Wednesday, September 30, 2020

Strata Schemes Management Act 2015 No 50

Part 1
Section 4

Definitions | Section 4

(1)  In this Act—

accounting records means the accounting records required to be kept by an owners corporation under section 96.
administrative fund of an owners corporation means the fund established by the owners corporation under section 73.
aggregate unit entitlement of lots in a strata scheme means the sum of the unit entitlements of the lots.

approved insurer means—

(a)  a general insurer within the meaning of the Insurance Act 1973 of the Commonwealth, or

(b)  any other person prescribed by the regulations for the purposes of this definition.

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 proposed lot, in the scheme or proposed scheme.
building management committee means a building management committee established for a building under a strata management statement for a strata scheme.
building manager—see section 66.
building manager agreement–see section 67.
by-laws means the by-laws in force for a strata scheme.
capital works fund of an owners corporation means the fund established by the owners corporation under section 74.
change a by-law—see section 133.
common property, in relation to a strata scheme or a proposed strata scheme, has the same meaning as it has in the Strata Schemes Development Act 2015.
common property rights by-law—see section 142.
community scheme has the same meaning as it has in the Community Land Development Act 1989.
company nominee of a corporation means an individual for the time being authorised under section 154 (1) by the corporation.
connected person—see section 7.
covenant chargee of a lot or development lot in a leasehold strata scheme means a covenant chargee of a leasehold estate of the lot.
damage policy—see section 160 (1).
defective building work—see section 190.

developer of the strata scheme constituted on registration of a strata plan proposed under a development scheme means the person who, for the time being, is—

(a)  the original owner of the strata scheme, or

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

development lot means a lot in a strata plan or strata plan of subdivision 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 for the contract.
development scheme means the scheme of development provided for, and represented by, a strata development contract.
financial statements means the financial statements prepared by an owners corporation in accordance with Division 3 of Part 5.
floor includes a stairway or ramp.
freehold strata scheme has the same meaning as it has in the Strata Schemes Development Act 2015.
function includes a power, authority or duty, and exercise a function includes perform a duty.
initial maintenance schedule means the schedule prepared by the original owner under section 115.

initial period of an owners corporation of a strata scheme means the period—

(a)  commencing on the day the owners corporation is constituted, and

(b)  ending on the day there are owners of lots in the strata scheme (other than the original owner) the sum of whose unit entitlements is at least one-third of the aggregate unit entitlement.

interested person—see section 226.
large strata scheme—see section 6.
leasehold strata scheme has the same meaning as it has in the Strata Schemes Development Act 2015.
lessor of a leasehold strata scheme has the same meaning as it has in the Strata Schemes Development Act 2015.

local council, in relation to land, means—

(a)  the council of the area under the Local Government Act 1993 in which the land is situated, or

(b)  a person declared by the regulations to be the local council for that land for the purposes of this Act or any specified provision of this Act.

lot, in relation to a strata scheme, has the same meaning as it has in the Strata Schemes Development Act 2015.
minor renovations—see section 110.
mortgage, in relation to a lot in a strata scheme, has the same meaning as it has in the Strata Schemes Development Act 2015.
mortgagee, in relation to a lot or development lot in a leasehold strata scheme, has the same meaning as it has in the Strata Schemes Development Act 2015.
occupier of a lot means a person in lawful occupation of the lot.
officer of an owners corporation means the chairperson, secretary or treasurer of the owners corporation.
on-site residential property manager means a real estate agent exercising on-site residential property manager functions within the meaning of the Property and Stock Agents Act 2002.

original owner

(a)  of a freehold strata scheme means the person who held the fee simple in the parcel the subject of that scheme when the strata plan for the scheme was registered, or

(b)  of a leasehold strata scheme means the person who, immediately after registration of the strata plan for the scheme, is entitled to a leasehold estate in all the lots in the scheme or is entitled to a leasehold estate in 2 or more lots in the scheme with total unit entitlements exceeding more than two-thirds of the aggregate unit entitlement of the lots in the scheme.

owner of a lot in a strata scheme means—

(a)  except as provided by paragraph (b) or (c), each person for the time being recorded in the Register as entitled to an estate in fee simple in the lot (in the case of a freehold strata scheme) or as entitled to a leasehold estate in the lot (in the case of a leasehold strata scheme), or

(b)  except as provided by paragraph (c), each person whose name is entered on the strata roll in accordance with section 178 as being entitled to an estate in fee simple in the lot (in the case of a freehold strata scheme) or as entitled to a leasehold estate in the lot (in the case of a leasehold strata scheme), or

(c)  each person who is taken by section 43 (1) of the Strata Schemes Development Act 2015 to be the owner of the lot.

owners corporation means an owners corporation constituted under section 8 for a strata scheme.

parcel means—

(a)  in relation to a strata scheme, the land from time to time comprising the lots and common property in the scheme, and

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

part strata parcel has the same meaning as it has in the Strata Schemes Development Act 2015.
person present at a meeting includes a person who is not personally present but is able to vote at the meeting by another means specified under clause 28 of Schedule 1 or clause 10 of Schedule 2.

planning approval means—

(a)  a development consent within the meaning of the Environmental Planning and Assessment Act 1979, or

(b)  an approval under Part 3A or Part 5.1 of that Act.

positive covenant means a positive covenant imposed on land under section 88D or 88E of the Conveyancing Act 1919.
precinct scheme has the same meaning as it has in the Community Land Development Act 1989.
public authority means a public or local authority that is constituted by or under an Act.
registered means registered in the office of the Registrar-General.
registrar means a registrar of the Tribunal.
retirement village has the same meaning as it has in the Retirement Villages Act 1999.
schedule of unit entitlement, in relation to a strata scheme, has the same meaning as it has in the Strata Schemes Development Act 2015.

Secretary means—

(a)  the Commissioner for Fair Trading, Department of Finance, Services and Innovation, or

(b)  if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department of Finance, Services and Innovation.

special resolution—see section 5.
strata committee of an owners corporation means the strata committee of that owners corporation established under this Act.
strata development contract has the same meaning as it has in the Strata Schemes Development Act 2015.
strata information certificate—see section 184 (1).
strata interest notice—see section 22 (1).
strata management statement has the same meaning as it has in the Strata Schemes Development Act 2015.
strata managing agent means a person appointed as the strata managing agent for a strata scheme.
strata plan has the same meaning as it has in the Strata Schemes Development Act 2015.
strata roll for a strata scheme or a former strata scheme means the strata roll for that scheme established under Division 1 of Part 10.
strata scheme means a freehold strata scheme or a leasehold strata scheme.
tenancy notice means a notice given to an owners corporation under section 258.
tenant of a lot means a lessee, sublessee or assignee of a lot, but does not include an owner of the lot.
the Register has the same meaning as it has in the Real Property Act 1900.
Tribunal means the Civil and Administrative Tribunal.
unanimous resolution—see section 5.
unfinancial owner means an owner of a lot in a strata scheme who has not paid all contributions levied on the owner that are due and payable, and any other amounts recoverable from the owner, in relation to the lot.
unit entitlement of a lot in a strata scheme means the unit entitlement of the lot shown on the schedule of unit entitlement for the strata scheme.
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.

wall includes a door, window or other structure dividing a lot—

(a)  from common property or from another lot, or

(b)  if the lot is a lot in a part strata parcel—from any part of a building that is not within the parcel.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2)  A reference in this Act to the registration of a strata plan or a strata plan of subdivision is a reference to the registration of a plan as any such plan under the Strata Schemes Development Act 2015.

(3)  This Act applies to a leasehold strata scheme in the same way as it applies to a freehold strata scheme unless otherwise specified.

(4)  Notes included in this Act do not form part of this Act.

© State of New South Wales Department of Customer Service. For current information go to www.nsw.gov.au.

Disclaimer: Reproduced from the Strata Schemes Management Act 2015 . This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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