The information in the strata titles guide should not be regarded as legal advice and legal submissions in applications to sat should be based on. Strata survey strata plan may restrict use of parcel. What you need to know the property council has been working tirelessly behind the scenes to assist landgate with the progression of strata reform. Subsidiary legislation made under this act current versions. Scawa response to landgate strata titles act reform introduction to scawa strata community australia wa is the only western australian association supporting the strata sector, with a membership base that includes 100 strata management businesses, 112 strata managers, 46 businesses involved in providing services to the.
Western australian legislation strata titles act 1985. The strata titles act 1985 the act will continue after the reforms come into. Commencement these regulations come into operation on the day on which the strata titles amendment act 1995 comes into operation 1. Proposed reforms to the strata titles act 1985 implications. Key elements for interpreting strata plans under the strata titles act 1967. Home strata titles act 1985 subsidiary legislation. This article about reforms to wa strata legislation has been supplied by andrew chambers, chambers. Statutes amendment community and strata titles bill 2011 4 ha gp 155 opc 70 atbt 7042011 10. The state government has announced comprehensive changes to the strata titles act to reflect the changing face of residential living in western australia. The reforms will ensure western australia has a modern strata titles act to better meet the states needs in light.
Media statements comprehensive changes to strata titles act. Greening strata title schemes in wa curtin university. The statutes amendment community and strata titles act 2012 replaces the community titles act 1996 and the strata titles act 1988. Strata titles practice manual for western australia edition 7. Strata titles act 1985 as amended schedule 1 page 2 of 2 and, if any amount so paid is applied by the strata company under subbylaw 2, to pay such further amount or amounts by way of such security as may be necessary to maintain the amount of the security as, subject to this subbylaw, the strata company may require. State of western australia and its agents and employees disclaim liability, whether in negligence or otherwise. The strata titles act reform and the development of the community titles legislation. They also outline obligations for body corporate managers as well as community and strata corporations. Strata titles amendment 1 an act to amend the strata titles act 1985. The strata titles act 1998 requires strata schemes to comply with the articles as set out in schedule 3 of the strata titles act 1988. Introduction reiwa welcomes the state governments reform agenda for the strata titles act. The provisions of the strata titles act 1985 and the strata titles general regulations 1996, both of which are available from the state law publisher.
Strata titles amendment bill 2018 explanatory memorandum. If this is the case, a licensed land surveyor would need to assist with the preparation of the strata title documents. The digitisation and electronic lodgement of land titling documents over. The proposed reforms aim to ensure western australia has strata legislation that better meets the states needs in light of future growth. Go ahead given to amend strata titles act in wa overview of. Peninsular malaysia, the federal territory of kuala lumpur and the federal territory of putrajaya1 june 1985, p. Strata company financial reports and information part of the stiwa best practice series stiwa strata titles institute of western australia inc. It is a summary only and should not be taken as a precise guide to the law on strata titles. Versions of this act includes consolidations, reprints and as passed versions. This bill will amend the strata titles act 1985 the current act to make strata. This compilation shows amendments proposed by bill no. Reforms to wa strata legislation as a lot owner, should i.
Department of the premier and cabinet, media statements. Interpreting strata plans property and land titles. These can be changed by special resolution at a strata meeting. Strata titles schemes are a significant part of the wa property landscape. The changes being introduced will modernise our states strata framework and deliver a better strata system for the future.
Any changes to the articles must be noted in the strata meeting minutes and lodged with the lands titles office. Was new strata laws will support the growing number of western australians who own, work or live in a strata property, as well as those looking to buy. Act 318 strata titles act 1985 an act to facilitate the subdivision of building or land into parcels, the disposition of titles and the collection of rent and for purposes connected therewith. The legislative history at the back of the act provides detail about the past and future operation.
The strata titles amendment act 2018 was assented to on 19 november 2018. Where adjoining land is owned under a strata title, a claim may. This name also accurately conveys the close relationship between strata titles and the concept of community titles. Alternative boundaries for lots in single tier strata schemes 3ac. Restrictions on powers of expenditure 1 except as authorised by or under this section the council of a strata company shall not, in any one case, undertake expenditure exceeding the sum obtained by multiplying.
Major reform to wa strata law commences 1 may 2020strata in wa is changing for the better with amendments to the strata titles act 1985 now confirmed to commence on 1 may 2020. These publications are available from the state law publishers website. This way, the public will know what legislation deals with community titles. A strata title is created by the division of land into separate units at least two plus common property strata titles act 1988 sa s 5. May 02, 2019 those provisions of the corporations act referred to in the comment on our post does not apply to strata companies in western australia there is separate legislation in wa for strata companies the strata titles act 1985. In the last 6 months, we have established a strata reform working group with membership from across the residential and commercial committees to provide advice on our strata reform. It governs community and strata titles in south australia. The act does not apply to boundary construction, fence height restrictions or. Service of documents on strata company, proprietors. The state government has set strata reform as a key priority and landgate has been tasked to deliver reforms to the strata titles act 1985 in 2015, including tenure reform and the community titles advisory committee amendments. Strata titles practice manual for western australia.
Response of sca wa to landgates strata community wa. The vendor or their agent must give you this information before you enter into a contract to purchase the lot. Landgate is western australias statutory authority responsible for. You are directed to a disclaimer and notice governing the information provided. Introduction and overview of proposed reform the western australian state government, in conjunction with landgate, is seeking to overhaul the strata titles act 1985 wa sta which governs the operation of strata titles in this state. Jan 18, 2016 state cabinet has given approval for the drafting of a new bill to amend the strata titles act, and the minister intends to introduce the amended legislation to state parliament in spring 2016. Final reiwa submission strata titles reform jan 2015. The strata titles practice manual for western australia provides information addressing your question. Minister for transport, infrastructure and local government. Short title these regulations may be cited as the strata titles general regulations 1996 1. Statutes amendment community and strata titles bill 2011. Strata titles practice manual for western australia index only.
Whilst the strata titles act 1985 is due for amendment by the strata titles amendment act 2018 which is currently. Please can you tell me where, under the act it shows what can be done about unpaid strata fees. Strata titles act 1985 contents page ii consolidation 5a 5e. Strata titles practice manual for western australia index only version 10 july 2019 landgate. May 02, 2014 however, section 4211 of the strata titles act provides that the strata lot owner is responsible for the duties of the strata company in respect of their exclusive use areas unless the exclusive use bylaw makes an exception.
The first strata schemes in western australia were constructed over 50 years ago. Western australia strata titles act 1985 strata titles general regulations 1996 part 1 preliminary 1. Strata and surveystrata plans must be lodged at landgate as pdf files. Upon proclamation, part 2 of the strata titles amendment act 2018 will amend the strata titles act 1985. The changes will modernise the states strata framework, making it clearer and fairer. Apr 29, 2016 a guide to strata titles page 37 of 58 state administrative tribunal and26 dispute resolution the state administrative tribunal act 2004 sta act provides for the sat to assist in the resolution of disputes in accordance with sections 83 to 121 of the strata titles act the act. A property owner seeking to strata title a property would need to determine if a property meets all requirements to allow it to be strata titled. This document provides guidance on the interpretation of strata act plans, which is additional to the explanations detailed in schedule 2 of the subdivision act 1988 strata and cluster subdivisions. The state of tasmania the department of premier and cabinet 2020 ver. Community and strata titles legislation attorney generals. The wa state government has given landgate responsibility for. Strata titles amendment act 2018 contents page iv no. Similarly, sca wa is keen to see strata community scheme. Variation or discharge of easements under section 5d 25 5g.
Since being tasked by the state government to deliver reforms to the strata titles act 1985 act, landgate have focused on 5 key areas of reform. Log into your existing lookupstrata account to download the printable file. Strata titles act 1985 parliament of western australia. Strata titles act 1985 table of provisions long title part i preliminary 1. Reiwa exists to help everyone win in wa real estate.