Strata Titles Act 1985 (WA)

Western Australia

Western Australia

Strata Titles Act 1985

An Act —

to provide for the subdivision of land by strata titles schemes, the creation of strata titles and the governance and operation of strata titles schemes; and

for related purposes.

[Long title inserted: No. 30 of 2018 s. 5.]

[Heading inserted: No. 30 of 2018 s. 6.]

This Act may be cited as the Strata Titles Act 1985.

This Act shall come into operation on a day to be fixed by proclamation.

• (1)

  In this Act unless the contrary intention appears —

2, 3, 4 or 5‑lot scheme means a strata titles scheme in which there are, respectively, 2, 3, 4 or 5 lots;

address for service — see section 215;

ADI means an authorised deposit‑taking institution within the meaning given in the Banking Act 1959 (Commonwealth) section 5(1);

administrative fund — see section 100(1)(a);

administrator of a strata company means a person appointed by the Tribunal as an administrator of the strata company under section 205;

amendment of a strata titles scheme —see section 12(2);

amendment in relation to common property or a lot in a strata titles scheme — see subsection (7);

approved form — a document, evidence or information is in an approved form only if it is in the form approved under the regulations or Transfer of Land Act requirements and it complies with any requirements of the regulations or Transfer of Land Act requirements;

assistance animal has the meaning given in the Disability Discrimination Act 1992 (Commonwealth) section 9(2);

associate — 2 persons are associates if —

• (a)

  1 is the spouse or de facto spouse of the other; or

• (b)

  1 is the child or grandchild of the other; or

• (c)

  they have a parent or grandparent in common; or

• (d)

  they are partners; or

• (e)

  they are directors of the same body corporate; or

• (f)

  1 is employed by the other; or

• (g)

  1 is a body corporate and the other is a director, officer or employee of the body corporate or a person who is otherwise in a position to control or substantially influence the conduct of the body corporate; or

• (h)

  they are bodies corporate and the same person is a director of both bodies corporate;

Authority means the Western Australian Land Information Authority established by the Land Information Authority Act 2006 section 5;

building includes structure;

capital value has the meaning given in the Valuation of Land Act 1978 section 4(1);

chairperson of a general meeting of a strata company means the person presiding at the meeting;

chairperson of a strata company means the member of the council of the strata company holding office as the chairperson of the strata company;

Commissioner of Titles means the person holding or acting in the office of the Commissioner of Titles under the Transfer of…