Schedule 5 Transitional provisions for Strata Titles Amendment Act 2018

In this Schedule —

amending Act means the Strata Titles Amendment Act 2018;

commencement day means the day on which section 4 of the amending Act comes into operation.

(1) The coming into operation of the amending Act does not affect the continued existence of the following —

(a) a strata scheme or survey-strata scheme;

(b) a lot or common property in a strata scheme or survey-strata scheme;

(c) an estate or interest in a lot or common property in a strata scheme or survey-strata scheme;

(d) a strata company, its council or its officers.

(2) Each strata scheme for which a strata plan, and each survey-strata scheme for which a survey-strata plan, is registered immediately before commencement day is taken to be registered as a strata titles scheme.

(3) The strata plan or survey-strata plan, the by-laws of the strata company, and the schedule of unit entitlement for a strata scheme or survey-strata scheme, as registered immediately before commencement day, continue to be registered as scheme documents and can be amended as scheme documents.

The name of a strata titles scheme and the address for service of a strata company remains as it is immediately before commencement day and may be amended as if specified in a scheme notice.

(1) The by-laws (including any management statement) of a strata company as in force immediately before commencement day continue in force, subject to this Act, as scheme by-laws and as if they had been made as governance by-laws or as conduct by-laws according to the classification into which they would fall if they had been made on commencement day.

(2) However, all by-laws that are in force immediately before commencement day in the terms set out in Schedule 1 clauses 11 to 15, or Schedule 2 clause 5, as then in force are taken to be repealed on commencement day.

(3) A by-law under section 42(8) as in force immediately before commencement day is taken to be an exclusive use by-law subject to this Act.

(4) A by-law in force immediately before commencement day that could have been made as a staged subdivision by-law if made on the commencement day is taken to be a staged subdivision by-law.

(5) By-laws made by a strata company before commencement day in accordance with the Act as in force when the by-laws were made —

(a) may be registered on or after commencement day even if they could not have been made on or after that day, provided an application for registration is made within 3 months after the making of the by-laws; and

(b) if registered, are taken to have been made as governance by-laws or as conduct by-laws according to the classification into which they would fall if they had been made on commencement day.

(6) By-laws in force immediately before commencement day that can only be amended or repealed with the consent or approval of the Planning Commission or local government are taken to have been made subject to a planning (scheme by-laws) condition.

(7) Sections 46 and 47 apply to scheme by-laws whether made or registered before, on or after commencement day and a penalty may be imposed by the Tribunal under section 47 whether or not the particular scheme by-law provides for a penalty as set out in section 42A as in force immediately before commencement day.

The schedule of unit entitlement registered for a strata scheme or survey-strata scheme immediately before commencement day continues to be registered as the schedule of unit entitlements for the scheme.

(1) A member of the council or officer of a strata company who continues in that capacity on commencement day —

(a) must inform the council in writing, as soon as practicable after that day, of any direct or indirect pecuniary or other interest that the person has that conflicts or may conflict with the performance of a function as a member of the council or, if applicable, an officer of the strata company; and

(b) in the case of a member of the council, must not vote on a matter in which the member has an interest required to be disclosed under paragraph (a).

(2) Subclause (1) does not apply to an interest arising solely from the fact that the member or officer is the owner of a lot in the strata titles scheme.

(3) Subclause (1)(a) does not apply to matters of which the member or officer has already informed the council in writing but subclause (1)(b) does apply to such matters.

(1) An application lodged with the Registrar of Titles but not finally dealt with before commencement day of a kind listed below is taken to have been lodged under section 56 as an application for registration of amendment of a scheme plan —

(a) application for registration of plan of re-subdivision under section 8A as in force immediately before commencement day;

(b) application for registration of strata/survey-strata plan of consolidation under section 9 as in force immediately before commencement day;

(c) application for registration of conversion of 1 or more lots into common property under section 10 as in force immediately before commencement day;

(d) application for registration of a transfer of land under section 18 as in force immediately before commencement day;

(e) an application for registration of a lease, transfer of a lease or sub-lease, or the surrender of a lease, under section 18 as in force immediately before commencement day (being an amendment relating to temporary common property);

(f) an application for registration of a transfer of common property under section 19 as in force immediately before commencement day;

(g) an application for registration of the creation or surrendering of an easement or restrictive covenant under section 20 as in force immediately before commencement day.

(2) An application lodged with the Registrar of Titles but not finally dealt with before commencement day for registration of an amended schedule of unit entitlement under section 15 as in force immediately before commencement day is taken to have been lodged under section 56 as an application for registration of an amendment of the schedule of unit entitlements.

(1) For the purposes of an application to the Registrar of Titles involving registration of scheme documents or amendments of scheme documents prepared before commencement day —

(a) a certificate of a licensed surveyor or licensed valuer given in relation to a strata plan, survey-strata plan or schedule of unit entitlement before commencement day in accordance with the Act as then in force is taken to comply with the requirements of the Act as amended by the amending Act; and

(b) an approval of the Planning Commission or local government given under a provision of the Act as in force immediately before commencement day is taken to be an approval under the corresponding provision of the Act as amended by the amending Act.

(2) The regulations may impose time limits within which an application to the Registrar of Titles must be made if it involves registration of scheme documents or amendments of scheme documents prepared before commencement day.

A utility service easement applies to utility conduits whether installed before, on or after commencement day.

(1) Section 79 applies to contracts, leases and licences whether entered into or granted before, on or after commencement day in connection with a subdivision given effect by registration of a strata titles scheme or an amendment of a strata titles scheme on or after commencement day.

(2) A person who is a scheme developer of a subdivision immediately before commencement day must inform the strata company in writing, as soon as practicable on or after commencement day, of the following for each contract, lease or licence to which section 79 applies —

(a) details of any remuneration or other benefit (including savings connected with installation or commissioning of infrastructure for the provision of services under the contract) that the scheme developer or an associate of the scheme developer has received arising out of the contract, lease or licence;

(b) details of any other direct or indirect pecuniary interest that the scheme developer or an associate of the scheme developer has in the contract, lease or licence, other than as a member of the strata company.

(3) Subclause (2) does not apply to —

(a) matters of which the scheme developer has already informed the strata company in writing; or

(b) a contract, lease or licence relating to a subdivision given effect by registration of a strata titles scheme or an amendment of a strata titles scheme before commencement day.

An application to the Tribunal under section 90 may relate to a structural alteration made before commencement day.

Section 104(1) extends to records and correspondence made or kept under the Act as in force immediately before commencement day and to records and correspondence in the possession or control of a strata company immediately before commencement day.

(1) A person (a strata manager) may continue to perform scheme functions under a contract or volunteer agreement with a strata company that is in force immediately before commencement day for 6 months after that day and this Act applies, for that period, as if those functions were authorised to be performed by the strata manager under section 143 and as if the contract or volunteer agreement were a strata management contract.

(2) Subclause (1) —

(a) applies even if the functions could not be authorised under a strata management contract and even if the strata manager does not meet the requirements set out in section 144; and

(b) is subject to the variation or termination of the contract or volunteer agreement.

(3) A contract or volunteer agreement referred to in subclause (1) ceases to have effect 6 months after commencement day unless the strata manager then meets the requirements set out in section 144 and the contract or volunteer agreement then meets the requirements set out in section 145.

(4) Subject to any direction or resolution of the strata company to the contrary, a volunteer strata manager may continue to perform scheme functions performed by the strata manager immediately before commencement day for 6 months after commencement day even if the functions could not be authorised under a strata management contract and even if the strata manager does not meet the requirements set out in section 144.

(5) A strata manager to whom this clause applies must inform the strata company in writing, as soon as practicable on or after commencement day, of —

(a) any direct or indirect pecuniary or other interest that the strata manager has that conflicts or may conflict with the performance of the strata manager’s functions; and

(b) the amount or value of any remuneration or other benefit that the strata manager receives, or has a reasonable expectation of receiving (other than from the strata company) in connection with the performance of the strata manager’s functions.

(6) Subclause (5) does not apply to —

(a) remuneration or any other benefit that is less than an amount or value specified in or calculated in accordance with the regulations; or

(b) matters of which the strata manager has already informed the strata company in writing.

(1) A scheme dispute may involve an event that occurred, or a matter that arose, before commencement day.

(2) In determining a scheme dispute, the Tribunal may apply the objectives set out in section 119 as if that section had been in force when the event occurred or the matter arose.

A person who holds office as an administrator of a strata company under this Act immediately before commencement day continues to hold that office on the same terms and conditions and section 205 applies as if the administrator had been appointed under the Act as amended by the amending Act.

The clauses in Schedule 2A (except those in Part 1) are numbered as they were as sections in the body of the Act immediately before commencement day and anything done under any of those sections that may have effect after that day is taken to have been done under the corresponding clause.

(1) If the regulations declare that an easement of a specified class created under section 5D as in force immediately before commencement day corresponds to a specified short form easement or restrictive covenant —

(a) an easement of that class that is in force immediately before commencement day is taken to be a short form easement or restrictive covenant of the specified kind; and

(b) the rights and obligations under the easement are those applicable to the specified short form easement or restrictive covenant.

(2) An easement created under section 5D to which subclause (1) does not apply and in force immediately before commencement day —

(a) continues in force on the same terms and conditions as if the amending Act had not been enacted; but

(b) may be discharged by amendment to the scheme plan as if it were a short form easement or restrictive covenant.

(1) A restriction on the use to which a parcel or part of a parcel may be put under section 6 as in force immediately before commencement day is taken to be a restricted use condition.

(2) A reference to a retired person in such a restricted use condition is a reference to that term within the meaning of section 6A as in force immediately before commencement day.

An approval under section 7 or 7A as in force immediately before commencement day is taken to be an approval under section 87 or 88 respectively.

(1) Land leased under section 18 as in force immediately before commencement day is taken to be leased under section 92.

(2) Land noted on a strata plan or survey-strata plan under section 18(4) as in force immediately before commencement day that is leased by the strata company is taken to be temporary common property for the strata titles scheme as if the lease had been accepted under section 92.

If the documents required for termination of a strata titles scheme under section 30 or 30A as in force immediately before commencement day are lodged with the Registrar of Titles before commencement day, the Registrar of Titles must take the steps required under that section to terminate the scheme as if the amending Act had not been enacted.

A roll kept by a strata company under section 35A as in force immediately before commencement day is taken to be a roll kept under section 105.

(1) An administrative fund of a strata company established under section 36 as in force immediately before commencement day is taken to be an administrative fund established under section 100.

(2) A reserve fund of a strata company established under section 36 as in force immediately before commencement day is taken to be a reserve fund established under section 100.

(3) Contributions or other arrangements determined under section 36 as in force immediately before commencement day for any period that continues on or after commencement day are taken to be contributions or arrangements determined under section 100.

(4) Expenditure of a strata company already authorised for the current financial year under section 47 as in force immediately before commencement day but not expended before that day is taken to be authorised under section 102.

Any extension of a period applying to a contract under section 39A as in force immediately before commencement day is taken to have been made under section 115.

If an application has been made to a strata company under section 43 as in force immediately before commencement day but not complied with before that day, the strata company must deal with the application as if it had been made under section 107.

An authorisation of an individual under section 45 as in force immediately before commencement day is taken to have been given under section 136.

A special resolution under section 47(1)(a) as in force immediately before commencement day is taken to be a special resolution under section 102(6)(a)(i).

For 12 months after commencement day, a strata company is not required to comply with Part 8 Division 1 Subdivision 2 or Schedule 2A Part 5 (as applicable to the strata company) if it complies with Part IV Division 4 of the Act as in force immediately before commencement day.

Part 5 of the Act as in force immediately before commencement day continues to apply, as if the amending Act had not been enacted, to —

(a) a contract for the sale and purchase of a lot in a strata titles scheme entered into before commencement day; and

(b) the buyer and seller for the contract; and

(c) any person who has been paid money in relation to that contract.

(1) A proceeding in the District Court or Tribunal under this Act commenced before commencement day must be dealt with as if the amending Act had not been enacted.

(2) A proceeding under this Act that could have been, before commencement day, commenced in the District Court must instead be commenced in the Tribunal and the Tribunal has jurisdiction to hear and determine the matter.

A reference in another law or another document to a provision renumbered under the amending Act Part 2 Division 4 is a reference to the provision as renumbered unless the contrary intention appears.

A reference in another law or another document to a provision redesignated under the amending Act Part 2 Division 6 is a reference to the provision as redesignated unless the contrary intention appears.