Commerce Regulations Amendment (Community Titles) Regulations 2021 (WA)
18 June 2021 GOVERNMENT GAZETTE, WA 2463 LAN DS
LA301
Electricity Act 1945
Fair Trading Act 2010
Plumbers Licensing Act 1995
Real Estate and Business Agents Act 1978
Residential Tenancies Act 1987 Retirement Villages Act 1992 Settlement Agents Act 1981
Commerce Regulations Amendment (Community Titles) Regulations 2021
(Community Titles) Regulations 2021.
SL 2021/71
Made by the Governor in Executive Council.
Part 1 — Preliminary
1. Citation
These regulations are the Commerce Regulations Amendment
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2. Commencement
These regulations come into operation as follows -
(a)
Part 1 - on the day on which these regulations are published in the Gazette;
(b)
the rest of the regulations - on the day on which the Community Titles Act 2018 section 187 comes into operation.
Part 2 Electricity Regulations 1947 amended
3. Regulations amended
This Part amends the Electricity Regulations 1947.4. Regulation 12 amended
In regulation 12 in the definition of common property after paragraph (a) insert:
(aa) if the premises are part of a community titles
Community Titles
scheme as defined in the property as defined in that section; or
Part 3 Fair Trading (Retirement Villages Interim
Code) Regulations 2021 amended5. Regulations amended
This Part amends the Fair Trading (Retirement Villages Interim
Code) Regulations 2021.6. Schedule 1 clause 14 amended
In Schedule 1 clause 14(1) in the definition of reserve fund:
(a)
in paragraph (b) delete "that Act;" and insert: section 100(2)(a) of that Act; and
(b) after paragraph (b) insert:
(c)
if the village is comprised in a scheme plan for a community titles scheme registered under the
Community Titles Act 2018, includes the reserve
fund established by the community corporation for the community titles scheme under section 85(1)(b) of that Act;
18 June 2021 GOVERNMENT GAZETTE, WA 2465 7. Schedule 1 clause 26 amended
(1) In Schedule 1 clause 26(13):
(a) in paragraph (b) delete "2015." and insert: 2015; or
(b) after paragraph (b) insert:
(c) Community Titles a meeting held under the scheme plan for a community titles scheme registered under that Act.
Note:
1. The 1st boxed and shaded paragraph after the heading to Schedule 1 strata title, community title or
2. The 1st boxed and shaded paragraph after Schedule 1 clause 5(3)is to titles under the
be altered by deleting 'also apply." and inserting:Community Titles Act 2018 then the provisions of that Act and any relevant by-laws apply.
Part 4— Plumbers Licensing and Plumbing Standards
Regulations 2000 amended
8. Regulations amended
This Part amends the Plumbers Licensing and Plumbing
Standards Regulations 2000.9. Regulation 55 amended
In regulation 55 delete the definition of proposed scheme plan
and insert: proposed scheme plan, in relation to land, means -
(a) a scheme plan proposed to be registered for a survey-strata scheme (as defined in the Strata Titles Act 1985 section 9) under the Strata Titles Act 1985; or
(b) a scheme plan proposed to be registered for a community titles (land) scheme (as defined in the Community Titles Act 2018 section 11 (8)) under the Community Titles Act 2018;
10. Regulation 59 amended
In regulation 59(1)(b) and (c) delete "the proposed scheme plan for the land shows that".
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Part 5— Real Estate and Business Agents (General)
Regulations 1979 amended
11. Regulations amended
This Part amends the Real Estate and Business Agents
(General) Regulations 1979.12. Schedule 1A amended
(1) In Schedule 1A after item 6 insert:
6A. Community titles management
(2) In Schedule IA delete items 11 and 12 and insert: 11. Legislation regulating the carrying on of business as an agent in Western Australia
12. Managing agency risk
Part 6— Residential Tenancies Regulations 1989
amended
13. Regulations amended
This Part amends the Residential Tenancies Regulations 1989.
14. Regulation 12B amended
Delete regulation 1 2B(7) and insert:
(7) Subregulation (6) does not apply to the following
residential premises - (a)
if the strata company relating to the premises provides and maintains adequate lighting, outside of daylight hours, to the main entry to the premises - residential premises to which the provisions of the Strata Titles Act 1985 apply;
(b)
if the community corporation for the community titles scheme relevant to the premises provides and maintains adequate lighting, outside of daylight hours, to the main entry to the premises - residential premises to which the provisions of the Community Titles Act 2018 apply.
18 June 2021 GOVERNMENT GAZETTE, WA 2467 15. Schedule 4 Form 1AA amended
In Schedule 4 Form 1AA:
(a) in Part A delete "by-laws are attached:" and insert: by-laws is attached:
(b) in Part A before the heading "PETS" insert: SCHEME BY-LAWS FOR A COMMUNITY TITLES SCHEME
belongs, community titles scheme, scheme by-laws, tier 2 scheme and
tier 3 scheme have the meanings given in the Community Titles
Act 2018 section 3(1).Scheme by-laws for a community titles scheme ARE/ARE NOT* (* delete as appropriate) applicable to the residential premises. A
copy of the scheme by-laws is attached.
Yes 0/No 0If scheme by-laws for a community titles scheme are applicable to the residential premises, and the premises is in a tier 2 scheme or a tier 3 scheme, the scheme by-laws to be attached must include the scheme by-laws for a community titles scheme to which that tier 2 scheme or tier 3 scheme belongs.
(c) in Part B clause 9 delete "The lessor is responsible for any contribution levied under the Strata Titles Act 1985 and any contribution levied on an owner under the Strata Titles Act 1985.";
(d) after Part B clause 9 insert: 9A. The lessor is responsible for any of the following contributions
in respect of the premises:
9A. 1 section 3(1)) imposed on the owner of the premises contributions (as defined in the Strata Titles Act 1985
under the Strata Titles Act 1985 section 100;
9A.2 contributions (as defined in the Community Titles
Act 2018 section 3(1)) determined by a community
corporation as the amount it requires from the owner
of the premises (as a member of the community
corporation) under the Community Titles Act 2018
section 88.(e) in Part B clause 33B.4 delete "by-laws; and" and insert: by-laws or scheme by-laws for a community titles scheme;
and
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16. Schedule 4 Form lAB amended
In Schedule 4 Form lAB:
(a) in Part A delete "by-laws are attached." and insert: by-laws is attached.
(b) in Part A before the heading "PETS" insert: SCHEME BY-LAWS FOR A COMMUNITY TITLES SCHEME
belongs, community titles scheme, scheme by-laws, tier 2 scheme and
tier 3 scheme have the meanings given in the Community Titles
Act 2018 section 3(1).Scheme by-laws for a community titles scheme ARE/ARE NOT* (* delete as appropriate) applicable to the residential premises. A
copy of the scheme by-laws is attached.
Yes 0/No 0If scheme by-laws for a community titles scheme are applicable to the residential premises, and the premises is in a tier 2 scheme or a tier 3 scheme, the scheme by-laws to be attached must include the scheme by-laws for a community titles scheme to which that tier 2 scheme or tier 3 scheme belongs.
(c)
contribution levied under the Strata Titles Act 1985 and any
in Part B clause 11 delete "The lessor is responsible for any Act 1985.";
(d) after Part B clause 11 insert: 11 A. The lessor is responsible for any of the following contributions
in respect of the premises:
11A.1 contributions (as defined in the Strata Titles Act 1985
section 3(1)) imposed on the owner of the premises under the Strata Titles Act 1985 section 100;
1 1A.2 contributions (as defined in the Community Titles
Act 2018 section 3(1)) determined by a community corporation as the amount it requires from the owner of the premises (as a member of the community corporation) under the Community Titles Act 2018 section 88.
(e) in Part B clause 3513.4 delete "by-laws; and" and insert: by-laws or scheme by-laws for a community titles scheme;
and
18 June 2021 GOVERNMENT GAZETTE, WA 2469 17. Schedule 4 Form lAD amended
In Schedule 4 Form lAD:
(a)
contribution levied under the Strata Titles Act 1985 and any
in clause 8 delete "The lessor is responsible for any Act 1985.";
(b) after clause 8 insert:
8A. The lessor is responsible for any of the following contributions
in respect of the premises:
8A. 1 contributions (as defined in the Strata Titles Act 1985
section 3(1)) imposed on the owner of the premises
under the Strata Titles Act 1985 section 100;8A.2 contributions (as defined in the Community Titles
Act 2018 section 3(1)) determined by a community
corporation as the amount it requires from the owner
of the premises (as a member of the community
corporation) under the Community Titles Act 2018
section 88.
(c) in clause 3213.4 delete "by-laws; and" and insert: by-laws or scheme by-laws for a community titles scheme;
and
Part 7 Retirement Villages Regulations 1992
amended
18. Regulations amended
This Part amends the Retirement Villages Regulations 1992.
19. Regulation 6 amended
(1) In regulation 6(1):
(a) in paragraph (d)(ii) delete "section 107(1)." and insert: section 107(1);
(b) after paragraph (d) insert:
(e) if the residence contract relates to premises that
are comprised in a scheme plan for a
community titles scheme registered under theCommunity Titles Act 2018—
(i) a copy of the scheme by-laws for the
community titles scheme; and
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(ii) if the community titles scheme is a tier 2 scheme or a tier 3 scheme - a copy of the scheme by-laws for a community titles scheme to which that tier 2 scheme or tier 3 scheme belongs; and
(iii) Community Titles Act 2018
section 94(1), to the communityan authority to apply, under the community titles scheme; and
(iv)
scheme or a tier 3 scheme - an
authority to apply, under the Community
Titles Act 2018 section 94(1), to a
community corporation for aif the community titles scheme is a tier 2 tier 2 scheme or tier 3 scheme belongs.
Note for this paragraph:
Under paragraph (e)(ii), if the community titles scheme
applicable to the residential premises is a tier 2 scheme or a
tier 3 scheme, the scheme by-laws of the community titles
scheme or schemes to which it belongs must also be given
by the owner to the person entering into the residence
contract in accordance with the Retirement VillagesAct 1992 section 13(2).
2. The Community Titles Act 2018 section 94 allows a person
with a proper interest in information about a community
titles scheme, or a person authorised in writing by such a
person, to apply to the community corporation for the
community titles scheme to obtain or inspect particular
information, materials or documents. Under
paragraphs (e)(iii) and (iv), the authority to apply under the
Community Titles Act 2018 section 94 must be given by the
owner (as the person with a proper interest in information
about a community titles scheme) to the person entering
into the residence contract in accordance with the
Retirement Villages Act 1992 section 13(2).
(2) After regulation 6(2) insert:
(3) In subregulation (1)(e), each of the following terms has
the meaning given in the Community Titles Act 2018
section 3(1)—
belongs
community corporation
community titles scheme
scheme b'-laws
scheme plan
tier 2 scheme
tier 3 scheme
18 June 2021 GOVERNMENT GAZETTE, WA 2471 20. Regulation 7A amended
In regulation 7A(1) in the Table item 7:
(a) in paragraph (c) delete "village." and insert: village;
(b) after paragraph (c) insert:
(d)
as the owner of the premises in a community titles (building) scheme or a community titles (land) scheme (as defined in the Community
Titles Act 2018 section 3(1)).
21. Regulation 7H amended
In regulation 7H(3) delete "1985." and insert:
1985 or the Community Titles Act 2018.
22. Schedule 1 Form 1 amended
(1) In Schedule 1 Form 1 item 3B after "El Strata title (owner
resident)" insert:
LI Community title (owner resident)
(2) In Schedule 1 Form 1 item 513:
(a) delete "[strata title/purple title]" and insert:
[strata title/community title/purple title]
(b) delete "strata title levy adjustments," and insert: strata title contribution adjustments, community title
certflcate fees, community title contribution adjustments,
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(3) Delete Schedule 1 Form 1 item 6D and insert: D This item only applies to strata titled or community titled villages.
Are there If there is a contribution for the lot contributions (as containing the residential premises: defined in the Strata
Titles Act 1985 The current contributions for the lot section 3(1) or the containing the residential premises are per Community Titles [week/fortnight/month/quarter] $
Act 2018 section 3(1)
(as the case The contributions are: requires)) payable by
LI incorporated as a separate item in the the owner of the lot containing the recurrent charges to be paid by the residential premises? resident
LI charged to the resident separately
EJ Yes from the recurrent charges
LI No Do communal If the communal amenities do not form part amenities form part of the common property in the village, state of the common who owns the lots containing those property in the amenities: village such that they are managed by a The communal amenities are on lots owned strata company or a by: community
LI the administering body corporation?
LI a third party LI Yes Residents pay contributions in relation to
LI No the lots containing the communal amenities
through:
LI an item in the recurrent charges LI an amount that is charged separately
LI an amount that is included in the
recurrent charges at item 6A
(4) In Schedule 1 Form 1 item 7D:
(a) delete "Reserve fund" and insert: Administrative or reserve fund
(b) delete "a reserve/sinking find?" and insert: an administrative fund or a reserve fund?
18 June 2021 GOVERNMENT GAZETTE, WA 2473
(c) delete the passage that begins with "If the village" and ends with "Act 1985:" and insert: If the residential premises is comprised in a scheme plan payable in respect of an administrative fund or reserve fund under the Strata Titles Act 1985 or the Community Titles Act 2018:
registered under the Strata Titles Act 1985 or the Community
Titles Act 2018, information about an exit fee under the
Part 8 Settlement Agents Regulations 1982 amended 23. Regulations amended
This Part amends the Settlement Agents Regulations 1982.
24. Schedule 1A amended
In Schedule 1 A after item 18 insert:19. Community title settlements
25. Schedule 3 amended
(1) After Schedule 3 Part A item 2 insert:
3. "Contract for Sale of Community Title Property by Offer and
Acceptance" incorporating the "1994 Joint Form of General
Conditions for the Sale of Land", as adopted jointly by the Law
Society of Western Australia (Inc) and the Real Estate Institute
of Western Australia (Inc) and approved by the Settlement
Agents Association (Inc) and the Associated Settlement Agents
of Western Australia (Inc).
(2) In Schedule 3 Part B item 5:
(a) in paragraph (j) delete "1985?" and insert: 1985;
(b) after paragraph (j) insert:
(k) Community Titles Act 2018?
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(3) At the end of Schedule 3 Part C insert:
3. Under or for the purposes of the Community Titles Act 2018 the
following documents, subject to the condition that a licensee
shall not draft a resolution of a community corporation under or
for the purposes of that Act -
(a) documents in the forms approved under the following
provisions of that Act:
Provision Description of document and purpose s. 35(2)
Scheme notice, or an amendment of a scheme notice, for a community titles scheme
s. 40(5) Notice of a proposed resolution for an
amendment of a scheme plans.43(6) s. 50(2)
Scheme by-laws
Application for registration of a community titles scheme or an amendment of a community titles
scheme and accompanying documents
in approved formss. 14 1(6) Notice to Registrar of Titles from tier 1
corporation of receipt of outline of a
termination proposals. 145(5)
Notice to Registrar of Titles from tier 1 corporation of receipt of a full proposal
s. 149(10)(a) Notice to Registrar of Titles from tier 1
corporation that a termination
resolution is passeds. 150(7) Notice to Registrar of Titles from tier I
corporation of application to the State
Administrative Tribunal
s. 150(24)(a) Notice to Registrar of Titles of State Administrative Tribunal decision s. 153(5) Application by proponent for
termination of a community titles
scheme and accompanying documents
in approved formss. 156(3) Notice to Registrar of Titles from tier 1
corporation of withdrawal of a
termination proposals. 157(2)(a) Notice to Registrar of Titles from tier 1
corporation that the termination
proposal cannot proceed furthers. 161(l) Application for termination of each
community titles scheme in a
community scheme by person who
owns all lots in the community scheme
18 June 2021 GOVERNMENT GAZETTE, WA 2475 Provision Description of document and purpose
s. 178 Application for registration of the
termination or amendment of a
community titles scheme to give effectto compulsory acquisition
(b) a disposition statement under section 185 of that Act in the form approved under the Community Titles Regulations 2021;
(c)
an application to register or record the most recent consolidated version of a community development statement that incorporates an approved amendment of
the community development statement in the form
approved under the Community Titles Regulations 2021
regulation 18(3)(b).
N. HAGLEY, Clerk of the Executive Council.
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