Strata Titles Act 1988 (SA)

South Australia Strata Titles Act 1988 An Act to provide for the division of land by strata plan; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 This Act and the Real Property Act to be read together as a single Act Part 2—Division of land by strata plan Division 1—The strata plan 5 Nature of strata plan and requirements with which it must conform 6 Unit entitlement Division 3—Proprietary incidents arising from deposit of strata plan 9 Easements 10 Common property 11 Vesting of public land in the council Division 4—Amendment of deposited strata plan 12 Application for amendment 12A Application may deal with statutory encumbrances 13 Amendment by order of ERD Court Division 6—Amalgamation 16 Amalgamation of adjacent sites Division 7—Cancellation of strata plan 17 Cancellation Division 7A—Division of site under Part 19AB 17AAA Application for division Division 8—Supplementary 17A Procedure where the whereabouts of certain persons is unknown 17B Creation of easements Part 3—The strata corporation Division 1—Constitution of strata corporation 18 Name of strata corporation 19 Articles of strata corporation 19A Certain articles may be struck out by Court 20 Binding character of the articles 21 Unit holders are guarantors of strata corporation's liabilities 22 Restriction of payment by strata corporation to its members 23 Officers of strata corporation 24 Contractual formalities Division 2—General functions, powers and duties 25 Functions 26 General powers 26A Delegation of functions or powers 27 Power to raise money Division 2A—Delegations by strata corporation 27A Delegation of corporation's functions and powers 27B Body corporate managers 27C General duties 27D Offences Division 3—Special powers of strata corporation to maintain the integrity of the strata scheme 28 Power to enforce duties of maintenance and repair 29 Alterations and additions Division 4—Duty to insure 29A Application of Division 30 Duty to insure 31 Other insurance by strata corporation 32 Right of unit holders etc to satisfy themselves as to insurance Division 5—General meetings 33 Holding of general meetings 33A Statement of expenditure etc 34 Voting at general meetings 34A Duty to disclose interest Division 6—Management committee 35 Management committee 36 Validity of acts Division 6A—Agents' trust accounts 36A Application of Division 36B Interpretation 36C Trust money to be deposited in trust account 36D Withdrawal of money from trust account 36E Authorised trust accounts 36F Application of interest 36G Keeping of records 36H Audit of trust accounts 36I Obtaining information for purposes of audit or examination 36J ADIs etc to report deficiencies in trust accounts 36K Confidentiality 36L ADIs etc not affected by notice of trust Division 7—Appointment of administrator 37 Administrator of strata corporation's affairs Division 8—Supplementary 38 Duties of the original proprietor in relation to strata corporation 39 Power to require handing over of property 39A Register of unit holders 40 Record keeping 41 Information to be furnished Part 3A—Resolution of disputes 41AA Persons who may apply for relief 41A Resolution of disputes etc Part 4—Miscellaneous 42 Unit holder's power of entry 43 Insurance by unit holder 44 Dealing with part of unit 44A Body corporate may act as officer etc 45 Persons under disability etc 46 Relief where unanimous resolution required 47 General defence 48 Applications etc 48A Applications to Magistrates Court 49 Service 50 Proceedings for offences 50A Indemnity fund under Land Agents Act 1994 50B Review of operation of Act 51 Regulations Schedule 2—Transitional provisions 1 Interpretation 2 Existing plans 3 Strata corporations 4 Continuation and completion of proceedings under the repealed provisions 6 Application of Acts Schedule 3—Articles of strata corporation Legislative history Appendix—Divisional penalties and expiation fees