Part 4 Scheme documents

(1) A scheme notice for a strata titles scheme must —

(a) specify the name of the scheme; and

(b) specify the address for service of the strata company; and

(c) if it is a leasehold scheme —

(i) identify the scheme as a leasehold scheme; and

(ii) specify the expiry day for the scheme.

(2) A scheme notice, or an amendment of a scheme notice, for a strata titles scheme must be in the approved form.

(1) A scheme notice, or an amendment of a scheme notice to alter the name of the scheme, must not be registered if the Registrar of Titles is satisfied that the name of the scheme is undesirable.

(2) An amendment of a scheme notice to alter the name of the scheme must not be registered unless the amendment is authorised by special resolution of the strata company.

(3) An amendment of a scheme notice to alter the address for service of the strata company must not be registered unless the amendment is authorised by ordinary resolution of the strata company.

An amendment of a scheme notice to postpone the expiry day for a leasehold scheme must not be registered unless the postponement is in accordance with leasehold by-laws and is authorised by resolution of the strata company under section 41.

(1) A scheme plan for a strata titles scheme must —

(a) specify the address of the land subdivided by the scheme; and

(b) identify the title to the land subdivided by the scheme; and

(c) specify whether the scheme is a strata scheme or a survey-strata scheme; and

(d) if it is a strata scheme — consist of a floor plan and a location plan; and

(e) if it is a survey-strata scheme — consist of a survey plan of the land subdivided by the scheme prepared in accordance with the regulations; and

(f) enable each lot in the scheme to be separately identified and located; and

(g) define the boundaries of each lot in the manner required under section 9 depending on whether the scheme is a strata scheme or survey-strata scheme; and

(h) if land is or is to be vested in the Crown under the Planning and Development Act 2005 section 152, delineate that land; and

(i) delineate areas that are roads, or are to be new roads, for the Planning and Development Act 2005 section 168; and

(j) if it is a strata scheme, identify the nature and extent of any part of a wall or building or material attached to a wall or building that encroaches on land outside the parcel and —

(i) if an encroachment is to be controlled and managed as if it were common property, specify that fact; and

(ii) if an encroachment is to be subject to an easement, specify that easement.

(2) A scheme plan, or an amendment of a scheme plan, for a strata titles scheme may also —

(a) restrict the purposes for which the whole or a part of the parcel may be used (a restricted use condition); and

(b) in the case of an amendment —

(i) describe, by reference to a lease accepted by the strata company under section 92, land that is temporary common property in the scheme; and

(ii) delete land from the description of temporary common property by referring to the surrender by the strata company of the lease of the land under section 92;

and

(c) delineate or record easements (other than statutory easements) and restrictive covenants over the land subdivided by the scheme, including —

(i) short form easements or restrictive covenants; and

(ii) easements created under the Planning and Development Act 2005 section 167; and

(iii) easements and restrictive covenants created under the Transfer of Land Act 1893 Part IVA;

and

(d) for a survey-strata scheme, delineate different areas of common property and allocate a reference number (being a unique series of numbers or letters or both numbers and letters) to those areas.

(3) A scheme plan, or an amendment of a scheme plan, for a strata titles scheme —

(a) may consist of multiple plans, drawings and documents containing descriptions or other matters; and

(b) must be in the approved form; and

(c) must be prepared and certified by a licensed surveyor (except for an amendment that relates only to a restricted use condition or temporary common property and does not involve any aspect of survey).

(4) A licensed surveyor must comply with the regulations and Transfer of Land Act requirements in preparing and certifying a scheme plan, or an amendment of a scheme plan, for a strata titles scheme.

(1) A scheme plan for a strata titles scheme may contain an easement or restrictive covenant of a class specified in the regulations (a short form easement or restrictive covenant) that benefits or burdens land in the parcel as follows —

(a) the type of easement or restrictive covenant must be identified using the description specified in the regulations;

(b) for an easement, its location must be delineated in the manner specified in the regulations;

(c) the lots and common property benefited and burdened by the easement or restrictive covenant must be identified in the manner specified in the regulations;

(d) any other requirements specified in the regulations must be complied with.

(2) The nature of a short form easement or restrictive covenant and the rights and liabilities under the easement or restrictive covenant are as specified in the regulations.

(3) The liabilities specified in the regulations may include positive obligations.

(4) A short form easement or restrictive covenant runs with the land and is binding on the owners, from time to time, of lots in the strata titles scheme.

(5) A short form easement or restrictive covenant comes into force when the scheme plan, or an amendment of the scheme plan, for the strata titles scheme containing the easement or the restrictive covenant is registered.

(6) A short form easement or restrictive covenant is discharged by —

(a) registration of an amendment of the scheme plan to give effect to the discharge; or

(b) termination of the strata titles scheme.

(7) A short form easement or restrictive covenant has effect even if the lot benefited and the lot burdened have the same owner.

(8) The Property Law Act 1969 section 121 does not apply to a short form easement or restrictive covenant.

(9) This section does not derogate from any other method by which an easement or restrictive covenant may be created over a parcel.

A scheme plan for a strata titles scheme must not be registered unless —

(a) the owner of the parcel is the applicant for registration or has given written consent to the subdivision of the parcel by the strata titles scheme; and

(b) the holder of each designated interest over the whole or a part of the parcel to be subdivided by registration of the scheme —

(i) has been given notice in the approved form of the subdivision and the schedule of unit entitlements; and

(ii) has given written consent to the subdivision;

and

(c) the scheme plan is approved by the Planning Commission (subject to any exemption in regulations under section 15(6)); and

(d) for a strata scheme —

(i) the scheme plan is accompanied by an occupancy permit or building approval certificate under the Building Act 2011 Part 4 Division 3 for each scheme building; and

(ii) if the scheme plan identifies an encroachment that is not on to a public road, street or way and is to be managed and controlled as if it were common property, an appropriate easement has been granted and lodged with the Registrar of Titles.

(1) An amendment of a scheme plan for a strata titles scheme must not be registered unless —

(a) for a leasehold scheme, the owner of the leasehold scheme is the applicant for registration or has given written consent to the amendment; and

(b) to the extent that the amendment gives effect to a type 1 subdivision —

(i) the subdivision is authorised by resolution without dissent of the strata company; and

(ii) each owner of a lot affected by the amendment who is not an applicant for registration of the amendment —

(I) has been given notice in the approved form of the subdivision and any associated amendment of the schedule of unit entitlements; and

(II) has given written consent to the amendment;

and

(iii) if the owner of a lot affected by the amendment holds a life estate in the land, the person who holds the remainder or reversionary interest in the land —

(I) has been given notice in the approved form of the subdivision and any associated amendment of the schedule of unit entitlements; and

(II) has given written consent to the amendment;

and

(iv) each designated interest in land that is to become common property has been discharged, surrendered, withdrawn or otherwise extinguished;

and

(c) to the extent that the amendment gives effect to a type 2 subdivision —

(i) the subdivision is authorised by resolution without dissent of the strata company; and

(ii) the holder of each designated interest over the whole or a part of the parcel has been given notice in the approved form of the subdivision and any associated amendment of the schedule of unit entitlements and —

(I) has given written consent to the subdivision; or

(II) has not, at the end of 60 days after being given notice, made a written objection to the subdivision setting out the reasons for the objection;

and

(d) to the extent that the amendment gives effect to a type 3 subdivision —

(i) each owner of a lot affected by the amendment who is not an applicant for registration of the amendment —

(I) has been given notice in the approved form of the subdivision and any associated amendment of the schedule of unit entitlements; and

(II) has given written consent to the amendment;

and

(ii) if the owner of a lot affected by the amendment holds a life estate in the land, the person who holds the remainder or reversionary interest in the land —

(I) has been given notice in the approved form of the subdivision and any associated amendment of the schedule of unit entitlements; and

(II) has given written consent to the amendment;

and

(iii) the holder of each designated interest over the whole or a part of a lot affected by the amendment has been given notice in the approved form of the subdivision and any associated amendment of the schedule of unit entitlements and —

(I) has given written consent to the amendment; or

(II) has not, at the end of 60 days after being given notice, made a written objection to the amendment setting out the reasons for the objection;

and

(e) to the extent that the amendment gives effect to a type 4 subdivision —

(i) the amendment is authorised by unanimous resolution of the strata company; and

(ii) the holder of each designated interest over the whole or a part of the parcel has been given notice in the approved form of the subdivision and any associated amendment of the schedule of unit entitlements and —

(I) has given written consent to the subdivision; or

(II) has not, at the end of 60 days after being given notice, made a written objection to the subdivision setting out the reasons for the objection;

and

(f) to the extent that the amendment gives effect to any type of subdivision — the amendment is approved by the Planning Commission (subject to any exemption in regulations under section 15(6)); and

(g) to the extent that the amendment imposes, varies or revokes a restricted use condition, the imposition, variation or revocation —

(i) has been approved by the Planning Commission under section 21; and

(ii) is authorised by resolution without dissent of the strata company;

and

(h) to the extent that the amendment describes land as temporary common property in the scheme or deletes land from such a description — the acceptance or surrender of the lease of the temporary common property under section 92 is authorised by resolution without dissent of the strata company; and

(i) to the extent that the amendment creates or discharges an easement or restrictive covenant —

(i) for a short form easement or restrictive covenant — the amendment of the scheme plan is approved by the Planning Commission;

(ii) in the case of an amendment affecting the common property — the amendment is authorised by resolution without dissent of the strata company; and

(iii) in the case of an amendment affecting a lot — the owner of the lot has given written consent to the amendment; and

(iv) in any case — the holder of each designated interest over the common property or a lot affected by the amendment has been given notice in the approved form of the amendment and —

(I) has given written consent to the subdivision; or

(II) has not, at the end of 60 days after being given notice, made a written objection to the creation or discharge setting out the reasons for the objection;

and

(j) for a strata scheme —

(i) the amendment of the scheme plan is accompanied by an occupancy permit or building approval certificate under the Building Act 2011 Part 4 Division 3 for each scheme building constructed or modified in the course of a subdivision to be given effect by registration of the amendment of the scheme; and

(ii) if the amendment of the scheme plan identifies an encroachment that is not on to a public road, street or way and is to be managed or controlled as if it were common property, an appropriate easement has been granted and will be lodged with the Registrar of Titles.

(2) The Tribunal may, on the application of an applicant for registration of an amendment of a strata titles scheme, order that an objection to the amendment of a person with a designated interest be disregarded on the grounds that the objection is unreasonable.

(3) In considering whether an objection is unreasonable, the Tribunal may consider —

(a) the merits of the proposed amendment of the strata titles scheme; and

(b) the grounds for the objection; and

(c) any other factor the Tribunal considers relevant.

(4) If the Tribunal makes such an order, the applicant must lodge a copy of the order certified by the Tribunal with the Registrar of Titles.

(5) The notice of a resolution for an amendment of a scheme plan must include details of the proposed amendment, and any associated amendment of the schedule of unit entitlements, in the approved form.

Note for this section:

For when an amendment of a scheme plan affects the common property or a lot, see section 3(7).

If the amendment of a scheme plan is required as a consequence of completion of a stage of subdivision to which staged subdivision by-laws apply and the subdivision has been undertaken with sufficient compliance with the by-laws as determined in accordance with the regulations —

(a) section 35(1)(a) to (e) do not apply; and

(b) to the extent that the by-laws contemplate the creation or discharge of a particular easement or restrictive covenant on the completion of the stage of subdivision, section 35(1)(i) does not apply to that easement or restrictive covenant.

Note for this section:

Because staged subdivision by-laws cannot apply to subdivision comprised of the removal, from the parcel, of land comprised of common property or the addition, to the parcel, of land from outside the parcel, the question of an exemption can arise in the context of a type 1 subdivision comprised of the conversion of a lot to common property or a type 3 or type 4 subdivision. The question cannot arise in the context of a type 2 subdivision.

(1) The schedule of unit entitlements for a strata titles scheme must —

(a) allocate a whole number (a unit entitlement) to each lot in the strata titles scheme; and

(b) state the number that is the sum of the unit entitlements of all the lots in the strata titles scheme.

Note for this subsection:

The unit entitlement of a lot determines —

the interest of the owner of the lot in the common property in the strata titles scheme: see section 13; and

subject to the scheme by-laws, the contributions payable by the owner of a lot in the scheme: see section 100; and

the voting rights that attach to the lot: see section 120.

(2) When allocated, the proportion that a unit entitlement of a lot bears to the sum of the unit entitlements of all the lots in the strata titles scheme must not be greater than 5% more, or 5% less, than the proportion that the value of the lot bears to the sum of the value of all the lots in the strata titles scheme.

(3) The value of a lot is —

(a) in a strata scheme — the capital value; and

(b) in a survey-strata scheme — the site value.

(4) Without limitation, the regulations may prescribe matters relating to the determination of the value of a lot.

(5) A schedule of unit entitlements, or an amendment of a schedule of unit entitlements, for a strata titles scheme must —

(a) be in the approved form; and

(b) be prepared and certified by a licensed valuer.

(6) A licensed valuer must comply with the regulations and Transfer of Land Act requirements in preparing and certifying a schedule of unit entitlements, or an amendment of a schedule of unit entitlements, for a strata titles scheme.

(7) A schedule of unit entitlements, or an amendment of a schedule of unit entitlements, must not be registered unless it is certified by a licensed valuer within a period specified in the regulations before an application is made for registration of the schedule or amendment.

(1) An amendment of a schedule of unit entitlements may only be registered —

(a) in conjunction with an amendment of the scheme plan to give effect to a subdivision; or

(b) if the amendment is authorised by resolution without dissent of the strata company; or

(c) if the amendment is authorised by order of the Tribunal.

(2) An amendment under subsection (1)(b) must not be registered unless the holder of each designated interest over the whole or a part of the parcel —

(a) has been given notice in the approved form of the amendment; and

(b) either —

(i) has given written consent to the amendment; or

(ii) has not, at the end of 60 days after being given notice, made a written objection to the amendment.

(3) The Tribunal may, on the application of an applicant for registration of an amendment of a strata titles scheme involving the amendment of the schedule of unit entitlements, order that an objection to the amendment of a person with a designated interest be disregarded on the grounds that the objection is unreasonable.

(4) In considering whether an objection is unreasonable, the Tribunal may consider —

(a) the merits of the proposed amendment of the strata titles scheme; and

(b) the grounds for the objection; and

(c) any other factor the Tribunal considers relevant.

(5) The Tribunal may, on the application of a strata company or the owner or registered mortgagee of a lot in a strata titles scheme, authorise the amendment of the schedule of unit entitlements for the scheme if satisfied that, if unit entitlements were to be allocated at the time of the application, the schedule of unit entitlements would require amendment for compliance with section 37(2).

(6) If the Tribunal makes an order under this section, the applicant for the order must lodge a copy of the order certified by the Tribunal with the Registrar of Titles for registration of the amendment of the schedule of unit entitlements.

On registration of a strata titles scheme —

(a) subject to paragraph (b), the governance by-laws set out in Schedule 1 and the conduct by-laws set out in Schedule 2 are taken to be registered for the scheme; and

(b) if other scheme by-laws are registered for the scheme, the strata company is taken to have made those by-laws and the by-laws referred to in paragraph (a) are amended or repealed accordingly.

(1) Leasehold by-laws of a leasehold scheme are by-laws that provide —

(a) for postponement of the expiry day for the scheme; or

(b) for compensation payable on the expiry of the scheme.

(2) If a leasehold scheme does not have leasehold by-laws, the expiry day for the scheme cannot be postponed.

(3) The expiry day for a leasehold scheme —

(a) cannot be postponed to a day that is more than 99 years after registration of the scheme; and

(b) cannot be postponed unless the postponement is supported by resolution of the strata company as set out in section 41.

(4) Leasehold by-laws —

(a) may provide that the owner of the leasehold scheme is to be paid an amount for the postponement of the expiry day for the scheme by the owner of each lot in the scheme and, if they do so —

(i) the amount paid by the owners of the lots must be proportional to the unit entitlements of their respective lots; and

(ii) the by-laws —

(I) must set out how the amount is to be calculated; and

(II) must set out when and how the amount is to be paid (which must be at least 4 months before the expiry day); and

(III) must provide that, if the amount is not paid as required under the by-laws, the owner of the leasehold scheme is entitled to re-enter the lot from the end of the expiry day for the scheme that applied before the postponement;

and

(b) may provide for compensation to be payable to the owner of a lot on the expiry of the scheme for improvements to the lot effected by the owner or a former owner of the lot; and

(c) must comply with requirements set out in the regulations.

(5) Leasehold by-laws can only be made, amended or repealed if the owner of the leasehold scheme has given written consent to the by-laws.

Note for this section:

Leasehold by-laws providing for postponement of the expiry day for the scheme can only be made, amended or repealed with the approval of the Planning Commission as set out in section 20.

(1) If the leasehold by-laws provide for postponement of the expiry day for the leasehold scheme, the expiry day may only be postponed if the postponement is supported by a resolution as follows —

(a) 14 days’ notice of the terms of the proposed resolution must be given to each member of the strata company before voting on the resolution opens;

(b) the resolution must specify a proposed new expiry day (in accordance with the leasehold by-laws) that is a day that is not more than 99 years after registration of the scheme;

(c) the votes in favour of the resolution must equal not less than 75% of the number of lots in the scheme;

(d) the resolution must be passed not later than 6 months before the expiry day.

(2) The owner of the leasehold scheme or an owner of a lot in a leasehold scheme may convene a general meeting of the strata company to vote on a resolution for postponing the expiry day for the scheme if the strata company has not done so.

(3) Section 126(a) does not apply to a vote on a resolution for postponing the expiry day for a leasehold scheme.

(4) The strata company must, as soon as reasonably practicable after the passing of a resolution under this section —

(a) serve notice of the resolution, in the approved form, on the owner of the leasehold scheme; and

(b) apply for registration of an amendment of the scheme notice to give effect to the postponement of the expiry day.

(1) Staged subdivision by-laws of a strata titles scheme are by-laws that apply as if they were an agreement by the strata company with a person about subdivision of the strata titles scheme in stages.

Note for this subsection:

Under section 36, compliance with a stage of subdivision as set out in staged subdivision by-laws removes the need for resolutions and consents for registration of an amendment of the strata titles scheme to give effect to the subdivision.

(2) Staged subdivision by-laws must—

(a) describe in detail —

(i) the stages of subdivision that are agreed; and

(ii) any amendments to the scheme plan and schedule of unit entitlements that will be made on completion of each stage of subdivision;

and

(b) identify the lots or common property affected by each stage of subdivision; and

(c) comply with requirements set out in the regulations.

(3) Staged subdivision by-laws cannot apply to subdivision comprised of the removal, from the parcel, of land comprised of common property or the addition, to the parcel, of land from outside the parcel.

(4) Staged subdivision by-laws do not bind the Planning Commission or a local government to give a planning approval for an agreed stage of subdivision.

(5) Staged subdivision by-laws do not bind the scheme developer of a stage of subdivision to undertake the subdivision.

(6) Staged subdivision by-laws can only be made, amended or repealed if —

(a) for a leasehold scheme, the owner of the leasehold scheme —

(i) has been given notice in the approved form of the by-laws; and

(ii) has given written consent to the by-laws;

and

(b) in any case, the holder of each designated interest over the whole or a part of the parcel —

(i) has been given notice in the approved form of the by-laws; and

(ii) either —

(I) has given written consent to the application; or

(II) has not, at the end of 60 days after being given notice, made a written objection to the proposed by-laws.

(7) The Tribunal may, on the application of an applicant for registration of staged subdivision by-laws or an amendment of staged subdivision by-laws, order that an objection to the by-laws of a person with a designated interest be disregarded on the grounds that the objection is unreasonable.

(8) In considering whether an objection is unreasonable, the Tribunal may consider —

(a) the merits of the proposed by-laws; and

(b) the grounds for the objection; and

(c) any other factor the Tribunal considers relevant.

(9) If the Tribunal makes such an order, the applicant must lodge a copy of the order certified by the Tribunal with the Registrar of Titles.

(1) Exclusive use by-laws of a strata titles scheme are scheme by-laws that confer exclusive use and enjoyment of, or special privileges over, the common property in the strata titles scheme or specified common property in the strata titles scheme (the special common property) on the occupiers, for the time being, of a specified lot or lots in the strata titles scheme (the special lots).

(2) Exclusive use by-laws may include the following —

(a) terms and conditions on which the occupiers of special lots may use the special common property;

(b) particulars relating to access to the special common property and the provision and keeping of any key necessary;

(c) particulars of the hours during which the special common property may be used;

(d) provisions relating to the condition, maintenance, repair, renewal or replacement of the special common property;

(e) provisions relating to insurance of the special common property to be maintained by the owners of special lots;

(f) matters relating to the determination of amounts payable to the strata company by the owners of special lots and the imposition and collection of the amounts.

(3) Subject to the terms of exclusive use by-laws, the obligations that would, apart from this subsection, fall on the strata company under section 91(1)(c) in relation to the special common property fall instead on the owners of the special lots.

(4) An amount payable by a person to a strata company under exclusive use by-laws must be paid (together with interest on any outstanding amount) and may be recovered by the strata company, as if the amount payable were an unpaid contribution levied on the person as a member of the strata company.

(5) Exclusive use by-laws can only be made, amended or repealed if the owner of each lot that is or is proposed to be a special lot has given written consent to the by-laws.

(1) Subject to this Act, a strata company may, by resolution of the strata company, make governance by-laws or conduct by-laws for the strata titles scheme (including by-laws that amend or repeal the by-laws it is taken to have made on registration of the scheme).

(2) The resolution to make by-laws must be —

(a) for governance by-laws — a resolution without dissent; and

(b) for conduct by-laws — a special resolution.

(3) The power to make by-laws includes power to amend or repeal by-laws in the same manner and on the same conditions as they are made.

(4) If by-laws purport to be made in exercise of a particular power or powers, they are also taken to be made in exercise of all powers under which they can be made.

(5) Scheme by-laws must be in the approved form.

(1) Scheme by-laws may apply to the following —

(a) the strata company for the strata titles scheme;

(b) a member, for the time being, of the strata company for the strata titles scheme;

(c) an occupier or lessee, for the time being, of a lot, or the common property, in the strata titles scheme;

(d) in the case of leasehold by-laws — the owner of the leasehold scheme;

(e) in the case of exclusive use by-laws — the owners and occupiers, for the time being, of special lots.

(2) Each person to whom scheme by-laws apply must comply with the by-laws as if the by-laws were a deed (signed and sealed by each person to whom they apply) containing mutual covenants to observe and perform the matters set out in the by-laws.

(3) A lease of a lot or common property in a strata titles scheme is taken to contain an agreement by the lessee that the lessee will comply with the scheme by-laws.

(4) The owner, occupier or lessee of a lot or common property in a strata titles scheme must take all steps that are reasonable in the circumstances to ensure that every person who they permit to use or who they invite on to the lot or common property complies with by-laws that apply to the owner, occupier or lessee.

(5) Scheme by-laws are not by-laws or subsidiary legislation within the meaning of the Interpretation Act 1984.

(6) An interest created under scheme by-laws does not have effect as an interest registered under the Transfer of Land Act 1893.

(7) Nothing in subsection (6) derogates from the operation of leasehold by-laws.

Scheme by-laws are invalid as follows —

(a) to the extent that there is no power to make the by-laws;

(b) to the extent that they are inconsistent with this Act or any other written law;

(c) to the extent that they are inconsistent with a restricted use condition;

(d) for a leasehold scheme — to the extent that they are inconsistent with the covenants or conditions of a strata lease over a lot in the scheme;

(e) to the extent that they purport to deny or limit the right of a member of the strata company to vote on a proposed resolution of the strata company (except as set out in this Act);

(f) to the extent that they prohibit or restrict the devolution of a lot or a transfer, lease, mortgage or other dealing with a lot;

(g) to the extent that they purport to discharge or modify an easement or restrictive covenant;

(h) to the extent that they prohibit or restrict the keeping on a lot of an animal that is used as an assistance animal by a person with a disability who is an owner or occupier of a lot;

(i) to the extent that they prohibit or restrict the use on the parcel of an assistance animal by a person with a disability;

(j) to the extent that, having regard to the interests of all of the owners of lots in the strata titles scheme in the use and enjoyment of their lots and the common property —

(i) they are unfairly prejudicial to, or unfairly discriminatory against, 1 or more of the owners of lots; or

(ii) they are oppressive or unreasonable.

(1) A strata company may —

(a) give a written notice to a person alleged to have contravened the scheme by-laws; or

(b) apply to the Tribunal under this section for an order enforcing scheme by-laws if —

(i) the contravention has had serious adverse consequences for a person other than the person alleged to have contravened the scheme by-laws; or

(ii) the person has contravened the particular scheme by-law on at least 3 separate occasions; or

(iii) the person has been given notice under paragraph (a) and has contravened the notice.

(2) A written notice given by a strata company to a person alleged to have contravened the scheme by-laws must —

(a) specify the particular scheme by-law that is alleged to have been contravened; and

(b) specify the particular facts relied on as evidence of the contravention; and

(c) specify the action that must be taken or refrained from being taken in order to avoid a continuing or further contravention of the particular scheme by-law; and

(d) contain an explanation of the effect of this section in terms set out in the regulations.

(3) An application may also be made to the Tribunal for enforcement of scheme by-laws by —

(a) the owner of a lot in the strata titles scheme; or

(b) if the scheme is a leasehold scheme — the owner of the leasehold scheme; or

(c) a mortgagee of a lot in the strata titles scheme; or

(d) an occupier of a lot in the strata titles scheme.

(4) An application can only be made under subsection (3) on the grounds that —

(a) if a person other than the strata company is alleged to have contravened the scheme by-laws — the person has been given notice under subsection (1)(a) and has contravened the notice; or

(b) the contravention has had serious adverse consequences for a person other than the person alleged to have contravened the scheme by-laws; or

(c) the person has contravened the particular scheme by-law on at least 3 separate occasions.

(5) The Tribunal may, if satisfied that a person has contravened the scheme by-laws, by order require the person to do 1 or more of the following —

(a) pay a specified amount to the strata company by way of penalty for the contravention;

(b) take specified action within a period stated in the order to remedy the contravention or prevent further contraventions;

(c) refrain from taking specified action to prevent further contraventions.

(6) The Tribunal’s power to impose a penalty is subject to the following limitations —

(a) a penalty must not be imposed on the strata company;

(b) a penalty may only be imposed if the Tribunal is satisfied of the matters set out in subsection (1)(b) or (4) as the case requires;

(c) the penalty must not exceed an amount fixed by the regulations;

(d) a daily penalty may be imposed for a continuing contravention only if that is authorised by the regulations.

(7) The regulations may —

(a) specify a maximum amount that may be imposed by the Tribunal by way of penalty for contravention of scheme by-laws; and

(b) specify circumstances in which a daily penalty may be imposed for a continuing contravention and a maximum amount that may be imposed as a daily penalty.

(8) If an order is made under this section requiring a member of a strata company to pay an amount to a strata company, the amount may be recovered by the strata company, and interest is payable on any outstanding amount, as if the amount payable were an unpaid contribution levied on the member as a member of the strata company.

(9) An amount otherwise ordered to be paid by way of penalty under this section is recoverable as a debt in a court of competent jurisdiction.

(1) A strata company must apply for registration of an amendment of the strata titles scheme to register scheme by-laws as soon as reasonably practicable and, in any event, within 3 months, after they are made, amended or repealed.

(2) An amendment of a strata titles scheme to give effect to scheme by-laws may only be registered if the scheme by-laws have been made, amended or repealed in accordance with this Division.

(1) When a strata lease is registered as a scheme document, the lease is taken to be a registered lease under the Transfer of Land Act 1893.

(2) The following provisions do not apply to or in relation to a strata lease —

(a) the Transfer of Land Act 1893 Part IV Division 2;

(b) the Property Law Act 1969 sections 72, 73, 74, 75, 76, 79, 80, 81 and 83 and Part VII Division 2;

(c) other provisions of those or other Acts specified in the regulations.

(3) Subsection (2) does not affect the application of the Transfer of Land Act 1893 or the Property Law Act 1969 to a lease of a lot in a leasehold scheme.

(1) A strata lease for a lot in a leasehold scheme commences when the lot is created on the registration of the leasehold scheme or an amendment of the leasehold scheme to give effect to a subdivision and expires on the expiry day for the scheme.

(2) A strata lease is of no effect to the extent that it purports to extend beyond the expiry day for the scheme.

(3) A strata lease is not subject to renewal, but its term is extended by postponement of the expiry day for the scheme.

(4) The fact that the expiry day may be postponed does not render a strata lease invalid for being of uncertain duration or for any other reason.

(5) A strata lease is not subject to forfeiture.

(1) The owner of a leasehold scheme must not interfere with the use and enjoyment of a lot or common property in the leasehold scheme by the owner of a lot in the scheme.

(2) Subject to subsection (3), the consent of the owner of the leasehold scheme is not required by the owner of a lot in the scheme to deal with or dispose of the strata title for the lot.

(3) The regulations may specify circumstances in which the consent of the owner of the leasehold scheme may be required despite subsection (2).

(4) The owner of a leasehold scheme cannot re-enter a lot in the scheme except if that is authorised by order of the Tribunal or under the leasehold by-laws (for non-payment of an amount for postponement of the expiry day) or if the owner of the lot surrenders the strata lease.

(1) A strata lease —

(a) can only contain covenants or conditions allowed by the regulations; and

(b) if breach of a covenant or condition may lead to an order of the Tribunal for re-entry, the strata lease must identify the covenant or condition as a fundamental covenant or condition; and

(c) cannot grant the owner of the leasehold scheme a right of re-entry of the lot for breach of a covenant or condition (express or implied); and

(d) must be in the approved form.

(2) The covenants or conditions allowed by the regulations cannot include covenants or conditions for the following —

(a) a matter that could be included in leasehold by-laws;

(b) refurbishment of the lot or improvements on the lot;

(c) a matter that is dealt with under this Act including —

(i) financial contributions towards the maintenance, repair, renewal or replacement of common property in the leasehold scheme or property of the strata company; and

(ii) the insurance required for the leasehold scheme;

(d) the acquisition of the owner of a leasehold scheme’s freehold reversion in the lot and the common property appurtenant to the lot;

(e) compensation for the value of improvements to the lot;

(f) any other matter specified in the regulations.

(3) If a strata lease cannot provide for, or relate to, something under this section, then it cannot be provided for in any other way, other than under scheme by-laws (if the thing may be the subject of scheme by-laws).

Note for this subsection:

For example, the thing cannot be made the subject of a lease, contract or deed.

(1) A strata lease can only be amended by written agreement between the owner of the leasehold scheme and the owner of the lot to which the strata lease relates.

(2) The regulations may impose additional requirements for the amendment of a strata lease.

(3) The amendment of a strata lease cannot take effect until registration of the amendment.

(4) An amendment of a strata lease must not be registered unless —

(a) if the owner of the leasehold scheme or the owner of the lot is not an applicant, that owner has given written consent to the amendment; and

(b) the strata lease as amended is lodged with the Registrar of Titles.

(1) The owner of a leasehold scheme or the owner of a lot in the leasehold scheme may apply to the Tribunal for enforcement of a covenant or condition in the strata lease or an obligation under this Division.

(2) However, an application can only be made by the owner of the leasehold scheme if —

(a) the owner of the leasehold scheme has served notice about the breach of the strata lease on the owner of the lot, and the mortgagee of the lot, if any, that complies with the Property Law Act 1969 section 81(1)(a), (b) and (c); and

(b) the owner of the lot has failed within a reasonable time after the service of the notice on the owner, to remedy the breach, if it is capable of remedy, and to make reasonable compensation in money, to the satisfaction of the owner of the leasehold scheme, for the breach.

(3) The Tribunal may, if satisfied that the owner of a lot in a leasehold scheme has breached a covenant or condition in the strata lease, by order do 1 or more of the following —

(a) require the owner of the lot to pay compensation to the owner of the leasehold scheme for any pecuniary loss or damage caused by the breach of the strata lease;

(b) require the owner of the lot to do, or refrain from doing, a specified act to remedy the breach;

(c) vest, for the remaining term of the strata lease, or for a shorter term, the strata lease for the lot in a mortgagee of the lot on conditions that the Tribunal is satisfied are just and equitable, including, for example, conditions relating to —

(i) the execution of a dealing or other document; or

(ii) the payment of costs, expenses, damages or compensation; or

(iii) the giving of security;

(d) if the covenant or condition is a fundamental covenant or condition and the Tribunal is satisfied that the owner of the leasehold scheme cannot be reasonably compensated by an order under a preceding paragraph, authorise the owner of the leasehold scheme to re-enter the lot.

(4) The Tribunal may, if satisfied that the owner of a leasehold scheme has breached a covenant or condition in the strata lease or has contravened this Act, by order do 1 or more of the following —

(a) require the owner of the leasehold scheme to pay compensation to the owner of a lot in the scheme for any pecuniary loss or damage caused by the owner of the leasehold scheme, including by purporting to exercise a right to re-enter the lot in circumstances in which the owner does not have that right;

(b) require the owner of the leasehold scheme to return possession of a lot in the scheme to the owner of the lot.

(1) A contract or any other agreement or arrangement is of no effect to the extent that it purports to exclude or restrict the operation of this Division.

(2) A purported waiver of a right, remedy or benefit conferred on a person under this Division is of no effect.