Table Of Contents

Contents (1998 - 17)

1. Short title

2. Commencement

3. Interpretation

3A. Meaning of "common property"

Part 2 - Strata schemes

Division 1 - Division of land by strata plan

4. Division of land by strata plan

Division 2 - Requirements for registration of plan

5. Requirements for strata plan

6. Lodgment of plan for registration

7. Mortgages

8. Effect of registration

Division 3 - The common property

9. Common property

10. Ownership of common property

11. Rights and responsibilities for common property

12. Disposal of interest in common property

Division 4 - Easements, covenants and profits a prendre

13. Statutory easements

14. Creation, &c., of easements, covenants and profits a prendre

15. Commencement of easements

Division 5 - Unit entitlements

16. Unit entitlements

17. Change of unit entitlements

Division 6 - Amendment of strata plan

18. Amendment of plan

19. Application for amendment

19A. Alteration or addition of buildings

20. Acquisition of land

21. Repealed

Division 7 - Consolidation of plans

22. Consolidation of plans

23. Application for consolidation

24. How consolidation is effected

25. Effect of consolidation

Division 8 - Cancellation of plan

26. Cancellation of plan

27. Application for cancellation

28. Effect of cancellation

29. Registration of cancellation

Division 9 - Council certificate of approval

30. Requirement for council's certificate of approval

31. Application for, and grant of, certificate of approval

31AA. Requirement for staged development scheme

31A. Lot taken not to be subdivision

Division 10 - Miscellaneous

32. Reinstatement of buildings

33. Apportionment of statutory charge

Part 3 - Staged development schemes

Division 1 - Nature of staged development scheme

34. Staged development schemes

35. Form and contents of scheme

Division 2 - Approval of scheme in principle

36. Application for council approval

37. Approval of scheme in principle

Division 3 - Registration of scheme

38. Lodgment of staged development scheme

39. Commencement of scheme

Division 4 - Development rights

40. Development rights

Division 5 - Progressive development of land subject to scheme

41. Progressive development

Division 6 - Variation of scheme

42. Application for variation of scheme

43. Registration of variation

44. Variation of scheme by the Supreme Court

Division 7 - Enforcement of scheme

45. Injunction

46. Implied term in contract for sale of lot or proposed lot in staged development scheme

Division 8 - Transfer of title to land subject to registered scheme

47. Acquisition of title to land subject to registered scheme

48. Assignment of developer's interest

49. Registration of dealing

50. Effect of registration

Division 9 - Miscellaneous

50A. Lot taken not to be subdivision

Part 4 - Community development schemes

Division 1 - Nature of community development scheme

51. Community development schemes

52. Form and contents of management statement

Division 2 - Approval of scheme in principle

53. Application for approval of scheme in principle

54. Approval of scheme

Division 3 - Registration of scheme

55. Registration of community development scheme

Division 4 - Development rights

56. Development rights

Division 5 - Progressive development of land subject to scheme

57. Progressive development

Division 6 - Variation of scheme

58. Application for variation of scheme

59. Registration of variation

60. Variation of scheme by the Supreme Court

Division 7 - Enforcement of scheme

61. Injunction

62. Implied term in contract for sale of lot or proposed lot in community development scheme

63. Disposition of security

Division 8 - Transfer of title to land subject to registered scheme

64. Acquisition of title to land subject to registered scheme

65. Assignment of interest in land subject to scheme

66. Registration of dealing

67. Effect of registration

Part 5 - Names of strata and community schemes

68. Name of strata or community scheme

69. Reservation of name

70. Period of reservation

Part 6 - Bodies corporate

Division 1 - Establishment of body corporate

71. Establishment of body or bodies corporate

72. Merger and division of bodies corporate

Division 2 - Common seal

73. Common seal

Division 3 - Membership and general meetings

74. Membership of body corporate

75. General meetings of body corporate

76. Voting at general meeting

77. Voting on behalf of persons under disability

78. Voting on unanimous resolution

Division 4 - Management

79. Committee of management

80. Appointment of manager

Division 5 - Functions and duties

81. Functions of body corporate

82. Fund for meeting financial obligations

83. Contributions

84. Interest on overdue contributions

Division 6 - Miscellaneous

85. Subrogation of contractual rights

86. Repealed

87. Address for service

88. Mailbox

Division 7 - Appointment of administrator

89. Appointment of administrator

Part 7 - By-laws

Division 1 - Making of by-laws

90. Power to make by-laws

91. Limitations on by-law making power

92. Registration and commencement of changes to by-laws

93. Legal effect of by-laws

Division 2 - Exclusive use by-laws

94. Exclusive use by-laws

Division 3 - Enforcement of by-laws

95. Compliance notices

96. Enforcement by Tribunal

Division 4 - Copies of by-laws to be provided

97. Body corporate to provide copy of by-laws for inspection

Part 8 - Insurance

98. Body corporate taken to have insurable interest in certain property

99. Insurance of buildings, &c., by body corporate

100. Owner or occupier may be required to comply with requirement to ensure that insurance may be obtained on reasonable terms

101. Other insurance

102. Insurance by owner of lot

103. Default by body corporate in relation to insurance

104. Production of policies of insurance for inspection

Part 9 - Dispute resolution

Division 1 - Applications for relief

105AA. Application to certain buildings in Hobart

105. Application for relief

106. Notice of application

107. Amendment of application

Division 2 - Powers and procedures

108. Investigations

109. Power to dismiss proceedings

110. Powers to obtain information

111. Power of entry

112. Obstruction

Division 3 - Specific forms of relief

113. Orders by Recorder

114. Order in relation to common property

115. Order with respect to acquisition of personal property

116. Order to make or pursue insurance claim

117. Order varying rate of penalty interest

118. Order to supply information or documents

119. Orders in relation to animals

120. Order relating to by-laws

121. Order granting licence

122. Order making by-laws

123. Order invalidating proceedings

124. Order reallocating unit entitlements

125. Order for variation of amount or manner of payment of contributions

126. Orders regarding insurance

127. Appointment of administrator

128. Convening meeting of members of body corporate

129. Repealed

130. Order for terminating contract for services to the body corporate

131. Orders relating to new building or structural alteration or addition to lot

132. Development contemplated by staged development or community development scheme

133. Imposition of penalties

134. Repealed

Division 4 - Service and enforcement of orders

135. Copy of order to be served

136. Penalty for contravention

137. Enforcement of orders

138. Enforcement of orders for payment of money

139. Order may have effect as resolution of body corporate

Division 5 - Miscellaneous

140. Registry

141. Inquiries to Recorder

142. Recording of certain orders

143. Recorder may determine questions relating to title to land

Part 10 - Appeals

144. Right of appeal

145. Stay of operation of order

146. Repealed

147. Appeal under Tasmanian Civil and Administrative Tribunal Act 2020

Part 11 - Miscellaneous

148. Protection of the Recorder

149. Certificates issued by body corporate

150. Action to be taken by the Recorder for registration, &c., of documents

151. General provision about use of lots

152. Rights and remedies conferred by this Act to be in addition to those existing apart from this Act

153. Easements not affected by unity of seisin

154. Service, &c., of notices

155. Service on body corporate

156. Service on owners of lots

157. Powers of entry in certain cases

158. Power of entry by public or local authority

158A. Prescribed fees

158B. Validation

159. Regulations

160. Transitional provisions

160A. Transitional matters arising under the Building and Construction (Regulatory Reform Amendments) Act (No. 2) 2020

161. Administration of Act

162. Consequential amendments

Schedule 1 - Model by-laws

Schedule 1A - Prescribed fees

Schedule 2 - Transitional provisions

Schedule 3 - Consequential Amendments

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Strata Titles Act 1998

Version current from 5 November 2021 to date (accessed 16 April 2025 at 10:20)

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Version current from 5 November 2021 to date (accessed 16 April 2025 at 10:20)

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