Statutes Amendment (Strata Schemes) Act 2021 (SA)

South Australia

Statutes Amendment (Strata Schemes) Act 2021

An Act to amend the Community Titles Act 1996 and the Strata Titles Act 1988.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Statutes Amendment (Strata Schemes) Act 2021.

2Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Community Titles Act 1996

3Amendment of section 102 – Alterations and additions in relation to strata schemes

1. (1)

   Section 102(1a)—delete subsection (1a) and substitute:

   1. (1a)

      Subsection (1) does not apply to—

      1. (a)

         prescribed work carried out in compliance with a direction under section 23 of the Housing Improvement Act 1940; or

      2. (b)

         prescribed work carried out on a lot in a strata scheme consisting only of 2 lots if the work is approved development under the Planning, Development and Infrastructure Act 2016.

   2. (1b)

      Where a person carries out prescribed work referred to in subsection (1a)(b), the corporation may, by notice in writing to the owner of the lot, require the owner to carry out, within a reasonable period fixed in the notice, specified work to remedy any structural deficiency caused by the work.

2. (2)

   Section 102(2)—delete "this section" and substitute:

   subsection (1)

Part 3Amendment of Strata Titles Act 1988

4Amendment of section 29 – Alterations and additions

1. (1)

   Section 29(1a)—delete subsection (1a) and substitute:

   1. (1a)

      Subsection (1) does not apply to—

      1. (a)

         prescribed work carried out in compliance with a direction under section 23 of the Housing Improvement Act 1940; or

      2. (b)

         prescribed work carried out on a unit in a strata scheme consisting only of 2 units if the work is approved development under the Planning, Development and Infrastructure Act 2016.

   2. (1b)

      Where a person carries out prescribed work referred to in subsection (1a)(b), the strata corporation may, by notice in writing to the owner of the unit, require the owner to carry out, within a reasonable period fixed in the notice, specified work to remedy any structural deficiency caused by the work.

2. (2)

   Section 29(2)—delete "this section" and substitute:

   subsection (1)