Part 1 Preliminary

This Act may be cited as the Strata Titles Act 1998.

The provisions of this Act commence on a day or days to be proclaimed.

In this Act, unless the contrary intention appears –

authorised person means –

(a) the Recorder; or

(b) a person authorised by the Recorder to exercise the powers of an authorised person under this Act;

body corporate means a body corporate formed under this Act;

boundary structure means a wall, floor, ceiling or fence (with or without a gate) if the wall, floor, ceiling or fence separates a lot from another lot or common property;

common property has the meaning given by section 3A;

community development scheme means the scheme for the development of land created on registration of a plan under Part 4;

developer means the person by or on whose behalf a plan or scheme is lodged for registration;

exclusive use by-law means a by-law giving the owner of a lot exclusive rights to the use and enjoyment of, or other special rights in relation to, the common property or part of the common property;

lot, in respect of a site, means a part of the site –

(a) allocated for separate occupation by the owner of the lot or a person deriving rights of occupation from the owner; or

(b) consisting of land that, by virtue of a certificate under section 9A of the Meander Dam Project Act 2003, is to be treated as a lot;

mortgage means a mortgage, charge or other encumbrance securing a monetary obligation;

ordinary resolution of a body corporate means a resolution passed at a duly convened meeting of the members of the body corporate by a majority of the votes of members present and voting at the meeting;

original proprietor means the person registered as the proprietor of the site immediately before the registration of a plan relating to the site;

plan means –

(a) a strata plan; or

(b) the master plan for a staged development scheme; or

(c) the master plan for a community development scheme;

policy of insurance means an insurance policy required to be taken out and maintained under this Act;

prospective owner of a lot in a scheme means a person who has entered into a contract to purchase an existing or future lot in the scheme;

Recorder means the Recorder of Titles under the Land Titles Act 1980;

repealed legislation means Part XIA of the Conveyancing and Law of Property Act 1884 repealed by this Act;

scheme means –

(a) a strata scheme; or

(b) a staged development scheme; or

(c) a community development scheme;

sealed plan means a final plan approved and sealed under Part 3 of the Local Government (Building and Miscellaneous Provisions) Act 1993;

service infrastructure means cables, wires, pipes, sewers, drains, ducts, plant and equipment by which –

(a) water, gas, electricity, heating or conditioned or unconditioned air is supplied to a lot or the common property; or

(b) a lot or part of the common property is connected to a telephone, fax, cable television or other telecommunication service; or

(c) a lot or part of the common property is connected to a sewerage or drainage system; or

(d) a system for the removal or disposal of waste is provided; or

(da) a system designed for fire safety for more than one lot or for the common property is provided; or

(e) other systems or services designed to improve the amenity, or enhance the enjoyment, of the lots or common property are provided;

site means the whole of the land included in a plan (including lots and common property);

staged development scheme means the scheme for the development of land by the registration of a series of strata plans;

statutory easement means an easement under section 13;

strata scheme means the complex of lots and common property (together with the system of administration and management) created on the registration of a strata plan;

Tribunal means the Tasmanian Civil and Administrative Tribunal;

unanimous resolution of a body corporate means a resolution passed at a duly convened meeting of the members of the body corporate against which no member of the body corporate casts a dissentient vote (at the meeting or later as allowed by this Act);

unit entitlement has the meaning given in section 16.

(1) For the purposes of this Act, common property for a strata scheme or community development scheme consists of –

(a) all land within the scheme that is not within the boundaries of a lot; and

(b) all other property administered by the body corporate for the relevant scheme –

(2) The common property for a strata scheme or community development scheme does not include land designated for future development in the master plan for a staged development scheme or a community development scheme.