VICTORIA. ANNO SEXTO DECIMO ELIZABETHS SECUNDS REGINS. No

Transcription

1 VICTORIA. ANNO SEXTO DECIMO ELIZABETHS SECUNDS REGINS No An Act to facilitate the Subdivision of Land in Strata, the Issue of Titles to Units shown on Plans of Strata Subdivision, and the Administration of Land Subdivided in Strata, and for other purposes. [nth March, 1967.] E it enacted by the Queen's Most Excellent Majesty by and B with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say): 1. (1) This Act may be cited as the Strata Titles Act short utie, ^^ commencenient and division (2) The several provisions of this Act shall come into operation '"' '^'^ on a day or the respective days to be fixed by proclamation or successive proclamations of the Governor in Coimcil pubhshed in the Government Gazette. (3) This Act is divided into Parts as follows : Part I. ^Plans of Strata Subdivision and of Redevelopment ss Part IL Registration of Plans of Strata Subdivision ss Part IIL ^Approval of Plans of Redevelopment s. 34. Part

2 Strata Titles. No Part IV. Conversion of Existing Schemes of Building Subdivision ss Part V. General ss Part VI. ^Amendments of the Co-operative Housing Societies Act 1958, the Local Government Act 1958, the Transfer of Land Act 1958 and the Trustee Act 1958 ss Application of Transfer cf Land Act 19S8. Interpretations. **Adniinis* trator." "Arbitrator.' "Body corporate.' ' By-laws.' "Conunittee.' " Common prbperty." 'Council." 'Land.' ' Member." Parcel." 2. (1) Except insofar as they are inconsistent with this Act and the regulations the provisions of the Transfer of Land Act 1958 and au statutory rules and regulations made thereunder shall apply to this Act in all respects as if this Act formed part of and was read as one with that Act. (2) The provisions of sections 97, 98, 98A, 98B and 98c of the Transfer of Land Act 1958 shall not apply to Parts II. III. and rv. of this Act. 3. In this Act unless inconsistent with the context or subject-matter "Administrator " means an administrator appointed pursuant to the provisions of this Act. "Arbitrator " means a person appointed by the Governor in Coimcil to be an arbitrator for the purposes of the Sale of Land Act " Body corporate" means body corporate incorporated under the provisions of this Act. " By-laws " means by-laws for the time being in force under the provisions of this Act. " Committee" means the governing body of the body corporate constituted under the by-laws. " Common property " means so much of the land for the time being as is described by legend or otherwise as common property on a plan of strata subdivision or on a registered plan. " Council" means in relation to any land the council of the municipality in the municipal district of which the land is situated. " Land " means land under the operation of the Transfer of Land Act 1958 held for an estate in fee simple. " Member " means member of a body corporate. " Parcel" means the land comprised in a strata subdivision. 'Proxy"

3 1967. Strata Titles. No "Proxy" means a person appointed in writing under the "vniy." hand of the appointor or of his duly authorized attorney to exercise either on a particular occasion or generally any power of voting exercisable by the appointor under this Act or the by-laws. " Redevelopment" means " Redevelopment. (a) the subdivision by sale transfer or partition into two or more new units (whether or not any new unit is on the same level as any other new unit) of (i) a unit or units on a registered plan ; or (ii) a unit or units on a registered plan and a stratum or strata formerly part of common property in the strata subdivision ; or {b) an enlargement of a unit on a registered plan by the inclusion therein of a stratum or strata which immediately touches upon that imit and was formerly part of common property in the strata subdivision and " redevelop " has a corresponding meaning. " Registered plan" means a plan of strata subdivision " Registered registered under Part II. or under Part IV. of this Act "'"" ' or where a plan of strata subdivision so registered has been amended pursuant to Part III. of this Act or otherwise in accordance with this Act, means the plan as so amended. " Regulations" means regulations made pursuant to the Reguiauou.- provisions of this Act. " Sale " includes an agreement for sale an offer to sell and saie.- the giving of an option to purchase any property ; and " sell" and " sells " have corresponding meanings. " Site " means the ground surface of the land comprised site." jn a strata subdivision. " Strata subdivision " means a subdivision of land by sale j *j[?,'?ig.. transfer or partition into two or more units or into two or more units and common property whether or not any unit is on the same level as any other unit ; and '* subdivide in strata " has a corresponding meaiiing /67. 7 "Stratum"

4 Strata Titles. No ' Stratum." " Unanimous resolution." ' Unit." Unit entitlement." " Unit liability.' "Stratum" means a part of land consisting of a space of any shape below, on, or above the surface of the land, or partly below and partly above the surface of the. land, all the dimensions of which are limited ; and " Strata " is the plural of " Stratum ". " Unanimous resolution " means a resolution unanimously passed at a duly convened meeting of the body corporate at which all persons entitled to exercise a power of voting under this Act or the by-laws are present personally or by proxy at the time of the motion. " Unit" means a stratum which is shown as a unit on a plan of strata subdivision or on a registered plan and includes a unit specified as an accessory unit on any such plan ; and "Accessory unit " means a unit intended for separate ownership and use with any other unit or units as a garden, garage, car parking space, storage space, swimming pool, laundry, stairway or passage, utility space or for any other like purpose or partly for one and partly for any otheir hke purpose. " Unit entitlement" means the unit entitlement of a unit from time to time specified in the schedule of unit entitlement on a plan of strata subdivision or on a registered plan. " Unit liability" means the unit hability of a unit from time to time specified in the schedule of unit liability on a plan of strata subdivision or on a registered plan. Notice to be given by person intending to subdivide in strata or redevelop. Third Schedule. Certain provisions of Local Government Act 1958 not to apply to strata subdivision or redevelopment. PART I. PLANS OF STRATA SUBDIVISION AND OF REDEVELOPMENT. 4. (1) Where any person intends to subdivide in strata any land within the meaning of this Act or to effect a redevelopment he shall id) give to the council a notice in or to the effect of the appropriate form in the Third Schedule specifying the purpose for which each unit new unit or enlarged unit is designed to be owned and used and such other particulars as are required to be specified by the said Schedule ; and (6) submit to the council a plan of the strata subdivision or the redevelopment and as many copies thereof as the council reasonably requires. (2) Except as hereinafter provided, subdivision (3) of Division 9 of Part XIX. of the Local Government Act 1958 shall not apply to any strata subdivision of land within the meaning of this Act or to any redevelopment. (3) In

5 1967. Strata Titles. No (3) In the case of any strata subdivision of land in respect of fo'nspg which a notice of intention to subdivide land has been given before ^[."J^^^ijion^ the commencement of this section to the council under subdivision ^"'^"^^"j^ '^^^^ (3) of Division 9 of Part XIX. of the Local Government lucal"^'^ A * mc-o Government Act Act before commencement (a) this Part shall not apply ; and (b) subdivision (3) of Division 9 of Part XIX. of the Local Government Act 1958 shall continue to apply. f ""s section. 5. (1) A plan of strata subdivision shall Preparation of ^ ' ^ of plans. (a) be made by or under the personal supervision of a licensed surveyor and shall comply with this Act the Land Surveyors Act 1958 and any regulations made under those Acts ; and (b) bear a statement containing such particulars as may be necessary to identify the parcel and the certificate of title thereto ; (c) delineate the external boundaries of the site and the location in relation thereto at ground level of all buildings in the parcel; (d) define the boundaries of the units ; (e) show all units marked vwth numbers and describe the common property by legend or otherwise : Provided that in the case of a plan intended to be lodged with the Registrar for approval pursuant to section 97 of the Transfer of Land Act 1958, common property may also be marked with a number ; (/) bear a legend specifying which units are accessory units ; (g) in the case of a plan of strata subdivision intended to be lodged for registration under Part II. of this Act, have endorsed thereon (i) the postal address of the buildings erected in the parcel ; (ii) an address of the body corporate for service of documents within the meaning of section 32; (iii) a schedule of unit entitlement complying vwth the provisions of sub-paragraph (a) of sub-section (1) of section 10 ; and (iv) a schedule of unit liability complying with the provisibns of sub-paragraph (b) of sub-section (1) of section 10. (2) A plan

6 Strata Titles. No Plan of redevelopment. Limit or error in making measurement!. Common boundaries. Sealing by municipality. (2) A plan of redevelopment shall (a) be made by or under the personal supervision of a licensed surveyor and shall comply with this Act, the Land Surveyors Act 1958, and any regulation made xmder those Acts ; (b) define the boundaries of the new units or the enlarged unit; (c) show all new units and any enlarged xmit marked with numbers not already used on the plan of strata subdivision ; (d) bear a legend specifying which of the new units are accessory units ; (e) in the case of a subdivision into two or more new imits, have endorsed thereon a schedule apportioning among the new units the unit entitlement aind unit liability of the former imit or units included in the redevelopment. (3) In making measurements (a) in the case of a plan of strata subdivision, to determine the boundaries of the units and the location of buildings in relation to the external boundaries of the site ; or (b) in the case of a plan of redevelopment, to determine any boxmdaries a limit of error not exceeding that prescribed by regulations under the Land Surveyors Act 1958 shall be allowable. (4) Unless the plan of a strata subdivision or of a redevelopment otherwise provides, the common boundary or part of the common boundary of a unit with another unit or with common property shall, where such boundary or part thereof lies along or within a wall, fence, floor or ceiung be the median of such wall, fence, floor or ceiling as the case may be. 6. (1) Within seventy days after a plan of strata subdivision or of redevelopment is submitted to the council it shall subject to the provisions of sub-sections (2) and (3), cause the plan to be sealed with the seal of the municipahty and endorsed with a statement that it has been sealed pursuant to this sub-section or serve on the person who submitted the plan notice in writing of its refusal to seal the plan and of its reasons for such refusal. (2) The council shall refuse to cause a plan to be sealed under sub-section (1) unless (a) it is satisfied that each unit new unit or enlarged unit as the case may be (other than an accessory unit), contains within its boundaries a. building or part of a building

7 1967. Strata Titles. No a building which is suitable for the purpose of being separately owned and used as a residence or office, or for carrying on any art industry business or profession or other similar pursuit or partly for one and partly for another or other of such purposes being the purpose or purposes specified in the notice given under sub-section (1) of section 4 ; and {b) it is satisfied that (i) the parcel and every building in the parcel or (as the case may be) each new unit or enlarged unit complies with the requirements of the Health Act 1958 the Local Government Act 1958 the Town and Country Planning Act 1961 this Act and any regulations Orders in Coimcil proclamations by-laws planning schemes interim development orders permits orders and other like instruments made under the said Acts ; and (ii) the separate ownership and use of each unit or (as the case may be) each new unit or enlarged unit for the purpose or purposes specified in the notice given under sub-section (1) of section 4 will comply with those requirements. (3) Where the council is satisfied that any unit on a plan is designed to be owned and used as a residence, the council may require the person intending to subdivide to pay to the council or give to the council security to its satisfaction for an amount not greater than one-twentieth part of the sum which bears the same relation to the unimproved value of the parcel as the total of the areas of units (other than accessory units) which the coimcil is satisfied are designed to be owned and used as residences bears to the total of the areas of all the units (other than accessory units) on the plan, and if ihe owner of the land does not comply with the request the coimcil may refuse to cause the plan to be sealed. (4) For the purposes of sub-section (3) the unimproved value of the parcel shall be (a) where the parcel has been valued separately under the Local Government Act 1958 and the valuation is of unimproved capital values ^the unimproved capital value shown in respect of the parcel ; or {b) in any other case a sum agreed upon between the person intending to subdivide and the council, or in default of agreement, the unimproved capital value of the site determined on a valuation made by a person qualified to make valuations for the municipality under Part XI. of the Local Government Act 1958 (which valuation shall be deemed to be a valuation

8 ^ Strata Titles. No %ta\f valuation made under the said Part and to give rise to a right of appeal under Part III. of the Valuation of Land Act 1960 accordingly). (5) Any amount paid to the council under sub-section (3) shall be paid by the council into an account which shall be deemed to be a special account for places of resort and recreation kept by the council under subdivision (3) of Division 9 of Part XIX. of the Local Government Act (6) The council may refuse to cause a plan to be sealed under sub-section (1) if in its opinion for any sufficient reason to be stated by it in writing it is not in the public interest that the plan should be sealed. (^) If ^^y person having given notice to the council pursuant to sub-section (1) of section 4 is aggrieved by the refusal of the council to cause the plan to be sealed or by its failure to cause the plan to be sealed within seventy days of its having been submitted to it that person may appeal to an arbitrator and the provisions of section 570 of the Local Government Act 1958 shall, with such modifications as the case may require, extend to and in respect of such appeal and any order made by the arbitrator thereon. so"dbe"fore'pian "^^ (0 No pcrson shall scu a unit before the relevant plan of approved or Strata subdivision has been approved by the Registrar pursuant except in certam to section 97 of the Transfer of Land Act 1958 or has been registered """"" under Part II. of this Act unless the contract provides that the deposit and all other monies payable by the purchaser are to be paid to a solicitor or to a licensed estate agent who shall be named or specified in the contract to be held by the solicitor or licensed estate agent on trust for the purchaser until the plan has been so approved or registered. (2) The deposit and all other monies payable by the purchaser prior to the approval or registration of the plan under any such contract shall be paid to the solicitor or licensed estate agent named or specified as aforesaid. circumstances. (3) Where there has been any contravention of sub-section (1) or sub-section (2) the purchaser may at any time before the relevant plan of a strata subdivision has been so approved or registered avoid the sale. (4) If the relevant plan of strata subdivision is not so approved or registered within six months after any such sale the purchaser may at any time after the expiration of the said period of six months but before the plan is so approved or registered avoid the sale. (5) Where a purchaser avoids a sale pursuant to this section all monies (including the deposit) shall be recoverable by him from the solicitor or licensed estate agent or other person to whom they

9 1967. Strata Titles. No they were paid : Provided that the purchaser shall be liable to pay an occupation rent for the period, if any, during which he was in actual occupation of the unit or entitled to the receipt of the rents and profits thereof. (6) Nothing in this section shall be construed as authorizing any sale unless at the date of the sale the parcel or intended parcel is under the operation of the Transfer of Land Act (7) Until a plan of a strata subdivision has been approved under section 97 of the Transfer of Land Act 1958 or has been registered under Part II. of this Act the Registrar shall not enter in the Register Book any memorandum giving effect to any dealing with a unit and may refuse to accept for lodgment any instrument giving effect to any dealing with a unit. (8) Until the Registrar has approved a plan of redevelopment pursuant to Part III. the preceding provisions of this section shall apply with such modifications as may be necessary and for that purpose approval by the Registrar pursuant to Part III. of this Act shall be substituted for approval under section 97 of the Transfer of Land Act 1958 or registration under Part II. of this Act, as the case may be. 8. Any person who demises, sells, transfers or mortgages an Dealing with accessory unit or any interest therein except where the demise, sale, SSS'"'^ transfer or mortgage is made or has effect as part of or in ijj,'o'ff" 'Sl"' conjunction with a demise, sale, transfer or mortgage of a unit or any interest in a unit (other than an accessory unit), or is made with the lessee, purchaser, proprietor or mortgagee of a unit or any interest in a unit (other than an accessory unit) shall be guilty of an offence against this Act and be liable to a penalty of not more than $400. PART II. REGISTRATION OF PLANS OF STRATA SUBDIVISION. 9. A proprietor may lodge a plan of strata subdivision with the Requirements _. '^ "^. / 1, -n 1 I T 'or registration Registrar for registration under this Part, but the Registrar shall of pian of not register any such plan unless subdivision. (a) it has been sealed with the seal of the municipality pursuant to sub-section (1) of section 6 or has been confirmed by an arbitrator ; (b) the applicant is registered as the sole proprietor of an estate in fee simple in the parcel or where there are more applicants than one the applicants are registered as proprietors of an estate in fee simple in the parcel as joint proprietors or as tenants in common ; (c) the issue of a separate certificate of title to the parcel would not constitute a subdivision within the meaning of the Local Government Act 1958 ; id) the

10 ^ Strata Titles. No {d) the registered proprietor of any mortgage or charge affecting the parcel or any part thereof and every caveator who claims any estate or interest in the parcel or any part thereof whose caveat was lodged with the Registrar before lodgment of the plan has consented in writing to the registration of the plan of strata subdivision ;. and (e) the plan of strata subdivision otherwise complies with the provisions of this Act. rauuement and unit liability. ^^' ^^^ Evcry plan of strata subdivision lodged for registration under this Part shall have endorsed on it (a) a schedule of unit entitlement specifying in whole numbers a unit entitlement for each unit and the total unit entitlement of all units; and {b) a schedule of unit liability specifying in whole numbers a unit liability for each unit and the total unit liability of all units. (2) {a) The schedule of imit entitlement or of unit liability endorsed on a registered plan may be amended or altered (i) by unanimous resolution ; or (ii) by order of the Court upon the application of the body corporate, an administrator or any member. In determining an application to amend or alter a schedule of unit entitlement the Court shall have due regard to the value of all units at the time the application is made. In determining an application to amend or alter a schedule of unit liability the Court shall have regard to the amount which it would be just and equitable to require each member to contribute towards the expenses of the body corporate in controlling managing and administering the common property, in paying any premiimis of insurance and in discharging or performing any other obligation which the body corporate is or may be required to discharge or perform under this Act or the by-laws. {b) On any application to the Court imder sub-paragraph (ii) of paragraph (a) any person claiming to have any interest in a unit shall have the right to appear and be heard. (c) Forthwith after the passing of such unanimous resolution or the making of such order the body corporate shall apply to the Registrar in the manner prescribed by the regulations to amend or alter the schedule of unit entitlement or the schedule of unit liability accordingly. 11. (1) A plan

11 1967. Strata Titles. No (1) A plan of strata subdivision shall be registered when Jf^gJ^'**"' the Registrar enters thereon a memorandum to that effect stating Jj^' ^^^ the time and date of the entry, and the time and date of entry shall be the time and date of registration of the plan of strata subdivision. (2) On the registration of a plan of strata subdivision the Registrar shall issue a separate certificate of title for each unit on the registered plan. (3) The niunbers of the imits marked on a registered plan may be used for the purpose of dealing with any unit according to the plan. 12. (1) The common property and each unit on a registered Easements 1 1 «t <... i n appurtenant to plan shall by virtue of this section have as appurtenant thereto all common such rights of support, shelter and protection, and for the passage SSS'on'" or provision of water, sewerage, drainage, gas, electricity, garbage, '*8"''"^ P"""- air and all other services of whatsoever nature (including telephone, radio and television services) over the parcel and every part thereof as may from time to time be necessary for the reasonable use or enjoyment of such common property or unit. (2) The common property and each unit on a registered plan shall by virtue of this section have as appurtenant thereto (a) a right to the full free and uninterrupted access and use of light to or for any windows doors or other apertures existing at the date of registration of the plan and enjoyed at that date ; and (b) a ri^t to maintain overhanging eaves existing at the date of registration of the plan over the parcel and every part thereof. (3) The rights created by this section shall be easements, and shall carry with them all ancillary rights necessary to make them effective : Provided that any person exercising such rights shall make good all damage done in the exercise thereof. 13. (1) The registered proprietors for the time being of the units common on a registered plan shall by virtue of this section be the registered P«>P*'*'- proprietors of the common property as tenants in common in shares proponional to the unit entitlement from time to time of their respective units ; and any certificate of title for a unit shall without express mention therein of the quantum of the undivided share be the certificate of title for the registered proprietor's undivided share in the common property. (2) No undivided share in the common property shall be dealt Dealing with with except as appurtenant to the unit of the registered proprietor fommti and any dealing with a unit shall operate as a dealing likewise with propefythe undivided share of the registered proprietor of the unit in the common property notwithstanding no mention thereof is made in the dealing or in any instrument giving effect thereto but nothing herein

12 Strata Titles. No Dealing with whole of common properly. Addition to common properly. herein contained shall operate to prohibit all the registered proprietors of all the units on a registered plan from dealing with common property as a whole or with a part or parts of the common property. (3) The Registrar shall before registering any instrument giving effect to a dealing with common property as a whole require the consent of the council under the seal of the municipality which consent the council is hereby authorized to give and shall give if it is satisfied that having regard to all the circumstances the dealing ought to be permitted. (4) Notwithstanding anything contained in the Transfer of Land Act 1958 any instrument dealing with common property as a whole or with a part or parts of common property shall be registered when a memorandum thereof has been entered on the registered plan and no memorandum thereof shall be entered on any Crown grant or certificate of title : Provided that where any unit is subject to any existing registered mortgage, charge, lease or sub-lease the Registrar shall not register any transfer dealing with common property as a whole or with a part or parts of common property until he is satisfied that every registered mortgagee, annuitant, lessee or sub-lessee has consented in writing to the release of his interest in the land comprised in the transfer and upon registration of the transfer each such consent will operate as and be given effect to by the Registrar as a discharge of the mortgage or charge or as a surrender of the lease or sub-lease as to the land comprised in the transfer, as the case may be. (5) Upon the registration of a transfer of the common property as a whole or of a part or parts of the common property the Registrar shall {a) amend the registered plan by deleting therefrom so much of the common property as is comprised in the transfer ; and (b) issue in the name of the transferee a certificate of title to the land transferred free from any easements existing over the land by virtue of section 12. (6) Any land which is transferred (free from any registered mortgage, charge, lease or sub-lease) to all the registered proprietors of all the units shown on a registered plan may be included in the strata subdivision as part of the common property if the transfer contains a request by the transferees to the Registrar so to do. (7) A unit (together with the undivided share in common property of the registered proprietor of that unit) which is transferred (free from any registered mortgage, charge, lease or sub-lease) to the registered proprietors of the other units shown on

13 1967. Strata Titles. No on a registered plan may be included in the strata subdivision as part of the common property if the transfer contains a request by the transferees to the Registrar so to do. (8) The registration of any such transfer containing a request referred to in sub-section (6) or sub-section (7) shall have the effect of including the transferred land as part of the common property ; the undivided share of any registered proprietor of a unit in the land so included as part of the common property shall be held by any proprietor of that unit for the same estate and subject to the same terms conditions and encumbrances upon which the proprietor held the unit immediately prior to the registration of the transfer and to any other encumbrances subject to v^^hich the same was transferred and where any unit is then subject to any mortgage, charge, lease or sub-lease the undivided share of the registered proprietor of that unit in the land so included as part of the common property shall in all respects be subject to the mortgage, charge, lease or sub-lease as if it had been expressly included in the land subject to mortgage charge, lease or sub-lease. (9) The Registrar shall register any such transfer containing a request referred to in sub-section (6) or sub-section (7) by (a) cancelling the registration of the relevant Crown grant or certificate of title in whole or as to part accordingly ; (6) entering a memorandum of the transfer on the relevant registered plan ; and (c) amending the relevant registered plan in such manner as the Registrar thinks fit so as to show thereon the transferred land as part of the common property, and where the transferred land is a unit shown on the registered plan by, in addition, striking out the unit entitlement and unit liability of that unit shown on the plan and decreasing the aggregate unit entitlement and aggregate unit liability shown on the plan by the unit entitlement and unit liability of that unit. 14. (1) The registered proprietor or registered proprietors for Body corporate. the time being of the units on a registered plan shall by virtue of this Act be a body corporate under the name " Body Corporate Strata Plan No. " (the number shall be the number of the relevant registered plan). (2) The provisions of the Companies Act 1961 shall not apply to the body corporate. (3) The

14 ^ Strata Titles. No (3) The body corporate shall have perpetual succession and a common seal and shall be capable of suing and being sued in its corporate name and shall be regulated in accordance with this Act and the by-laws ; and the members thereof shall be the registered proprietor or registered proprietors for the time being of the units, each member being a member in respect of the unit or units of which he is registered as proprietor. (4) Without restricting the generauty of sub-section (3) the body corporate may sue for and in respect to any damage or injury to the common property caused by any person whether that person is a member or has any interest in the common property or not. (5) In this section " registered proprietor" in relation to a unit, means every person appearing from the Register Book to be the proprietor of (a) an estate in fee simple ; or {b) an estate for life in the unit. Duties of 15. (1) The duties of the body.corporate shall include the ^"orate. following : (a) Subject to this Act, to carry out any duties imposed on it by the by-laws ; {b) Unless by xmanimous resolution it is otherwise resolved, to insure and keep insured all buildings and other improvements in the parcel to the replacement value thereof against fire and such other risks as it may determine ; (c) To effect such other insurance as it is required by law to effect or as it may deem expedient; (d) Subject to sections 28 and 29, forthwith to apply insurance monies received by it in respect of damage to any building or improvements in re-building and reinstating the said buildings or improvements so far as the same may lawfully be effected ; (e) To pay premiums on any poucies of insurance effected by it; (/) To keep in a state of good and serviceable repair and properly maintain the common property ; (g) To comply with any notice or order duly served on it by any competent pubuc or local authority requiring repairs to or work to be performed in respect of the parcel or any building or improvements therein ; (A) To

15 1967. Strata Titles. No (A) To comply with any reasonable request for the names and addresses of the persons who are members of the committee ; (/) Subject to this Act to control, manage and administer the common property and to do all things reasonably necessary for the enforcement of the by-laws. The body corporate for the purposes of effecting any insurance under paragraph (b) shall be deemed to have an insurable interest in the buildings and improvements to the extent of their replacement value and for the purpose of effecting any other insurance under this sub-section shall be deemed to have an insurable interest in the subject-matter of such insurance. (2) Any policy of insurance authorized by this section and taken out by the body corporate in respect of any buildings or other improvements in the parcel shall not be liable to be brought into contribution with any other policy save another policy authorized by this section in respect of the same buildings or improvements. 16. The powers of the body corporate shall include the Poweis of following : corporate. (a) To exercise the powers from time to time conferred by the by-laws ; {b) To establish and maintain a fund (i) for administrative expenses sufficient in the opinion of the body corporate for the control, management and administration of the common property and for the payment of any premiums of insurance ; and (ii) for the discharge or the performance of any other obligation of the body corporate ; (c) To determine and record in writing from time to time the amoimts to be raised for the purposes aforesaid and the time and manner of payment thereof (but not to make a determination of an amount to be raised which includes the amount of any deficiency caused by the failure of any member to comply with a demand under paragraph {d); {d) To raise amoimts so determined by making demands in writing for and receiving paynient of them from members in proportion to the unit liability of their respective imits or in such other proportions as may from time to time be determined by unanimous resolution ; (e) To

16 Strata Titles. No (e) To remedy any breach of a by-law if the breach is one that may be remedied by the expenditure of money but no such breach shall be remedied by the body corporate unless and until it serves on the person bound to comply with the by-law a notice specifying the nature of the breach and requiring the breach to to remedied and the breach is not remedied within a reasonable time thereafter. Recovery of amounts from members. 17. Any amount demanded pursuant to paragraph (d) of section 16 shall be due and payable in accordance with the terms of the relevant determination and so much of the amount demanded as from time to time becomes due and payable shall be recoverable as a debt by the body corporate in an action in any court of competent jurisdiction ; the member at the time when any amount is recoverable and, subject to the provisions of section 23, the member at the time when the action was instituted shall be jointly and severally liable for the amount so recoverable. Recovery of moneys expended for repairs and other work. 18. Where the body corporate performs any repairs work or act which it is required or authorized by or under this Act or by or under any other Act to perform (whether or not the repairs work or act were^ performed pursuant to any notice or order served on it by a public or local authority) but the repairs work or act are substantially for the benefit of one unit only or are substantially for the benefit of some of the units only any expense incurred by it in performing the repairs work or act shall be recoverable as a debt by it in an action in any court of competent jurisdiction in accordance with the following provisions ; (a) Where the repairs work or act are substantially for th6 benefit of one unit only the relevant member at the time when the expense was incurred and subject to the provisions of section 23 the relevant member at the time when the action was instituted shall be jointly and severally liable for the debt ; or (b) \Where the repairs work or act are substantially for the benefit of some only of the units then in the case of each such unit the relevant member at the time when the expense was incurred and subject to the provisions of section 23, the relevant member at the time when the action was instituted shall be jointly and severally liable for an amount equal to that proportion of the debt which the unit liability of the unit of that member or former member then bears to the aggregate unit liability of those units substantially benefited by the repairs work or act. 19. Where

17 1967. Strata Titles. No Where the body corporate performs any repairs work or ^ ^^ ^ act which it is required or authorized by or under this Act or by or expended for, «A g> ^ 1 i 1 t repairs and under any other Act to perform (whether or not the repairs work other work or act were performed pursuant to any notice or order served on necessary by it by any public or local authority) and the repairs work or act were ^^nof. *"'' rendered necessary by reason of any wilful or negligent act or omission on the part of or any breach of any by-law by any member or his tenant, lessee, licensee or invitee any expense incurred by it in performing the repairs work or act shall be recoverable as a debt by it in an action in any court of competent jurisdiction from that person. 20. A notice or order requiring repairs to or work to be ^ ^^ performed in respect of the parcel or any building or other «>'J ;^o be done. improvements therein which a pubuc or local authority is required or authorized by any Act, regulation or by-law to serve shall notwithstanding anything contained in such Act, regulation or by-law be served on the body corporate in the manner provided by this Act and thereupon the notice or order shall be deemed to have been duly served and the body corporate shall be deemed to be the person bound to comply therewith. 21. Where a member who is not beneficially entitled to Trustee may ~...,, I ', recover possession of a unit is required to pay and pays any amount to the amounts paid, body corporate pursuant to paragraph {d) of section 16 or to section 17 or 18 he shall subject to any agreement between him and the person beneficially entitled to possession of the unit be entitled to recover from that person any amount so paid. The right given by this section shall be in addition to and not in derogation of any right which a trustee may have either at law or in equity to be indemnified out of the trust property in respect of any liability incurred by him in his capacity as trustee. 22. Subject to this Act, a member shall not be liable to pay to or umitation of contribute to the funds of the body corporate any amount exceeding members, the due proportion recoverable from him under section 17 of any amount required to discharge any liability accrued or prospective of the body corporate. 23. The body corporate shall on the application of a member. Certificate of any person authorized in writing by him or a purchaser or ''"'"'">' mortgagee of a unit certify in or to the effect of the form prescribed by the regulations (fl) the amount of any determination made pursuant to paragraph (c) of section 16 and then unsatisfied ; (6) the

18 ; Strata Titles. No {b) the time and manner of pajrment of the amount of the determination ; and in respect of the relevant imit (c) the proportionate Uability of the member of the amount of the determination ; {d) any amoimts demanded from the member pursuant to paragraph {d) of section 16 and then impaid ; {e) any amoimt then recoverable by the body corporate pursuant to section 17 ; (/) any amount then recoverable by the body corporate from the member pursuant to section 18 ; and {g) whether or not the body corporate has performed or is about to perform any repairs work or act in respect of which a liability is Ukely to be incurred by the member under section 18 and the general nature of the repairs work or act and as against the body corporate in favour of any person (including the member) relying in good faith on such certificate the said certificate shall be conclusive evidence of the matters certified therein. By-laws. li^nd"'' Schedules. 24. (1) Exccpt as otherwise provided by this Act the body corporate and the control management administration use and enjoymcut of the units and the common property on a registered plan shall be regulated by the by-laws. (2) Subject to any amendment or repeal thereof or addition thereto the by-laws shall be those set forth in the First and Second Schedules. (3) The by-laws in the First Schedule and any additions thereto or amendments thereof may be added to amended or repealed by unanimous resolution and not otherwise. (4) The by-laws in the Second Schedule and any additions thereto or amendments thereof may be added to amended or repealed by the body corporate. (5) Any amendment of or addition to any by-law shall relate to the control management administration use or enjoyment of the units or the common property or to the regulation of the body corporate or to the powers and duties of the body corporate (other than those conferred or imposed by this Act) : Provided that no powers or duties may be conferred or imposed on the body corporate which are not incidental to the performance of the statutory duties or powers imposed on it by this Act or which would enable the body corporate to acquire or hold any real estate or any chattel real or to carry on business for profit. (6) No

19 1967. Strata Titles. No (6) No by-law or addition to or amendment or repeal of any by-law shall prohibit or restrict the devolution of units or any transfer, lease, mortgage or other dealing therewith, or destroy or modify any easement implied or created by this Act. (7) No addition to or amendment or repeal of any by-law pursuant to sub-section (3) shall have effect until the body corporate has lodged a notification thereof in the form prescribed by the regulations with the Registrar and the Registrar has made reference thereto on the registered plan. (8) The body corporate shall keep a record of the by-laws in force from time to time. (9) The body corporate shall on the application of a member or a person authorized to apply by a member, supply to him a copy of the by-laws in force, and may require him to pay a reasonable charge. (10) The body corporate shall on the application of any person who satisfies the body corporate that he has a proper interest in so applying make available for inspection the by-laws. (11) The by-laws shall be binding on (fl) the body corporate ; (Jb) all members ; and (c) any other person in actual occupation of a unit (but only so far as such by-laws are negative in character, or are in the form of or to the effect of by-law 1 of the by-laws set forth in the First Schedule) and shall enure for the benefit of the body corporate and every member. (12) The body corporate or any member shall be entitled to apply by summons to the Court for an order (a) enforcing the performance of or restraining the breach of any by-law by ; or {b) awarding damages for any loss or damage arising out of the breach of any by-law by any person bound to comply therewith or by the body corporate. 25. (1) A member may effect a policy of insurance in respect Mortgage of destruction of or damage to his unit for the purpose of ' "' "'*- indemnifying himself against liability under any mortgage affecting the unit, which purpose shall be stated in the policy. (2) Where

20 ^ Strata Titles. No (2) Where any such policy of insurance is in force (a) subject to the terms and conditions of the policy, the insurer shall be liable to pay thereon (i) the amount of the sum insured stated in the policy ; (ii) the amount of the loss ; or (iii) the amount sufficient at the date of the loss to discharge mortgages upon the unit whichever is the least amount; {b) any payment made under the policy by the insurer shall be made to the mortgagees whose interests are noted thereon in the order of their respective priorities ; (c) where the amount so paid by the insurer equals the amount necessary to discharge a mortgage upon the unit the insurer shall be entitled to a transfer of that mortgage ; and {d) where the amount so paid by the insurer is less than the amount necessary to discharge a mortgage upon the unit the insurer shall, in order to have secured the repayment of the amount so paid, be entitled to a transfer of the mortgage subject to the insurer entering into a deed of defeasance with the mortgagee (upon terms and conditions agreed upon as provided in sub-section (3) or, failing agreement, on terms and conditions similar to those contained in the mortgage) providing for the re-transfer of the mortgage on repayment of the amount so secured. (3) For the purposes of paragraph (d) of sub-section (2) any insurer and mortgagee may at any time, whether before or after a policy of insurance has been effected, agree upon the terms and conditions of the deed of defeasance. (4) A policy of insurance authorized by sub-section (1) and taken out in respect of damage to a unit shall not be liable to be brought into contribution with any other policy of insurance save another policy authorized by this section and taken out in respect of damage to the same unit. (5) This section shall apply notwithstanding any law relating to insurance. 26. Nothing

21 1967. Strata Titles. No Nothing in section 15 or section 25 shall limit the right of Member's a member to effect a policy of insurance in respect of destruction ""'" '*- of or damage to his unit or his unit and his undivided share in the common property. 27. (1) The Registrar may cancel a registered plan upon the &nmiiation of application of the registered proprietors of all the units shown on apjjlication of the plan. propnrtors. (2) Every such application to the Registrar for cancellation of a registered plan shall be in or to the effect of the form prescribed by the regulations and shall be accompanied by or have lodged in support thereof (a) the duplicate certificates of title for every unit; and (Z>) the duplicate instrument (if any) of every registered mortgage charge lease or sub-lease relating to any units common property as a whole or any part or parts of common property unless the Registrar dispenses with production of any such duplicate certificate of title or instrument. (3) Before cancelling the plan the Registrar shall satisfy himself that no debts are owing by or accruing in respect of the body corporate and that every member and any administrator has consented to the cancellation and every caveator and every registered proprietor of any mortgage charge lease or sub-lease affecting any unit common property as a whole or any part of common property has consented in writing to the release of his interest in the unit common property as a whole or part of common property (as the case may be). (4) The cancellation of a registered plan shall be effected when a memorandum of cancellation has been entered by the Registrar on the plan. (5) Upon the cancellation of the registered plan the parcel shall vest in the persons who immediately prior thereto were the registered proprietors of the units as tenants in common in shares proportional to the unit entitlement of their respective units free from any caveats and from any registered mortgage charge lease or sub-lease relating to any unit common property as a whole or any part or parts of common property and from any easements existing over the land by virtue of section 12, and the Registrar shall issue a certificate of title accordingly. (6) Upon the cancellation of a registered plan the body corporate shall be dissolved. (7) The

22 ^ Strata Titles. No (7) The Registrar shall on cancelling a registered plan give notice to the council that the plan has been cancelled and that the body corporate has been dissolved. StoS^"" 28. (1) Where in respect of a registered plan an application is gtoration by made to it in that behalf by the body corporate, an administrator, a member, or a registered Mortgagee of a unit shown on the plan, the Court is satisfied that having regard to the rights and interests of any creditor of the body corporate and of every person who has any interest in the parcel or in any part of the parcel, it is just and equitable that the body corporate be wound up and the plan cancelled, the Court may make a declaration to that effect. (2) A notice of any application made under sub-section (1) shall be served on the Registrar who shall thereupon endorse on the registered plan a notification that the application has been so made. (3) On any application to the Court under sub-section (1), any person claiming to have any estate or interest in the parcel or in any part of the parcel and any insurer who has effected insurance on the buildings or other improvements in the parcel or any part thereof shall have the right to appear and be heard. (4) Where the Court makes a declaration under sub-section (1), the Court may by order impose such conditions and give such directions (including directions for the payment of money, the disposal of the property and the distribution of the assets of, the body corporate and directions that any consent required by sub-section (10) be dispensed with) as it thinks fit, for the purpose of giving effect to the declaration. (5) The Court may from time to time cancel vary modify or discharge any declaration or order made by it under this section. (6) On any apphcation under this section the Court may make such order for payment of costs as it thinks fit. (7) Where a declaration has been made by the Court in respect of a registered plan, the applicant for the declaration may apply to the Registrar for cancellation of the plan and the Registrar may cancel the plan accordingly. (8) Every such apphcation to the Registrar for cancellation of a registered plan shall be in or to the effect of the form prescribed by the regulations and shall be accompanied by or have lodged in support thereof (a) the dupucate certificate of title for every unit; {b) the

23 1967. Strata Titles. No (b) the duplicate instrument^ (if any) of every registered mortgage charge lease or sub-lease relating to any unit, common property as a whole or any part or parts of common property ; and (c) an office copy of every declaration or order made by the Court under this section in relation to the body corporate or registered plan unless the Court otherwise directs or the Registrar dispenses with the production of any such duplicate certificate of title or instrument. (9) Where the Court makes a declaration imder sub-section (1) and any person having custody or control of any dupucate certificate of title or instrument required for the purposes of an appucation for cancellation of a registered plan, refuses or neglects to produce the same for those purposes or where production of any such duplicate certificate of title or instrument cannot be obtained as the person last known to have custody or control thereof is dead, or is out of Victoria, or cannot be found, or where for any other reason it is impracticable to obtain production of any such duplicate certificate of title or instrument, the Court on the application of any interested person may in any appropriate case order, upon such terms and conditions as it thinks fit, production thereof to the Registrar by the person so refusing or neglecting, or may in its discretion order the Registrar to dispense with production thereof. (10) Before cancelling the plan the Registrar shall, unless the Court otherwise directs satisfy himself that no debts are owing by or accruing in respect of the body corporate and that every member and any administrator has consented to the cancellation and every - caveator and every registered proprietor of any mortgage charge lease or sub-lease affecting any unit common property as a whole or any part of common property has consented in writing to the release of lus interest in the xmit, common property as a whole or part of common property (as the case may be). (11) Cancellation of a registered plan shall be effected when a memorandum of cancellation has been entered by the Registrar on the plan. (12) Upon the cancellation of the plan the parcel shall, unless the Court otherwise directs, vest in the persons who immediately prior thereto were the registered proprietors of the imits as tenants in common in shares proportional to the imit entitlement of their respective xmits free from any caveats and from any registered mortgage charge lease or sub-lease relating to any unit, common

24 ^ Strata Titles. No common property as a whole or any part or parts of common property and from any easements existing over the land by virtue of section 12, and the Registrar shall issue a certificate of title accordingly. (13) Upon the cancellation of a registered plan the body corporate shall be dissolved. (14) The Registrar shall on cancelling a registered plan give notice to the council that the plan has been cancelled and that the body corporate has been dissolved. Scheme destruction or damage. 29. (1) Whcrc any building or other improvements in a parcel are damaged or destroyed, but the registered plan is not cancelled, ^ ^g Court may on the application of the body corporate, an administrator, a member, or a registered mortgagee of a unit by order settle a scheme including provisions (fl) for the reinstatement in whole or in part of such buildings or other improvements ; or {b) for the transfer of units to the registered proprietors of the other units so as to form part of the common property and thereafter the provisions of section 13 shall so far as they are applicable, but subject to any order of the Court to the contrary, apply to any such transfer. (2) A notice of any application made under sub-section (1) shall be served on the Registrar who shall thereupon endorse on the registered plan a notification that application has been so made. (3) On any application to the Court under sub-section (1), any person claiming to have any estate or interest in the parcel or in any part of the parcel or any insurer who has effected insurance on the buildings or other improvements in the parcel or any part thereof shall have the right to appear and be heard. (4) In the exercise of its powers under sub-section (1) the Court may make such orders as it deems expedient or necessary for giving effect to the scheme including orders {a) directing the application of any insurance moneys ; {b) directing payment of money by or to the body corporate or by or to any person ; (c) directing such amendment of the registered plan as it thinks fit ; or (d) imposing such terms and conditions as it thinks fit. (5) The Court may from time to time cancel vary modify or discharge any order made by it under this section. (6) On

25 1967. Strata Titles. No (6) On any application under this section the Court may make such order for payment of costs as it thinks fit. 30. (1) The body corporate, a creditor of the body corporate or Administrator. any person having an interest in a unit on a registered plan may apply to the Court for the appointment of an administrator. (2) The Court may in its discretion on cause shown appoint an administrator for an indefinite period or for a fixed period on such terms and conditions as to remuneration or otherwise as it thinks fit. The remuneration and expenses of the administrator shall be an administrative expense within the meaning of this Act. (3) The administrators shall to the exclusion of the body corporate and the committee have and exercise the powers of the body corporate and the committee and be subject to the duties of the body corporate and the committee or such of those powers and duties as the Court shall order. (4) The administrator may by writing under his hand delegate any of the powers so vested in him and by writing under his hand may at any time revoke such delegation. (5) The Court may in its discretion on the application of the administrator or any person referred to in sub-section (1) of this section remove or replace the administrator. (6) On any application made under this section the Court may make such order for the payment of costs as it thinks fit. (7) Nothing in this section shall permit an administrator to pass a unanimous resolution or prevent the passing of a unanimous resolution but without restricting the generality of sub-section (3) the administrator shall subject to any order of the Court be entitled of his ovra motion and to the exclusion of the body corporate to do any act which under the by-laws may be done by special resolution only. (8) An administrator when appointed shall forthwith lodge with the Registrar an oflice copy of the order of the Court making such appointment. 31. (1) At any meeting of the body corporate voting rights (a) where a unanimous resolution is required if a member's interest in a unit is subject to a registered mortgage or mortgages a power of voting otherwise exercisable by the member shall not be exercised by the member but may only be exercised by the registered mortgagee first entitled in priority ; and (6) where

26 Strata Titles. No Restrictions on (6) where a unanimous resolution is not required and the unit or any interest therein is subject to a registered mortgage or mortgages the mortgagee first entitled in priority may exercise the power of voting otherwise exercisable by the member or members whose interest or interests in the unit is or are comprised in his mortgage and such member or members shall not be entitled to exercise the power of voting in respect of the unit when the mortgagee is present personally or by proxy. (2) Sub-section (1) shall not apply imless written notice of the mortgage has been served on the body corporate. (3) At any meeting of the body corporate exercise of, ^., t t i voting rights. Powers of S^t"f voting rights, (Q) m the casc of a person who is less than eighteen years of age a power of voting shall not be exercised by that person but may be exercised by such person as may be appointed by the Court for that purpose ; or (b) in the case of a person who is by any rule of law disabled from dealing with his property, a power of voting shall not be exercised by that person but may be exercised by the person who is for the time being authorized by law to control the property of that person so disabled. (4) Where any person by whom a power of voting is exercisable is dead or is out of Victoria or cannot be found, or where for any reason it is impracticable to obtain the exercise by a person of his power of voting or it is not known by what person a power of voting is exercisable, the Court on the application of the body corporate or of any interested party may by order (a) appoint some fit and proper person for the purpose of exercising such powers of voting as the Court shall determine and thereupon such appointment shall take effect accordingly ; or (b) declare that any person's power of voting shall be dispensed with either on a particular occasion or generally, in which case the provisions of this Act or of any by-law as to voting shall have effect as if no power of voting were exercisable by that person on the particular occasion or generally, as the case may be. (5) On making any order under this section the Court may make such provision as it thinks necessary or expedient to give effect to such order and may provide for the payment of costs as it thinks fit. (6) The

27 1967. Strata Titles. No (6) The Court may from time to time cancel, vary, modify or discharge any order made by it under this section. 32. (1) The body corporate shall at or near the front building SOTice^o^ documents. alignment of the parcel """""" (a) cause to be continuously displayed a notice showing the name of the body corporate and the address for service of documents shown on the registered plan ; and {b) where the address for service of documents shown on the registered plan is the postal address of the buildings erected in the parcel, cause to be continuously available a receptacle suitable for pxuposes of postal delivery with the name of the body corporate clearly shown thereon. (2) A document may be served on the body corporate by (a) sending it by pre-paid post to the body corporate addressed to the body corporate at the address for service of documents shown on the registered plan ; or (b) placing it in the receptacle referred to in sub-section (1). (3) As from time to time the address for service of documents is altered the body corporate shall forthwith notify the Registrar of the alteration. The notification shall be in the form prescribed by the regulations and the Registrar shall amend the registered plan accordingly. (4) For the purposes of this section " document" includes summons, notice, order and other legal process. 33. (1) If default is made by the body corporate in complying g^»"" "^ with any requirements or duty imposed on it by this Act or the corporate, regulations the body corporate and each member of the committee who is knowingly a party to the default shall be guilty of an offence and be liable to a penalty of not more than $400. (2) Any person (including any public or local authority) for whose benefit any requirement or duty is imposed on the body corporate by this Act or the regulations may apply to the Court for an order compelling the body corporate to carry out the requirement or perform the duty as the case may be and on such application the Court may make such order as it thinks proper. PART

28 ^ Strata Titles. No PART III. APPROVAL OF PLANS OF REDEVELOPMENT. Requirements 34. (1) A proprietor may lodge a plan of redevelopment with of plan of the Registrar for approval under this Part but the Registrar shall redevelopment. ^^^ approve any such plan unless (a) it has been sealed with the seal of the municipality pursuant to sub-section (1) of section 6 or has been confirmed by an arbitrator ; {b) the applicant is registered as the sole proprietor of the land comprised in the redevelopment or where there are more apphcants than one the applicants are registered as proprietors of the land comprised in the redevelopment as joint proprietors or as tenants in common ; (c) the registered proprietor of any mortgage or charge affecting the land comprised in the redevelopment or any part thereof and any caveator who claims any estate or interest in the land comprised in the redevelopment or any part thereof whose caveat was lodged with the Registrar before lodginent of the plan has consented in writing to the redevelopment ; and {d) the plan of redevelopment otherwise complies with the provisions of this Act. Procedure approved. (2) On approval of a plan of redevelopment the Registrar Shall (a) amend the registered plan to which the plan of redevelopment relates and any schedules and endorsements thereon (whether by reference to annexed sheets or otherwise) in accordance with the plan of redevelopment and affix the time and date when such amendment was made but in the case of an enlargement of a unit the schedules of unit entitlement and unit hability shall not be altered by the Registrar by virtue only of the enlargement; (Z>) endorse on the plan of redevelopment a memorandum that it has been approved pursuant to this Part and that the registered plan to which it relates has been amended pursuant to this section ; and (c) issue separate certificates of title in accordance with the registered plan as amended for the land the subject of the plan of redevelopment. PART

29 1967. Strata Titles. No PART IV. CONVERSION OF EXISTING SCHEMES OF BUILDING SUBDIVISION. 35. Where at any time either before or after thi? Act has come ^^^ Jl\ into operation a plan of a building subdivision has been approved ^. "^ by the Registrar pursuant to section 97 of the Transfer of Land siswi^ifion and Act 1958 or has been approved by or deposited or lodged with the JliS'S^?i?au^ Registrar pursuant to any corresponding previous enactment 'umivision. (a) where a service company operates in relation to the building subdivision ^the service company ; or {b) whether or not a service company operates in relation to the building subdivision the registered proprietor of any allotment on the plan of building subdivision may lodge with the Registrar an application for the cancellation of the plan of building subdivision and the registration under this Part of a plan of strata subdivision of the land comprised in the building subdivision. 36. (1) Every application made to the Registrar as aforesaid AppUcation. shall be in the form prescribed by the regulations and shall contain such particulars as may be prescribed by the regulations. (2) The application shall be accompanied by (a) a plan of the strata subdivision sought to be registered under this Act (hereinafter called " the proposed plan ") complying with this Act ; and {b) where a service company operates in relation to the building subdivision but is not the applicant, the consent under seal of the service company to the granting of the apphcation or, where no service company operates in relation to the building subdivision, the consent in writing of the registered proprietors of not less than one half of the allotments on the plan of building subdivision to the granting of the application. 37. The Registrar when he is satisfied that the boundaries of P "*""" the allotments on the plan of building subdivision other than those Re^trar determined by levels substantially agree with the corresponding prppo«d pian boimdaries of the units on the proposed plan and that the proposed regilsatio" plan is suitable for registration imder this Act shall (a) serve a copy of the application and of the proposed plan and of the plan of building subaivision on every person appearing from the Register Book or from any instrument or application lodged with the Registrar

30 ^ Strata Titles. No Registrar as at the time of lodgment of the application under this Part, to have or to claim an interest in any part of the land in the building subdivision (other than the appucant and the parties who have consented as aforesaid) requiring each person so served to notify him in writing whether or not he consents to the granting of the application : Provided that the Registrar may with the consent of the parties who have consented to the appucation imder paragraph (Z>) of section 36 amend the apphcation and the proposed plan or either of them before complying wiui the provisions of this section ; and (b) where a service company operates in relation to the building subdivisions, serve a notice of the application in the prescribed form on the Registrar of Companies or the Registrar of Co-operative Societies, as the case may require. Cancellation of 38. (1) When the Registrar is satisfied that every person served SXi^ pursuant to paragraph (a) of section 37 has consented in writing Md"^ttation to the granting of the application he may subject to the provisions ptos.""""*' f this Part cancel the plan of building subdivision and register the proposed plan. (2) The proposed plan shall be registered when the Registrar enters a memorandum to that effect thereon stating the time and date of the entry and the time and date of the entry shall be the time and date of registration thereof. (3) The Registrar shall not register any proposed plan unless (a) there has been produced to him the duplicate certificate of title to every part of the land comprised in the building subdivision and the duplicate instrument (if any) of every registered service agreement, mortgage, charge, lease or sub-lease relating to any part of the land comprised in the building subdivision: or he has pursuant to the provisions of the Transfer of Land Act 1958 dispensed with the production of any such dupucate certificate of title or instrument or the Court pursuant to sub-section (2) of section 43 by order directs him to dispense with production of the same ; and (b) he has reasonable grounds for believing that any service,company which operates in relation to the building subdivision is not the proprietor of any real estate or chattel real other than the residual land in the building subdivision and that there is no subsisting security over the residual land. (4) When

31 1967. Strata Titles. No (4) When a proposed plan has been registered as aforesaid Act^to the provisions of this Act shall apply in all respects as if the plan relste^'undw had been registered pursuant to Part II. of this Act. oliall!>nau tftiessrs under Part (1) Registration of a proposed plan pursuant to this Part Effect of {a) where a service company operates in relation to the building subdivision (i) extinguish all rights and obligations arising xmder any service agreement; and. (ii) discharge any charge given to the service company in so far as it affects any land in the building subdivision ; and {b) whether or not a service company operates in relation to the building subdivision (i) extinguish au easements howsoever acquired subsisting over or upon any land in the building subdivision in so far as they may be appurtenant to any land in the building subdivision ; (ii) discharge any restrictions and any obhgations (whether positive or negative) arising imder covenant or otherwise which affect any land in the building subdivision in so far as those restrictions or obligations were imposed for the benefit of any land in the building subdivision or for the benefit of the owner of any land in the building subdivision ; and (iii) determine any lease and any other right of occupancy granted or subsisting over any part of the common property on the proposed plan other than any registered lease or any lease lodged for registration at the time of lodgment of the apphcation imder this Part. (2) Any reference in any agreement deed instrument notice or other document whatsoever to an allotment on the plan of building subdivision shall be taken as referring to the unit which corresponds with that allotment on the registered plan together with tiie undivided share of the registered proprietor of the unit in the common property. registration of now plan. 40. Upon the registration of any plan of strata subdivision ^^^^^ under this Part and without any further or other authority than company, this Act in any case where a service company operated in relation to the former building subdivision the service company shall be dissolved

32 ^ Strata Titles. No dissolved and none of the provisions of the Companies Act 1961 or of the Co-operation Act 1958 shall thenceforth apply thereto but subject to the provisions of section 39 (a) All, property, rights, powers, claims and remedies whatsoever belonging to the service company immediately before the registration of the plan shall vest in the body corporate incorporated pursuant to the provisions of this Act (hereinafter called " the body corporate"); and all liabilities of the service company present or future certain or contingent shall be transferred to and be borne and discharged by the body corporate ; and without restricting the generality of the foregoing all contracts deeds bonds agreements indemnities and other instruments and documents lawfully made or entered into by or on behalf of the service company and in force immediately before the dissolution of the service company shall subject to this section be as binding and as of full force and effect in every respect as they would have been in favour of or against the service company if it had not been dissolved and may be enforced as fully and eflfectually as if the same had been made or entered into by or on behalf of the body corporate ; every guarantee given in relation to any liability of the service company shall until discharge continue in full force in relation to the corresponding liability of the body corporate and may be enforced in all respects as if it had originally been given in relation to that liability of the body corporate ; all debts lawfully incurred or owing by or to any service company and due and owing immediately before the dissolution of the service company shall be deemed to have been incurred by or owing by or to the body corporate and may be recovered from or by the body corporate accordingly ; all actions causes of action proceedings and claims (including any arbitration thereon or appeal therefrom or proceeding or matter arising thereon) immediately before the dissolution of the service company pending or existing by or against the service company shall not abate or be discontinued or in any way prejudicially affected by reason of the dissolution but may be continued prosecuted and enforced by or against the body corporate as they might have been by or against the service company if there had been no dissolution; (6) Except

33 1967. Strata Titles. No {b) Except so far as they are altered or modified expressly or by necessary impucation by reason of the registration of the strata plan under this Act the rights interests duties obligations and Uabilities of the members of the service company existing in relation to the service company immediately before its dissolution shall continue in existence in relation to the body corporate and shall not be otherwise affected or abated by the dissolution ; (c) All acts, matters and things of a continuing nature made, done or commenced by or on behalf of the service company and immediately before its dissolution of any force or effect or capable of acquiring any force or effect shall be deemed and taken to have been done or commenced by or on behalf of the body corporate ; and {d) Any reference to the service company in any notice, demand, order, legal or other proceeding, deed, contract, agreement, instrument or document shall if not inconsistent with the context or subject-matter be deemed and taken to refer to the body corporate. 41. (I) Upon registration of the proposed plan the Registrar w^e" pi^n ShaU registered. (a) cancel the plan of building subdivision ; {b) make all such entries in the Register Book as are necessary to give effect to the provisions of sub-section (1) of section 39 ; (c) cancel all certificates of title to the land in the building subdivision and issue certificates of title for each unit in accordance with the registered plan ; {d) endorse on each certificate of title so issued a memorandum of any mortgage, charge, lease, sub-lease, easement, restrictive covenant, caveat or other registered instrument or interest or any entry in the Register Book which still subsists and affects the unit comprised therein ; and ie) where a service company operated in relation to the building subdivision serve a notice in the form prescribed by the regulations (i) on the Registrar of Companies if the service company was registered under the Companies Act 1961 or any corresponding previous enactment: or (ii) 00

34 Strata Titles. No (ii) on the Registrar of Co-operative Societies if the service company was registered under the Co-operation Act 1958 or any corresponding previous enactment. (2) The Registrar of Companies or the Registrar of Co-operative Societies, as the case,may be, shall on receiving a notice served pursuant to paragraph (e) of sub-section (1) make all necessary entries to show that the service company has been dissolved. Special 42. Where an appucation is made under this Part in respect provisions relating to of a building subdivision the plan of which was approved by the cww^pians or Registrar on or before the 31st day of March, 1966 (hereinafter subdivision. -' "- '-- called the " specified date ") and in respect of which no service company operates and the Registrar is satisfied (a) that one or more allotments on the plan of building subdivision, had been sold on or before the specified date ; and (Z>) that on or before the specified date there was in existence a scheme of development pursuant to which the proprietors of allotments on the plan of building subdivision enjoyed or were intended to enjoy exclusive use and possession of parts of the common property on the proposed plan there may be included in a unit on the proposed plan a stratum of any land the exclusive use and possession of which under the scheme is or was intended to be enjoyed by the owner of the corresponding allotment on the plan of building subdivision and the proposed plan may be registered under this Part notwithstanding that to that extent the boundaries of the allotments on the plan of building subdivision do not substantially correspond with the boundaries of the imits on the proposed plan and the provisions of this Part shall apply with all necessary modifications. Power of court to consent to application in certain circumstances. 43. (1) Where any person whose consent is required to the granting of an appucation imder this Part is dead or caimot be found or refuses to consent or does not consent within a reasonable time or where for any reason it is impracticable to obtain the consent of any such person the Court on the appucation of any applicant imder this Part, may if it thinks fit consent to the granting of the application on behalf of that person. (2) When the Court consents as aforesaid it may by the same or by any subsequent order require any person having the custody or control of any dupucate certificate of title or instrument to produce the same to the Registrar or authorize the Registrar to dispense with the production thereof. PART

35 1967. Strata Titles. No PART V. GENERAL. 44. (1) Every application to the Court under this Act shall be Application to, ^ '. ' ^1^-^, the Court. by summons in Chambers. (2) The Judges of the Supreme Court may make rules providing for the delegation to a Master of the Supreme Court of all or any of the powers of the Court under this Act. 45. (1) An arbitrator shall entertain, inquire into and decide upon all matters which an arbitrator is empowered to determine by this Act and for that purpose may do all such matters and things relating thereto including the ordering of the payment of costs by any party and in the same manner and to the same extent as a Judge of the Supreme Court is empowered to do in the exercise of his ordinary jurisdiction and the decision of an arbitrator shall be enforceable as if it were a judgment or ah order of the Supreme Court. (2) An arbitrator may if he thinks fit reserve any question in the form of a special case for the opinion of the Full Court of the Supreme Court which opinion shall be given. (3) In deciding any matter an arbitrator shall be guided by the real justice of the matter without regard to the legal forms and solemnities. Powers of arbitrator. 46. The Governor in Council may make rules and regulations Rules and for or with respect to regulation.. (1) appucations to and proceedings before arbitrators including rules fixing the fees to be paid on or with respect to any such application or proceedings; (2) any matters and things authorized or required to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act; and (3) the fees to be paid for anything required or permitted to be done under this Act. PART VI. AMENDMENTS OF THE CO-OPERATIVE HOUSING SOCIETIES ACT 1958, THE LOCAL GOVERNMENT ACT 1958, THE TRANSFER OF LAND ACT 1958 AND THE TRUSTEE ACT For paragraph (a) of sub-seaion (5) of section 3 Co-operative Housing Societies Act 1958 there shall be substituted the following paragraph :. ' (a) Any reference to the purchase of land on which is situated a dwelhng house shall, without limiting the generality of that expression, include a reference to 10369/67. «^"^ of the Amendments of No

36 ^ Strata Titles. No NrSm"" ' the purchase of a stratum estate within the meaning of the Transfer of Land Act 1958 or a unit on a registered plan within the meaning of the Strata Titles Act 1967, being a residential flat (hereinafter called a " stratum estate ").' 48. In sub-section (2) of section 569F of the Local Government Act 1958 for the words " two years " there shall be substituted the words " three years ". i^,'"'5?s5"" ^ 49. The Transfer of Land Act 1958 shall be amended as No _,, J J follows (a) : In sub-section (1) of section (i) for the interpretation of " Building subdivision " there shall be substituted the following interpretation : '"Building subdivision" means (a) the subdivision of a building or buildings in accordance with a plan of subdivision approved by the Registrar pursuant to this Act; or {b) a strata subdivision of land a plan of which has been approved by the Registrar pursuant to this Act.' ; (ii) for the interpretation of " Residual land" there shall be substituted the following interpretation : ' " Residual land " means (a) in respect of a building subdivision other than a strata subdivision, all the land comprised in the subdivision which is not included in any of the several stratxmi estates ; or {b) in respect of a strata subdivision, so much of a land shown on the plan of strata subdivision as is for the time being described by legend or otherwise as common property.' ; (iii) at the end of the interpretation of "Service company" there shall be inserted the following words " but does not include a body corporate within the meaning of the Strata Titles Act 1967 " ; (iv) after

37 1967. Strata Titles. No (iv) after the interpretation of " Sheriff" there shall be inserted the following interpretations : '" Strata subdivision " means a subdivision of land by sale transfer or partition into two or more units or into two or more units and common property whether or not any unit is on the same level as any other unit ; and " subdivide in strata" has a corresponding meaning. " Stratum " means a part of land consisting of a space of any shape below, on, or above the surface of the land, or partly below and partly above the surface of the land, all the dimensions of which are limited ; and " strata " is the plural of " stratum'»»* (v) for the interpretation of " Stratum estate" there shall be substituted the following interpretation : ' " Stratum estate " means (a) an estate in fee-simple in an allotment in a building subdivision above or below or between certain levels such allotment being a part of a building or parts of a building or buildings (together with any land surrounding or adjacent thereto) intended for separate occupation ; or (b) an estate in fee-simple in a unit.' ; (vi) after the interpretation of " Transmission" there shall be inserted the following interpretation : ' " Unit " means a stratum which is shown as a unit on a plan of strata subdivision approved by the Registrar pursuant to section 97 and includes a unit specified as an accessory unit on any such plan ; and " accessory

38 Strata Titles. No " accessory unit" means a unit intended for separate ownership and use with any other unit or units as a garden, garage, car-parking space, storage space, swimming pool, laundry, stairway or passage, utility space, or for any other like purpose or partly for one and partly for any other like purpose.' ; and {b) After sub-section (2A) of section 97 there shall be inserted the following sub-section : " (2B) The Registrar shall not approve a plan of strata subdivision to which Part I. of the Strata Titles Act 1967 applies unless the plan has been sealed by the council under that Part." Amendments of 50. lu scction 5A of thc Trustec Act 1958 for the expression No » stratum estate, that is to say, an estate in fee-simple, evidenced by a certificate of title under the Transfer of Land Act 1958, in an allotment of land, being a part or parts of a building, above or below or between certain levels, notwithstanding" there shall be substituted the following expression " stratum estate within the meaning of the Transfer of Land Act 1958 or a unit on a registered plan within the meaning of the Strata Titles Act 1967, notwithstanding ". FIRST

39 1967. Strata Titles. No FIRST SCHEDULE. s The body corporate and its agents shall be permitted at all reasonable times on notice (excepting in case of emergency when no notice shall be required) to enter upon any unit for the purpose of exercising any right or performing any duty conferred or imposed on it by the Strata Titles Act 1967 (in these by-laws referred to as " this Act") or the by-laws including, without affecting the generality of the foregoing, the inspection of the unit, the carrying out of any maintenance repairs or work required to be carried out by it or ensuring that the by-laws are being observed. 2. A member shall do or cause to be done the following : (a) forthwith pay all rates, taxes, charges, outgoings and assessments that may be payable in respect of his unit; ib) subject to the provisions of this Act, repair and maintain his unit and keep the same in a state of good repair, fair wear and tear and damage by fire storm tempest or Act of God excepted ; and (c) notify the body corporate forthwith of any change of ownership or of occupancy of his unit. 3. A member or any occupier of a unit shall not (a) use the common property or permit the same to be used in such a manner as unreasonably to interfere with the use and enjoyment thereof by other members or occupiers of units or their families or visitors ; or (b) use his unit or permit the same to be used in such a manner or for such purposes as shall cause a nuisance or hazard to any other member or occupier of any unit or the families or visitors of any such member or occupier. 4. The body corporate shall (a) keep in a state of good and serviceable repair and properly maintain all chattels fixtures and fittings (including elevators and fire escapes) used or intended, adapted or designed for use in connexion with the common property or the enjoyment thereof ; (b) maintain in good repair and proper working order (including renewal where reasonably necessary) pipes, wires, cables, ducts and all other apparatus and equipment of whatsoever nature used or intended, adapted or designed for use for the provision of services in respect of which an easement may exist under the provisions of section 12 of this Act; and (c) on the written request of a member, or registered mortgagee of a unit produce to such member or mortgagee, or person authorized in writing by such member or mortgagee, the policy or policies of insurance effected by the body corporate, and the receipt or receipts for the last premium or premiums in respect thereof. 5. The body corporate may (a) purchase, hire or otherwise acquire personal property (other than chattels real) for use in connexion with the enjoyment of common property ; (b) borrow monies proper to be borrowed by it for the purpose of performing its duties or exercising its powers ; (c) secure the repayment of monies borrowed by it, and the payment of interest thereon, by negotiable instrument, or mortgage of unpaid contributions (whether levied or not), or mortgage of any property vested in it, or by combination of those means ; id) invest as it may determine any monies in any fund established pursuant to section 16 of this Act; (e) make an agreement with any member or any occupier of a unit for the provision of amenities or services by it to such unit or to the member or the occupier ; (/) grant to a member or anyone claiming through him any special privilege (not being a lease) in respect of the enjoyment of part or parts of the common property provided that any such grant shall be determinable by special resolution. 6. The powers and duties of the body corporate shall, subject to any restriction imposed or direction given at a general meeting of the body corporate, be exercised and performed by a committee. 7. Until the first annual general meeting of the body corporate the members shall constitute the committee. Thereafter the committee shall consist of not less than three members who shall be elected at each annual general meeting provided that where there are not more than three members the committee shall consist of all members. Fmsr

40 ^ Strata Titles. No FIRST SCHEDULE continued. 8. Except where the committee consists of all the members the body corporate may by resolution at an extraordinary general meeting remove any committeeman before the expiration of his term of office and appoint another member in his place to hold office until the next annual general meeting. 9. Any casual vacancy on the committee may be filled by the remaining committeemen. 10. A quorum necessary for the transaction of the business of the committee shall (a) where there is only one committeeman be one ; (6) where there are two three of four committeemen be two ; (c) where there are five or six committeemen be three ; and id) where there are more than six committeemen be four. 11. At the commencement of each meeting the committee shall elect a chairman for the meeting who in the case of equality of votes shall have a second or casting vote and if any chairman so elected shall vacate the chair during the course of a meeting the committee shall choose in his stead another chairman who shall have the same rights of voting. 12. At meetings of the committee all matters shall be determined by a majority of votes. 13. The committee may (a) meet together for the conduct of business, adjourn and otherwise regulate its meetings as it thinks fit, provided that is shall meet when any committeeman gives to the other committeemen not less than seven days' notice of a meeting proposed by him, specifying the reason for calling such meeting ; (6) employ for and on behalf of the body corporate such agents and servants as it thinks fit in connexion with the control, management and administration of the common property, and the exercise and performance of the powers and duties of the body corporate ; (c) subject to any restriction imposed or direction given at a general meeting, delegate to one or more of its committeemen such of its powers and duties as it thinks fit, and at any time revoke such delegation. 14. The committee shall (a) keep minutes of its proceedings ; (b) cause minutes to be kept of general meetings of the body corporate and include therein a record of all unanimous resolutions ; (c) cause proper books of account to be kept in respect of all sums of money ireceived and expended by it and the matters in respect of which such receipt and expenditure take place ; (d) prepare proper accounts relating to all moneys of the body corporate, and the income and expenditure thereof, for each annual general meeting of the body corporate ; (e) on application of a member or of a mortgagee, of a unit or any person authorized in writing by either of them make the books of account and all minutes available for inspection at all reasonable times. 15. All acts done in good faith by the committee shall notwithstanding it be afterwards discovered that there was some defect in the appointment or continuance in office of any committeeman be as valid as if such committeeman had been duly appointed or had duly continued in office. 16. A general meeting of the body corporate to be called " the annual general meeting " shall in addition to any other meeting be held at least once in every calendar year and not more than fifteen months after the holding of the last preceding annual general meeting. The first annual general meeting of the body corporate shall be held within six months after registration of the plan of strata subdivision. 17. All general meetmgs of the body corporate other than armual general meetings shall be called extraordinary general meetings. 18. The committee may whenever it thinks fit and shall upon a requisition in writing made by members entitled to twenty-five per centum of the total unit entitlement of the units convene an extraordinary general meeting. FIRST

41 1967^ Strata Titles. No FIRST SCHEDULE continued. 19. Seven days' notice of every general meeting of the body corporate specifying the place, the date and the hour of meeting and in case of special business the general nature of such business shall be given to all members and to registered first mortgagees who have notified their interests to the body corporate but accidental omission to give such notice to any member or to any such mortgagee or non-receipt of such notice by any member or any such mortgagee shall not invalidate any proceedings at any such meeting. Any notice required to be given under this by-law shall be sufficiently given if sent by pre-paid letter posted to the person or corporation concerned at the last address of that person or corporation notified to the body corporate, or if no such address has been so notified at that person's last known place of abode, or in the case of a corporation registered under the Companies Act 1961 at its registered office or in the case of a corporation not so registered, at its principal place of business in Victoria, or where no place of abode, or principal place of business is known, at any address of that person or corporation as entered in the Register Book. 20. All business shall be deemed special that is transacted at an annual general meeting with the exception of the consideration of accounts and election of members to the committee, or at an extraordinary general meeting. 21. Save as in these by-laws otherwise provided, no business shall be transacted at any general meeting of the body corporate unless a quorum is present at the time "when the meeting proceeds to business. The persons entitled to exercise the voting power in respect of not less than one half of the units shall constitute a quorum. 22. If within one-half hour from the time appointed for a general meeting of the body corporate a quorum is not present the meeting shall stand adjourned to the same day in the next week at the same place and time and if at the adjourned meeting a quorum is not present within one-half hour from the time appointed for the meeting the persons entitled to vote present shall be a quorum. 23. At the commencement of a general meeting of the body corporate, the chairman of the meeting shall be elected. 24. Subject to section 31 of the Act at any meeting of the body corporate (a) where a unanimous resolution is required each member shall be entitled to exercise one vote ; (Jb) in all other cases one vote only shall be exercised in respect of each unit and that vote shall be exercisable only by the member registered as proprietor of that unit or where there are two or more members so registered as proprietors only by those members jointly provided that where there are successive registered interests in a unit the power of voting in respect of that unit shall be exercisable only by the member or members registered as the proprietor or proprietors of the first interest. 25. At any meeting of the body corporate a resolution by the vote of the meeting shall be decided by simple majority vote unless a poll is demanded by any person present and entitled to vote. Unless a poll is demanded a declaration by the chairman that a resolution has been carried shall be conclusive evidence of the fact without proof of the number or proportion of votes recorded in favour of or against such resolution. A demand for a poll may be withdrawn. 26. A poll if demanded shall be taken in such manner as the chairman thinks fit and the result of the poll shall be deemed to be the resolution of the meeting at which such poll was demanded. 27. Votes may be exercised personally or by proxy: Provided that two or more persons entitled to exercise one vote jointly may vote only by proxy jointly appointed by them who may be one of them. 28. Each vote shall be of equal value except where a poll is demanded or a special resolution proposed when the value of each vote shall correspond with the unit entitlement of the unit in respect of which it is exercised. 29. In the case of an equality in voting whether or not on a poll the chairman of the meeting shall be entitled to a casting vote. 30. Except where a unanimous resolution is required a power of voting in respect of a unit shall not be exercised unless all amounts accrued due and payable under this Act to the body corporate by the member have been duly paid. FIRST