What is Strata? "Strata can be applied to any of the following:" - High rise
- Various residential
- Town houses, duplex, etc.
- Factories
- Offices
- Retail
| | Prior to the introduction of the strata title legislation, it was not possible in Australia to hold a title deed for a part of a building. The Conveyancing (Strata) Act 1961 was introduced to enable the subdivision of lots into strata and the transfer of these titles. This was welcomed because owners received their title deed to a unit. Many changes have taken place and the legislation is now called Strata Schemes Management Act 1996. Strata title has progressed considerably since its inception in the 60's. Strata title properties can be: - residential
- commercial
- retail
- mixed use - ie retail/residential
- commercial/residential
- resorts
- serviced apartments
- caravan parks
The building can be high-rise, townhouses, separate villas, 2 duplexes. The common property can comprise recreational facilities, gym, sauna, swimming pool, tennis court, meeting room, golf course, etc. All owners contribute to the maintenance of these facilities. In 1989 a further step forward was made when legislation commenced which introduced a "tiered" owners corporation system. This is called "Community Title". This brought even more adventurous ways of subdividing land and buildings. Community Associations have been established that include vineyards, horse stables, etc. Strata title has enabled the subdivision of land and buildings into lots and common property. The "lots" are the units or other areas owned by owners. Apart from the unit there can be areas like laundries, car spaces, garages, marinas which form part of the lot. The common property is everything that does not form part of a lot and is owned by the owners corporation (all the owners collectively). Provided the zoning permits the construction of a strata scheme, approval needs to be obtained from the Local Council to proceed with the development and then the subdivision of the property into lots and common property. A registered surveyor draws a strata plan of subdivision showing which parts of the strata scheme will be lots, the remaining parts being common property. All lots are allocated a unit entitlement and the schedule of unit entitlements is shown on the strata plan. This plan is approved by the Local Council and then registered at the Land Titles Office. Certificates of Title are then issued by the Land Titles Office for each lot and one for the common property of the owners corporation. Once a strata plan is registered, not only does a strata scheme come into existence but an owners corporation is formed, which will then bear the name "The Owners - Strata Plan No….." (this number being allocated by the Land Titles Office). COMMON PROPERTY OR NOT?
The boundaries between common property and lots are shown on the registered strata plan. For detailed information about boundaries, reference should be made to the SSMA or SSO. A copy of the relevant strata scheme can be obtained from the Land Titles Office. The boundary definitions vary depending upon whether the strata scheme was registered before or after 1 July, 1974. Detailed reference is needed to SSMA and Strata Schemes (Freehold Development) Act 1973 Find out about Our Strata Managent Service |
STRATA TERMS The management of a strata scheme is governed by the Strata Schemes Management Act (SSMA) 1996. If you require further detailed information, you should refer to that Act. ADMINISTRATIVE FUND Levies are paid into this fund to cover day-to-day expenses of the owners corporation, i.e. electricity, gardening, insurance, routine repairs and maintenance of common property. AGENDA A list of motions to be voted upon at a meeting. AGGREGATE UNIT ENTITLEMENT The total of all the individual unit entitlements in the strata scheme BY-LAWS A set of "rules" that the residents (owners and tenants) in the strata scheme must follow. These can be changed at a general meeting of the owners corporation. All by-laws are not the same so it is wise to obtain a copy of the current by-laws for the strata scheme involved. CERTIFICATE OF TITLE A deed issued by the Land Titles Office to prove ownership of a lot. The owners corporation is also issued with a title deed for the common property. COMMON SEAL The owners corporation has a seal styled "The owners - Strata Plan….." and this must be affixed whenever the owners corporation executes a document. CERTIFICATE (Section 109) Certificate issued by the strata managing agent or authorised person of the owners corporation It contains details of levy contributions, insurances, executive committee, etc. A statutory fee is payable to the owners corporation. COMMON PROPERTY The area of land and building in the strata scheme which do not form part of any lot COMPANY NOMINEE A company must authorise a person in writing to vote at meetings on its behalf. A notice must be served on the owners corporation EXCLUSIVE USE This is when a special right is granted to an owner to use part of common property i.e. exclusive use of a car space located on common property. EXECUTIVE COMMITTEE Elected representatives of the owners. Election takes place at each annual general meeting. The powers of the Executive Committee are limited under the Strata Schemes Management Act 1996 but the owners corporation may also impose additional restrictions. GENERAL MEETING A meeting of owners and other interested parties (as noted on the strata roll) who have been advised by notice of a proposed meeting. The owners corporation is required to convene and hold a general meeting once a year. This must be held on a date not earlier than one month before nor later than one month after each anniversary date of the First Annual General Meeting. INITIAL PERIOD The period from the date of registration of the strata plan until the completion of the sale of one third of the aggregate unit entitlement. There are certain restrictions during the initial period. For detailed information refer SSMA. LEVIES Contributions paid by owners to the owners corporation to cover expenditure and allocation for capital expenditure. These are usually paid quarterly and the amount is based on unit entitlement. LOT In a strata scheme, a unit is referred to as a "lot". Car spaces, garages, laundries, marinas can also form part of a lot or be a separate lot. MOTION A proposal for consideration by a meeting. ORIGINAL OWNER The owner of the strata scheme when the strata plan is registered OWNERS CORPORATION Collectively the owners of the lots in the strata scheme. This is formed when the strata plan is registered. PROXY A person appointed in writing by an owner or mortgagee to attend an owners corporation meeting and vote on that person's behalf. SINKING FUND Levies paid into this fund cover renewal and replacement of fixtures and fittings, eg painting, stairwell carpets. SPECIAL LEVY Lump sum contribution to cover either unplanned or underestimated expenditure. STRATA MANAGING AGENT Licensed strata managing agent appointed by the owners corporation to manage the strata scheme and delegated certain functions. Appointment must be at a general meeting of the owners corporation and a strata managing agency agreement must be executed by 2 members of the executive committee and the strata managing agent. STRATA PLAN This is the plan registered at the Land Titles Office which shows the building on the land indicating lots and common property. STRATA ROLL This is a register of the owners of each lot in the strata scheme. It also includes the name of any mortgagee, covenant chargee or lessee (if notified). STRATA SCHEMES MANAGEMENT ACT 1996 (SSMA) The legislation under which all strata matters are dealt with in NSW. For a copy of the act and regulations UNIT ENTITLEMENT Each lot is given a "unit entitlement" and this is shown on the strata plan. The amount of the unit entitlement varies depending on a number of factors, i.e. size of lot. Levies payable are calculated on the basis of unit entitlement. QUORUM Before any motion can be voted upon at a meeting, a quorum must exist, i.e. A quorum must consist of at least 2 persons. At executive committee meetings, a quorum is constituted when half of the members are present STRATA SCHEMES OFFICE This office is part of the Department of Fair Trading and provides various services and assistance in strata matters. It also provides a mediation and adjudication service. SPECIAL RESOLUTION A motion against which not more than 25% of the value of the vote is cast (based on unit entitlement). UNANIMOUS RESOLUTION A motion against which no vote is cast. RESOLUTION A decision made at a meeting. Find out about Our Strata Managent Service
OLD VS THE NEW On 1July 1997 the Strata Titles Act, 1973 was replaced by the Strata Schemes Management Act, 1996. This Act brought many changes including a change in terminology. | | OLD | NEW | Body Corporate | Owners Corporation | Body Corporate Council | Executive Committee | Office Bearers | Office Holders | Original Proprietor | Original Owner | Proprietor | Owner | Strata Titles Act, 1973 | Strata Schemes Management Act 1996 | Strata Titles Board | Strata Schemes Board | Strata Titles Commissioner | Strata Schemes Commissioner |
Source: Strataman |