DEFINITIONS

A

accounting records - means: the accounting records required to be kept by an owners corporation under section 103.
acquisition plan means: a deposited plan that:

(a)  is lodged for registration as a current plan, and

(b)  shows the parts of lots and association property within a scheme that are to be purchased by a resuming authority under section 34 of the Community Land Development Act 1989.

Adjudicator - means: a Strata Schemes Adjudicator appointed under Part 2 of Chapter 6.

Adjudicator means: a Community Schemes Adjudicator appointed under section 109H.

administrative fund of an owners corporation - means: the fund established by that owners corporation under section 66.

aggregate unit entitlement of lots the subject of a strata scheme - means: the sum of the unit entitlements of those lots.

approved insurer - means: a person, or a person belonging to a class of persons, approved by the Minister under section 95.

approved form means: the form approved by the Director-General for the purposes of each provision of this Act in which the expression appears.

association means: a community association, a precinct association or a neighbourhood association.

association property means:

(a)  in relation to a community scheme—the community property in the scheme, or

(b)  in relation to a precinct scheme—the precinct property in the scheme, or

(c)  in relation to a neighbourhood scheme—the neighbourhood property in the scheme.

B

building, in relation to a strata scheme or a proposed strata scheme, - means: a building containing a lot or proposed lot or part of a lot or of a proposed lot the subject of that scheme or proposed scheme.

building management committee, in relation to a strata scheme, - means: the building management committee established under the strata management statement for the scheme.

by-laws for a strata scheme - means: the by-laws in force in respect of the strata scheme.

by-laws means:

(a)  in relation to a scheme other than a strata scheme—by-laws included in the management statement in force for the scheme, or

(b)  in relation to a strata scheme—by-laws in force for the scheme under the Strata Schemes Management Act 1996.

C

common property means: the common property in a strata scheme as defined in the Strata Schemes (Freehold Development) Act 1973.

community association means: the corporation that:

(a)  is constituted under section 25 of the Community Land Development Act 1989 on the registration under that Act of a community plan, and

(b)  is established as a community association by section 5.

community development lot means: a lot in a community plan that is not community property, a public reserve or a drainage reserve and is not land that has become subject to a subsidiary scheme or a lot that has been severed from the community scheme.

community management statement means: a statement that is registered with a community plan as a statement of the by-laws and other particulars governing participation in the community scheme.

community parcel means: land the subject of a community scheme.

community plan means: a plan for the subdivision of land into 2 or more community development lots and 1 other lot that is community property, whether or not the plan includes land that, on registration of the plan, would be dedicated as a public road, a public reserve or a drainage reserve.

community plan of consolidation means: a plan for the consolidation of 2 or more, but not all, of the community development lots in a community plan.

community plan of subdivision means: a plan (other than an acquisition plan) for the subdivision of a community development lot into 2 or more community development lots and no other lot or lots.

community property means: the lot shown in a community plan as community property.

community roll means: the roll required by section 25 to be maintained by a community association.

community scheme means:

(a)  the manner of subdivision of land by a community plan, and

(b)  if land in the community plan is subdivided by a precinct plan—the manner of subdivision of the land by the precinct plan, and

(c)  the manner of subdivision of land in the community plan, or of land in such a precinct plan, by a neighbourhood plan or a strata plan, and

(d)  the proposals in any related development contract, and

(e)  the rights conferred, and the obligations imposed, by or under this Act, the Community Land Development Act 1989 and the Strata Schemes (Freehold Development) Act 1973 in relation to the community association, its community property, the subsidiary schemes and persons having interests in, or occupying, development lots and lots in the subsidiary schemes.

company nominee, in relation to a corporation, means: the person named in a notice under section 47 as the nominee authorised by the corporation under section 111 to exercise its voting rights.

consent authority, in relation to the giving of an approval, a consent or a certificate, means: the council that has as a function the giving of the approval, consent or certificate under the Environmental Planning and Assessment Act 1979 or Chapter 7 of the Local Government Act 1993.

current plan means: a registered plan that is a current plan within the meaning of the Conveyancing Act 1919 but is not a plan that, under the Strata Schemes (Freehold Development) Act 1973, is a strata plan, a strata plan of subdivision or a strata plan of consolidation.

common property - means: so much of a parcel as from time to time is not comprised in any lot.

community scheme - means: a community scheme under the Community Land Development Act 1989 .

company nominee of a corporation - means: the individual, if any, for the time being authorised under section 122 by the corporation.

consent authority has the same meaning as it has in the Environmental Planning and Assessment Act 1979 .

contiguous - means: for the purposes of this Act, a strata scheme is contiguous with another strata scheme even if it is divided by, or separated from the other scheme by, a natural feature (such as a watercourse), a railway, a road, a public reserve or a drainage reserve.

covenant chargee, in relation to a lot in a leasehold strata scheme, - means: a covenant chargee of a lease of the lot.

D

deposited plan means: a plan of division of land that is prepared for the purposes of the Community Land Development Act 1989, is not required to be registered under the Strata Schemes (Freehold Development) Act 1973 and is registered after being lodged at the office of the Registrar-General in accordance with Division 3 of Part 23 of the Conveyancing Act 1919.

Deputy Registrar means: a Deputy Registrar of the Tribunal.

developer means:

(a)  in relation to a community scheme—the person who, for the time being, is the registered proprietor of a community development lot in the community plan, or

(b)  in relation to a precinct scheme—the person who, for the time being, is the registered proprietor of a precinct development lot in the precinct plan, or

(c)  in relation to a neighbourhood scheme—the original proprietor of the neighbourhood parcel.

development, in relation to land, means:

(a)  the erection of a building on the land, or

(b)  the carrying out of a work in, on, under or over the land, or

(c)  the use of the land or of a building or work on the land, or

(d)  the subdivision of the land,

      not excluded by regulations under the Environmental Planning and Assessment Act 1979 from the definition of development in that Act.

development application means: an application under Division 1 of Part 4 of the Environmental Planning and Assessment Act 1979 for consent to carry out development.

development consent means: consent under Division 1 of Part 4 of the Environmental Planning and Assessment Act 1979 to carry out development.

development contract means: instruments, plans and drawings that are registered with a community plan, precinct plan or neighbourhood plan and describe the manner in which it is proposed to develop the land in a community plan, precinct plan or neighbourhood plan to which they relate.

development lot means: a community development lot or a precinct development lot that has not been severed under section 15 of the Community Land Development Act 1989 from the applicable scheme.

Director-General means:

(a)  the Commissioner for Fair Trading, Department of Commerce, or

(b)  if there is no such position in that Department, the Director-General of that Department.

drainage reserve means: land that is set aside as a drainage reserve, under section 49 of the Local Government Act 1993.

Deputy Registrar - means: a Deputy Registrar of the Tribunal.
developer, in relation to the strata scheme constituted on registration of the strata plan proposed under a development scheme, - means: the person who, for the time being, is:

(a) the original owner, or

(b) a person, other than the original owner, who is the owner of a development lot within the strata plan.

development consent has the same meaning as it has in the Environmental Planning and Assessment Act 1979 .
development lot - means: a lot in a strata plan (not being a lot in a stratum parcel) that is identified by a strata development contract as a lot that is to be the subject of a strata plan of subdivision under the development scheme.
development scheme - means: the scheme of development provided for, and represented by, a strata development contract.
Director-General - means: the Director-General of the Department of Fair Trading.
 

E

enrolled mortgagee of a lot the subject of a freehold strata scheme or a lease of a lot the subject of a leasehold strata scheme - means: a person notice of whose mortgage has been given to the owners corporation for that strata scheme and whose name has been entered on the strata roll for that strata scheme as a mortgagee of that lot or lease, but does not include such a person:

(a) during any period during which the rights of the person as mortgagee, under that mortgage are, by reason of a sub-mortgage, suspended, or

(b) whose rights, as mortgagee, under that mortgage have, by reason of any other instrument, terminated,

if particulars of that sub-mortgage or other instrument have been entered on the strata roll for that strata scheme.
executive committee of an owners corporation - means: the executive committee of that owners corporation.
exercise a function includes perform a duty.
 

F

folio means: folio of the Register.

former development lot means: a precinct parcel, neighbourhood parcel or strata parcel that, before it became subject to the precinct scheme, neighbourhood scheme or strata scheme, was a development lot.

financial institution - means: a bank, building society or credit union.
financial statements - means: the financial statements prepared by an owners corporation in accordance with section 106.
floor includes a stairway or ramp.
freehold strata scheme - means: a strata scheme under the Strata Schemes (Freehold Development) Act 1973 .
function includes a power, authority or duty.
 

G

H

I

iinitial period means, in relation to:

(a)  a strata scheme—the initial period defined in the Strata Schemes Management Act 1996, or

(b)  a neighbourhood scheme—the period that commences when the neighbourhood association is constituted and ends when the sum of the unit entitlements of lots in the neighbourhood scheme of which the original proprietor is not the proprietor is at least one-third of the total unit entitlement under the neighbourhood scheme, or

(c)  a precinct scheme—the period that commences when the precinct association is constituted and ends when the sum of the unit entitlements of former development lots in the scheme that are the subject of neighbourhood or strata schemes for which the initial period has expired is at least one-third of the total unit entitlement under the precinct scheme, or

(d)  a community scheme—the period that commences when the community association is constituted and ends when the sum of the unit entitlements of former development lots in the scheme that are the subject of neighbourhood or strata schemes for which the initial period has expired is at least one-third of the total unit entitlement under the community scheme.

interim order means: an interim order made by an Adjudicator under section 72.

land means: contiguous land held under the Real Property Act 1900 in fee simple, no part of which is land in a qualified or limited folio and which:

(a)  is a lot or portion, or 2 or more lots or portions, in a current plan, or

(b)  is land the subject of a transaction referred to in section 23G of the Conveyancing Act 1919, or

(c)  is land referred to in both paragraph (a) and paragraph (b).

interested person, in relation to a freehold strata scheme, - means: any of the following:

(a) the owners corporation for the strata scheme,

(b) the chairperson, secretary or treasurer of the owners corporation (or of the executive committee of the owners corporation) of the strata scheme,

(c) a strata managing agent for the strata scheme,

(d) an owner of a lot in, a person having an estate or interest in a lot in, or an occupier of a lot in, the strata scheme.

interested person, in relation to a leasehold strata scheme, - means: any of the following:

(a) the owners corporation for the strata scheme,

(b) the chairperson, secretary or treasurer of the owners corporation (or of the executive committee of the owners corporation) of the strata scheme,

(c) a strata managing agent for the strata scheme,

(d) the lessor of the strata scheme,

(e) an owner or sublessee of, a person having any other estate or interest in, or an occupier of, a lot in the strata scheme.

interested person, in relation to a strata scheme for a stratum parcel, includes the following:

(a) the owners corporation or a strata managing agent for, an owner of a lot in, a person having any other estate or an interest in a lot in, or an occupier of a lot in, any other strata scheme affecting the building,

(b) any other person for the time being bound by the strata management statement for the building.

 

interim order - means: an order under section 170.
 

J

Joints Tenants: People or entities who own an asset together may own that asset as Tenants In Common or as Joint Tenants. The key difference between the two forms of ownership is the right of the survivors to the whole property. That means that in the case of a joint tenancy if one joint tenant dies, the asset automatically passes to the other joint tenant/s and is not affected by provisions in a will. If however the asset is held by two or more parties as tenants in common then each may deal with their separate interest under their will.  There are procedures in each state for severing a joint tenancy to convert it into a holding as tenants in common.

Whilst joint tenancies are always in equal shares, it is not uncommon for tenants in common to hold uneven interests e.g. one tenant may own 99% of the asset whilst the other tenant in common owns just 1%. In fact a split like that is often used by spouses to own their Main residence to provide asset protection whilst preserving the CGT free status of the home. The "at-risk" spouse will hold the 1% interest as tenant in common.

K

L

large strata scheme

(1) In this Act, large strata scheme - means: a strata scheme comprising more than 100 lots or more than such other number of lots as may be prescribed by the regulations for the purposes of this subclause.

(2) When calculating the number of lots in a strata scheme for the purposes of this clause, utility lots and lots used for the purposes of parking are not to be included in the calculation.

(3) The regulations may contain provisions of a savings or transitional nature consequent on a change in the number of lots comprising a large strata scheme.

leasehold strata scheme - means: a strata scheme under the Strata Schemes (Leasehold Development) Act 1986 .
lessor of a leasehold strata scheme has the same meaning as lessor has in the Strata Schemes (Leasehold Development) Act 1986 .
local council, in relation to land, - means: the council of the area under the Local Government Act 1993 in which the land is situated.
lot:

(a) in relation to a freehold strata scheme, has the same meaning as in the Strata Schemes (Freehold Development) Act 1973 , and

(b) in relation to a leasehold strata scheme, has the same meaning as in the Strata Schemes (Leasehold Development) Act 1986 .

M

management statement means: a community management statement, a precinct management statement or a neighbourhood management statement.

managing agent, in relation to an association, means: a person who is, within the meaning of the Property, Stock and Business Agents Act 2002, the community managing agent for the association.

mortgage means: a charge (other than a statutory interest or a covenant charge) on land for securing the payment of money or money’s worth.

mortgage, in relation to a freehold strata scheme, - means: a charge, other than a statutory interest or a covenant charge, on a lot for securing money or money’s worth.
mortgage, in relation to a leasehold strata scheme, - means: a charge, other than a statutory interest or covenant charge, on a lease of a lot for securing money or money’s worth.
mortgagee of a lot in a leasehold strata scheme - means: a mortgagee of a lease of the lot.
 

N

neighbourhood association means: the corporation that:

(a)  is constituted under section 25 of the Community Land Development Act 1989 on the registration of a neighbourhood plan, and

(b)  is established as a neighbourhood association by section 7.

neighbourhood lot means: land that is a lot in a neighbourhood plan but is not neighbourhood property, a public reserve or a drainage reserve.

neighbourhood management statement means: a statement that is registered with a neighbourhood plan as a statement of the by-laws and other particulars governing participation in the neighbourhood scheme.

neighbourhood parcel means: land the subject of a neighbourhood scheme.

neighbourhood plan means: a plan (other than a community plan, a precinct plan or a strata plan) for the subdivision of land into 2 or more lots for separate occupation or disposition and 1 other lot that is neighbourhood property, whether or not the plan includes land that, on registration of the plan, would be dedicated as a public road, a public reserve or a drainage reserve.

neighbourhood plan of consolidation means: a plan for the consolidation of 2 or more, but not all, of the neighbourhood lots in the same neighbourhood plan.

neighbourhood plan of subdivision means: a plan that is not a strata plan or an acquisition plan and is:

(a)  for the subdivision of 1 or more neighbourhood lots (whether or not the neighbourhood scheme is part of a community scheme) into 2 or more different neighbourhood lots, or

(b)  for the subdivision of 1 or more neighbourhood lots (whether or not the neighbourhood scheme is part of a community scheme) into 1 or more different neighbourhood lots and related neighbourhood property, or

(c)  for the subdivision of 1 or more neighbourhood lots and neighbourhood property in a neighbourhood scheme that is not part of a community scheme into 1 or more different neighbourhood lots and related neighbourhood property, or

(d)  for the subdivision of neighbourhood property in a neighbourhood scheme that is not part of a community scheme into 1 or more neighbourhood lots and related neighbourhood property.

neighbourhood property means: the lot shown in a neighbourhood plan as neighbourhood property.

neighbourhood roll means: the roll required by section 25 to be maintained by a neighbourhood association.

neighbourhood scheme means:

(a)  the manner of subdivision of land by a neighbourhood plan, and

(b)  the proposals in any related development contract, and

(c)  the rights conferred, and the obligations imposed, by or under this Act and the Community Land Development Act 1989 in relation to the neighbourhood association, the neighbourhood property and the proprietors and other persons having interests in, or occupying, the neighbourhood lots.

notice of resumption means: a notice, notification or other instrument on publication of which land is resumed.

O

open access way means: an open access way set apart under Part 5 of the Community Land Development Act 1989.

ordinary resolution means: a resolution passed:

(a)  except on a poll—by a majority in number of the votes cast, or

(b)  on a poll—by a majority in value of the votes cast.

original proprietor, in relation to land, means: the registered proprietor in fee simple of the land at the time of registration of a community plan, precinct plan or neighbourhood plan subdividing the land.

occupier of a lot - means: any person in lawful occupation of the lot.
on-site residential property manager has the same meaning as in the Property, Stock and Business Agents Act 2002 .
original owner - means:

(a) in relation to a freehold strata scheme, the person by whom the parcel the subject of that scheme was held in fee simple at the time of registration of the strata plan to which the scheme relates, or

(b) in relation to a leasehold strata scheme, the person who, immediately after registration of the strata plan concerned is the lessee of all the lots the subject of the scheme or the lessee of 2 or more of those lots (the sum of whose unit entitlements is more than two-thirds of the aggregate of the aggregate unit entitlement).

owner of a lot in a freehold strata scheme - means:

(a) except as provided by paragraph (b), a person for the time being recorded in the Register as entitled to an estate in fee simple in that lot, or

(b) a person whose name has been entered on the strata roll as an owner in accordance with section 98.

 

owner of a lot in a leasehold strata scheme - means:

(a) except as provided by paragraph (b) or (c), a person for the time being recorded in the Register as entitled to a leasehold estate in the lot, or

(b) a person whose name has been entered on the strata roll as a lessee in accordance with section 98, or

(c) while a proprietor is taken by section 35 (1) of the Strata Schemes (Leasehold Development) Act 1986 to be the lessee of the lot, the proprietor.

owners corporation - means: an owners corporation constituted under section 11.
 

P

personal property, in relation to an association, includes (but is not limited to) association rolls, books of account and other records.

precinct association means: the corporation:

(a)  constituted by section 25 of the Community Land Development Act 1989 on the registration of a precinct plan, and

(b)  established as a precinct association by section 6 of this Act.

precinct development lot means: a lot in a precinct plan that is not precinct property, a public reserve or a drainage reserve and is not land that has become subject to a subsidiary scheme or a lot that has been severed from the precinct scheme.

precinct management statement means: a statement that is registered with a precinct plan as a statement of the by-laws and other particulars governing participation in the precinct scheme.

precinct parcel means: land the subject of a precinct scheme.

precinct plan means: a plan for the subdivision of the land in a community development lot into 2 or more precinct development lots and 1 other lot that is precinct property, whether or not the plan includes land that, on registration of the plan, would be dedicated as a public road, a public reserve or a drainage reserve.

precinct plan of consolidation means: a plan for the consolidation of 2 or more, but not all, of the precinct development lots in the same precinct plan.

precinct plan of subdivision means: a plan (other than an acquisition plan) for the subdivision of a precinct development lot into 2 or more precinct development lots and no other lot or lots.

precinct property means: the lot shown in a precinct plan as precinct property.

precinct roll means: the roll required by section 25 to be maintained by a precinct association.

precinct scheme means:

(a)  the manner of subdivision of land by a precinct plan, and

(b)  the manner of subdivision of land in the precinct plan by a neighbourhood plan or a strata plan, and

(c)  the proposals in any related development contract, and

(d)  the rights conferred, and the obligations imposed, by or under this Act, the Community Land Development Act 1989 and the Strata Schemes (Freehold Development) Act 1973 in relation to the precinct association, its precinct property, the subsidiary schemes and persons having interests in, or occupying, development lots, neighbourhood lots and strata lots in subsidiary schemes.

private access way means: a private access way set apart under Part 5 of the Community Land Development Act 1989.

proprietor, in relation to a development lot or a neighbourhood lot, means:

(a)  a person for the time being recorded in the Register as entitled to an estate in fee simple in the lot, or

(b)  a person who has in the lot an interest referred to in section 47 of which notice has been given under that section to an association.

public authority includes a council within the meaning of the Local Government Act 1993.

public reserve has the same meaning as it has in the Local Government Act 1993.

public road has the same meaning as it has in the Roads Act 1993.

parcel - means:

(a) except as provided in paragraph (b), the land from time to time comprising the lots and common property the subject of a strata scheme, and

(b) in relation to a plan lodged for registration as a strata plan, the land comprised in that plan.

positive covenant - means: a positive covenant imposed on land under section 88D or 88E of the Conveyancing Act 1919 .
public authority - means: a public or local authority that is constituted by or under an Act.
 

Q

R

Register means: the Register kept under the Real Property Act 1900.

registered means: registered by the Registrar-General.

registered valuer means: a registered valuer under the Valuers Act 2003.

Registrar means: the Registrar of the Tribunal.

restricted property means:

(a)  association property of which the use is restricted by a management statement, or

(b)  common property of which the use is restricted by by-laws in force under the strata scheme of which it forms part.

resume means: compulsorily acquire under the authority of an Act or a Commonwealth Act.

resuming authority means: an authority in which land is proposed to be, or is, vested by way of resumption.

registered - means: registered in the office of the Registrar-General in accordance with this Act.
registered mortgagee - means: a mortgagee registered as such under the Real Property Act 1900 .
retirement village has the same meaning as in the Retirement Villages Act 1999 .

S
scheme means: a community scheme, a precinct scheme, a neighbourhood scheme or a strata scheme.

secretary, in relation to an association, means: the secretary of the executive committee of the association.

sign includes seal and, in the case of a corporation other than an association or a strata corporation, includes sign as a person authorised by the corporation.

special resolution means: a resolution:

(a)  that is passed at a duly convened meeting of a community association and against which not more than one-quarter in value (ascertained in accordance with clause 12 of Schedule 5 or clause 15 of Schedule 6) of votes is cast, or

(b)  that is passed at a duly convened meeting of a precinct association and against which not more than one-quarter in value (ascertained in accordance with clause 26 of Schedule 5 or clause 35 of Schedule 6) of votes is cast, or

(c)  that is passed at a duly convened meeting of a neighbourhood association and against which not more than one-quarter in value (ascertained in accordance with clause 40 of Schedule 5 or clause 55 of Schedule 6) of votes is cast, or

(d)  that is passed at a duly convened meeting of a strata corporation and against which not more than one-quarter in value (ascertained in accordance with clause 18 (2) and (3) of Part 2 of Schedule 2 to the Strata Schemes Management Act 1996) of votes is cast.

staged scheme means: a community scheme or precinct scheme developed in stages.

statutory interest means: a charge or other proprietary interest that:

(a)  is created by this or any other Act or a Commonwealth Act, and

(b)  affects land in a community plan, a precinct plan, a neighbourhood plan or a strata plan, and

(c)  is enforceable against a proprietor, an association or a strata corporation,

      whether or not it has been recorded in the Register.

strata corporation means: the owners corporation constituted by section 11 of the Strata Schemes Management Act 1996 for a strata scheme.

strata lot means: a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973 that is part of a community scheme.

strata parcel means: land the subject of a strata scheme.

strata plan means: a strata plan under the Strata Schemes (Freehold Development) Act 1973 that includes common property.

strata scheme means:

(a)  a strata scheme under the Strata Schemes (Freehold Development) Act 1973 that includes common property and is part of a community scheme, and

(b)  the proposals in any related development contract, and

(c)  the rights conferred, and the obligations imposed, by or under the Strata Schemes (Freehold Development) Act 1973, this Act and the Community Land Development Act 1989 in relation to the scheme.

subsidiary body means:

(a)  in relation to a community scheme—the precinct association, neighbourhood association or strata corporation constituted under a precinct scheme, neighbourhood scheme or strata scheme that is part of the community scheme, or

(b)  in relation to a precinct scheme—the neighbourhood association or strata corporation constituted under a neighbourhood scheme or strata scheme that is part of the precinct scheme.

subsidiary parcel means: the precinct parcel, neighbourhood parcel or strata parcel in a subsidiary scheme.

subsidiary scheme means:

(a)  in relation to a community scheme—a precinct scheme, neighbourhood scheme or strata scheme that is part of the community scheme, or

(b)  in relation to a precinct scheme—a neighbourhood scheme or strata scheme that is part of the precinct scheme.

schedule of unit entitlement:

(a) in relation to a freehold strata scheme, has the same meaning as in the Strata Schemes (Freehold Development) Act 1973 , and

(b) in relation to a leasehold strata scheme, has the same meaning as in the Strata Schemes (Leasehold Development) Act 1986 .

sinking fund of an owners corporation - means: the fund established by the owners corporation under section 69.
special resolution - means: a resolution which is passed at a duly convened general meeting of an owners corporation and against which not more than one-quarter in value, ascertained in accordance with clause 18 (2) and (3) of Part 2 of Schedule 2, of votes is cast.
statutory interest - means: a charge or other proprietary interest, created by this or any other Act or by any Act of the Parliament of the Commonwealth, affecting a lot or common property and enforceable against an owner for the time being or the owners corporation, whether or not it has been recorded in the Register.
strata development contract - means:

(a) in relation to a freehold strata scheme, a strata development contract, as in force for the time being, registered under Division 2A of Part 2 of the Strata Schemes (Freehold Development) Act 1973 , and

(b) in relation to a leasehold strata scheme, a strata development contract, as in force for the time being, registered under Division 5 of Part 2 of the Strata Schemes (Leasehold Development) Act 1986 .

strata managing agent’s licence

A reference in this Act (however expressed) to a strata managing agent’s licence under the Property, Stock and Business Agents Act 2002 includes a reference to a corporation licence under that Act that authorises the holder to act as, or carry on the business of, a strata managing agent.

strata management statement in relation to a strata scheme, - means: the strata management statement in force for the time being in respect of that strata scheme and registered under:

(a) in the case of a freehold strata scheme, the Strata Schemes (Freehold Development) Act 1973 , and

(b) in the case of a leasehold strata scheme, the Strata Schemes (Leasehold Development) Act 1986 .

 

strata roll, in relation to a strata scheme or a strata scheme which has been terminated, - means: the roll referred to in section 98 which relates to that scheme.
strata scheme - means: a freehold strata scheme or a leasehold strata scheme.
stratum parcel:

(a) in relation to a freehold strata scheme, has the same meaning as in the Strata Schemes (Freehold Development) Act 1973 , and

(b) in relation to a leasehold strata scheme, has the same meaning as in the Strata Schemes (Leasehold Development) Act 1986 .

Supreme Court - means: the Supreme Court of New South Wales.
 

T

Tenants in Common: People or entities who own an asset together may own that asset as Tenants In Common or as Joint Tenants. The key difference between the two forms of ownership is the right of the survivors to the whole property. That means that in the case of a joint tenancy if one joint tenant dies, the asset automatically passes to the other joint tenant/s and is not affected by provisions in a will. If however the asset is held by two or more parties as tenants in common then each may deal with their separate interest under their will.  There are procedures in each state for severing a joint tenancy to convert it into a holding as tenants in common.

Whilst joint tenancies are always in equal shares, it is not uncommon for tenants in common to hold uneven interests e.g. one tenant may own 99% of the asset whilst the other tenant in common owns just 1%. In fact a split like that is often used by spouses to own their Main residence to provide asset protection whilst preserving the CGT free status of the home. The "at-risk" spouse will hold the 1% interest as tenant in common.

Tribunal: means: the Consumer, Trader and Tenancy Tribunal established by the Consumer, Trader and Tenancy Tribunal Act 2001.

 Where 2 individual parties each have a or as Joint Tenants. The key difference between the two forms of ownership is the right of the survivors to the whole property. That means that in the case of a joint tenancy if one joint tenant dies, the asset automatically passes to the other joint tenant/s and is not affected by provisions in a will.

In contrast, if the asset is held by two or more parties as tenants in common then each may deal with their separate interest under their will.

There are procedures in each state for severing a joint tenancy to convert it into a holding as tenants in common.

U

unit entitlement of a lot - means: the unit entitlement of the lot shown on the schedule of unit entitlement.
utility lot - means: a lot designed to be used primarily for storage or accommodation of boats, motor vehicles or goods and not for human occupation as a residence, office, shop or the like.

unanimous resolution means: a resolution passed at a duly convened general meeting of an association without a vote being cast against it.

(2) This Act is to be interpreted as part of the Real Property Act 1900, but, if there is an inconsistency between them, this Act prevails.

(3) For the purposes of this Act, land is contiguous even if it is divided by, or separated from other land by, a natural feature, a railway, a public road, a public reserve or a drainage reserve.

(4) A reference in this Act to a development consent, a development contract, a community management statement, a precinct management statement or a neighbourhood management statement includes a reference to the consent, contract or statement as modified or amended from time to time.

(5) In this Act: (a) a reference to a function includes a reference to a power, authority and duty, and (b) a reference to the exercise of a function includes, in relation to a duty, a reference to the performance of the duty
 

V

W

wall includes a door, window or other structure dividing a lot from common property or from another lot.

X

Y

Z

Other Related Act expressions

References to certain documents to be read as references to registered documents

A reference in this Act:

(a) to a strata plan, a strata plan of subdivision, a strata plan of consolidation or a building alteration plan is a reference to a plan registered as such under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 , or

(b) to a notice of conversion is a reference to a notice registered as such under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 ,