act 2005. (3) A strata titles scheme is to be incorporated in the Register, and certificates of title for lots in the scheme are to be created for strata titles, under the Transfer of Land Act 1893. (4) Consequently, this Act must be read together with the Planning and Development Act 2005 and the Transfer of Land Act 1893 to gain a proper understanding of the legislative framework for the subdivision of land by a strata titles scheme. (5) This Act also contains provisions about the governance and operation of strata titles schemes and about strata managers. [Section 6 inserted: No. 30 of 2018 s. 83.] [6A. Deleted: No. 30 of 2018 s. 82(b).] 7. Strata titles schemes A strata titles scheme is a scheme for the creation of strata titles on registration of the scheme so as to — (a) effect a physical division of a parcel of land into — (i) 2 or more lots; or (ii) 2 or more lots and common property; and (b) allow for the lots to be owned and sold or otherwise dealt with separately; and (c) require the common property to be administered by a strata company that comes into existence under this Act on registration of the strata titles scheme; and (d) limit how the common property may be dealt with. [Section 7 inserted: No. 30 of 2018 s. 83.] [Former section 7 renumbered as section 87 and relocated to Part 7 Division 2: No. 30 of 2018 s. 84.] [7A. Deleted: No. 30 of 2018 s. 82(b).] [Former section 7B renumbered as section 89 and relocated to Part 7 Division 2: No. 30 of 2018 s. 84.] 8. Freehold schemes and leasehold schemes (1) A strata titles scheme may be — (a) a freehold scheme; or (b) a leasehold scheme. Note for this section: All schemes created under this Act before the commencement of the Strata Titles Amendment Act 2018 are freehold schemes. (2) In a freehold scheme — (a) there is no separate title for the parcel subdivided by the scheme; and (b) each lot is a freehold lot; and (c) the parcel cannot be dealt with (including by registration of a mortgage) or disposed of under the Transfer of Land Act 1893. (3) In a leasehold scheme — (a) there is a separate title for the parcel subdivided by the scheme; and (b) each lot in the scheme is a leasehold lot subject to a strata lease; and (c) the scheme expires on a specified day (the expiry day for the scheme); and (d) the expiry day must be a day that is — (i) at least 20 years (or, if some other period is specified in the regulations, that period) after registration of the scheme; and (ii) not more than 99 years after registration of the scheme; and (e) the expiry day will be specified in the scheme notice; and (f) within the parameters set out in paragraph (d)(ii), leasehold by‑laws for the scheme may provide for postponement of the expiry day; and (g) if leasehold by‑laws provide for postponement of the expiry day, the expiry day may be postponed if the postponement is within the parameters set out in paragraph (d)(ii) and is supported by a resolution under section 41; and (h) the expiry day is postponed when an amendment of the scheme notice is registered giving effect to the postponement; and (i) the registered proprietor of the parcel (the owner of the leasehold scheme) is entitled to the reversion in the land on the expiry or termination of the scheme; and (j) the existence of the leasehold scheme and its expiry day must be endorsed on the certificate of title for the parcel; and (k) the owner of the leasehold scheme is the lessor and the owner of a lot in the scheme is the lessee under the strata lease for the lot; and (l) the owner of the leasehold scheme may be the owner of a lot in the scheme despite any law relating to the merger of leasehold and reversionary estates in land; and (m) the owner of the leasehold scheme cannot separately deal with or dispose of the reversion in a lot or the common property of the strata titles scheme; and (n) the reversion in the parcel can be transferred, disposed of or mortgaged as a whole, and a memorial or property seizure sale order can be made in relation to the reversion of the parcel as a whole under the Transfer of Land Act 1893, but no other dealings can be registered under that Act against the reversion in the parcel. Note for this subsection: For the scheme notice, see section 29. For leasehold by‑laws, see section 40. [Section 8 inserted: No. 30 of 2018 s. 83.] [8A-8C. Deleted: No. 30 of 2018 s. 82(b).] 9. Lots — strata schemes and survey‑strata schemes (1) The boundaries of lots in a strata titles scheme are defined on the scheme plan for the strata titles scheme. (2) A lot can be comprised of non‑contiguous parts defined on the scheme plan for the strata titles scheme. Example for this subsection: The non‑contiguous parts may be to allow for a separate car parking space or shed to be part of the lot. (3) The way in which the boundaries of lots are defined on the scheme plan for a strata titles scheme determines whether the scheme is a strata scheme or a survey‑strata scheme. (4) The way in which the boundaries of a lot in a strata scheme are defined on the scheme plan must be as set out in the definition of lot in a strata scheme in section 3(1) and in section 3(2) to (4). Note for this subsection: Schedule 2A provides for a special rule for how lots may be defined in a single tier strata scheme. (5) The way in which the boundaries of a lot in a survey‑strata scheme are defined on the scheme plan must be as set out in the definition of lot in a survey‑strata scheme in section 3(1). (6) A change in the definition of the boundaries of a lot does not, even if the lot is assigned a new identifying number, of itself affect — (a) for a leasehold scheme — the strata lease for the lot; or (b) for a leasehold or freehold scheme — any other item registered or recorded for the scheme in the Register. (7) Damage to, or destruction or removal of a wall, floor, ceiling or other structural element by reference to which a lot in a strata scheme is defined does not of itself affect the definition of the boundaries of the lot (which remain as defined on the scheme plan). [Section 9 inserted: No. 30 of 2018 s. 83.] 10. Common property (1) The common property in a strata titles scheme is — (a) that part of the parcel of land subdivided by the strata titles scheme that does not form part of a lot in the strata titles scheme; and (b) temporary common property. (2) The common property includes, for a strata scheme, those parts of a scheme building that do not form part of a lot. (3) The common property does not include — (a) any land vested in the Crown under the Planning and Development Act 2005 section 152; or (b) any dedicated road under the Planning and Development Act 2005 section 168. (4) If a strata plan identifies an encroachment outside the parcel that is to be controlled and managed as common property, the encroachment is to be regarded, for this Act, as if it were common property. [Section 10 inserted: No. 30 of 2018 s. 83.] 11. Subdivision of land by strata titles scheme (1) Land is subdivided by a strata titles scheme — (a) by registration of the scheme; or (b) by registration of an amendment of the scheme. (2) Registration of an amendment of a strata titles scheme gives effect to a subdivision if it — (a) effects a change to the definition of a lot in the scheme; or (b) effects a change to the boundary of the parcel of land subdivided by the scheme. Note for this section: 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. 3. Schedule 2A provides special provisions relating to subdivision in a single tier strata scheme. [Section 11 inserted: No. 30 of 2018 s. 83.] 12. Registration of strata titles scheme (1) A strata titles scheme is registered when the following documents (the scheme documents) are registered and incorporated in the Register — (a) for a freehold scheme — (i) a scheme notice; (ii) a scheme plan; (iii) a schedule of unit entitlements; (iv) scheme by‑laws; (b) for a leasehold scheme — (i) a scheme notice (which must specify the expiry day for the scheme); (ii) a scheme plan; (iii) a schedule of unit entitlements; (iv) scheme by‑laws; (v) a strata lease for each lot. Note for this subsection: If the scheme by‑laws comprise the by‑laws set out in Schedules 1 and 2 without amendment, the scheme by‑laws will be taken to be registered without the need for submission of the by‑laws to the Registrar of Titles. (2) A registered strata titles scheme is amended when amendments of the relevant scheme documents, or replacements of the relevant scheme documents, are registered or recorded and incorporated in the Register. Note for this subsection: The amendment may be necessary to give effect to a subdivision of land as referred to in section 11(2) or it may be unrelated to a subdivision of land, comprising, for example — * the amendment of the scheme notice so as to amend the name or address for service of the strata company; or * the amendment or replacement of the scheme plan for the strata titles scheme for a purpose related to an easement or restrictive covenant or a restricted use condition; or * the amendment or replacement of the schedule of unit entitlements for the strata titles scheme because of a new valuation of lots; or * the amendment or replacement of scheme by‑laws. (3) If a registered leasehold scheme is amended to give effect to a subdivision involving the creation of new lots, a strata lease must be registered as a scheme document for each new lot. [Section 12 inserted: No. 30 of 2018 s. 83.] [Former section 12A redesignated as clause 12A and relocated to Schedule 2A Part 3: No. 30 of 2018 s. 117.] 13. Strata titles (1) The title to the land comprised in a lot is referred to as a strata title. (2) A certificate of title must be created and registered for each strata title under the Transfer of Land Act 1893. Note for this subsection: A separate certificate of title is not created for common property. (3) Fo