(1) In this Act— accounting records means the accounting records required to be kept by an owners corporation under section 96.administrative fund of an owners corporation means the fund established by the owners corporation under section 73.aggregate unit entitlement of lots in a strata scheme means the sum of the unit entitlements of the lots.approved insurer means—
(a) a general insurer within the meaning of the of the Commonwealth, or Insurance Act 1973 (b) any other person prescribed by the regulations for the purposes of this definition. building , in relation to a strata scheme or a proposed strata scheme, means a building containing a lot or proposed lot, or part of a lot or proposed lot, in the scheme or proposed scheme.building management committee means a building management committee established for a building under a strata management statement for a strata scheme.building manager —see section 66.building manager agreement –see section 67.by-laws means the by-laws in force for a strata scheme.capital works fund of an owners corporation means the fund established by the owners corporation under section 74.change a by-law—see section 133.common property , in relation to a strata scheme or a proposed strata scheme, has the same meaning as it has in the. Strata Schemes Development Act 2015 common property rights by-law —see section 142.community scheme has the same meaning as it has in the. Community Land Development Act 2021 company nominee of a corporation means an individual for the time being authorised under section 154 (1) by the corporation.connected person —see section 7.covenant chargee of a lot or development lot in a leasehold strata scheme means a covenant chargee of a leasehold estate of the lot.damage policy —see section 160 (1).defective building work —see section 190.Department means the Department of Finance, Services and Innovation.developer of the strata scheme constituted on registration of a strata plan proposed under a development scheme means the person who, for the time being, is—
(a) the original owner of the strata scheme, or (b) a person, other than the original owner, who is the owner of a development lot within the strata plan. development lot means a lot in a strata plan or strata plan of subdivision that is identified by a strata development contract as a lot that is to be the subject of a strata plan of subdivision under the development scheme for the contract.development scheme means the scheme of development provided for, and represented by, a strata development contract.financial statements means the financial statements prepared by an owners corporation in accordance with Division 3 of Part 5.floor includes a stairway or ramp.freehold strata scheme has the same meaning as it has in the. Strata Schemes Development Act 2015 function includes a power, authority or duty, andexercise a function includes perform a duty.initial maintenance schedule means the schedule prepared by the original owner under section 115.initial period of an owners corporation of a strata scheme means the period—
(a) commencing on the day the owners corporation is constituted, and (b) ending on the day there are owners of lots in the strata scheme (other than the original owner) the sum of whose unit entitlements is at least one-third of the aggregate unit entitlement. interested person —see section 226.large strata scheme —see section 6.leasehold strata scheme has the same meaning as it has in the. Strata Schemes Development Act 2015 lessor of a leasehold strata scheme has the same meaning as it has in the. Strata Schemes Development Act 2015 local council , in relation to land, means—
(a) the council of the area under the in which the land is situated, or Local Government Act 1993 (b) a person declared by the regulations to be the local council for that land for the purposes of this Act or any specified provision of this Act. lot , in relation to a strata scheme, has the same meaning as it has in the. Strata Schemes Development Act 2015 minor renovations —see section 110.mortgage , in relation to a lot in a strata scheme, has the same meaning as it has in the. Strata Schemes Development Act 2015 mortgagee , in relation to a lot or development lot in a leasehold strata scheme, has the same meaning as it has in the. Strata Schemes Development Act 2015 occupier of a lot means a person in lawful occupation of the lot.officer of an owners corporation means the chairperson, secretary or treasurer of the owners corporation.on-site residential property manager means a real estate agent exercising on-site residential property manager functions within the meaning of the. Property and Stock Agents Act 2002 original owner —
(a) of a freehold strata scheme means the person who held the fee simple in the parcel the subject of that scheme when the strata plan for the scheme was registered, or (b) of a leasehold strata scheme means the person who, immediately after registration of the strata plan for the scheme, is entitled to a leasehold estate in all the lots in the scheme or is entitled to a leasehold estate in 2 or more lots in the scheme with total unit entitlements exceeding more than two-thirds of the aggregate unit entitlement of the lots in the scheme. owner of a lot in a strata scheme means—
(a) except as provided by paragraph (b) or (c), each person for the time being recorded in the Register as entitled to an estate in fee simple in the lot (in the case of a freehold strata scheme) or as entitled to a leasehold estate in the lot (in the case of a leasehold strata scheme), or (b) except as provided by paragraph (c), each person whose name is entered on the strata roll in accordance with section 178 as being entitled to an estate in fee simple in the lot (in the case of a freehold strata scheme) or as entitled to a leasehold estate in the lot (in the case of a leasehold strata scheme), or (c) each person who is taken by section 43 (1) of the to be the owner of the lot. Strata Schemes Development Act 2015 owners corporation means an owners corporation constituted under section 8 for a strata scheme.parcel means—
(a) in relation to a strata scheme, the land from time to time comprising the lots and common property in the scheme, and (b) in relation to a plan lodged for registration as a strata plan, the land comprised in that plan. part strata parcel has the same meaning as it has in the. Strata Schemes Development Act 2015 person present at a meeting includes a person who is not personally present but is able to vote at the meeting by another means specified under clause 28 of Schedule 1 or clause 10 of Schedule 2.planning approval means—
(a) a development consent within the meaning of the , or Environmental Planning and Assessment Act 1979 (b) an approval under Part 3A or Part 5.1 of that Act. positive covenant means a positive covenant imposed on land under section 88D or 88E of the. Conveyancing Act 1919 precinct scheme has the same meaning as it has in the. Community Land Development Act 2021 public authority means a public or local authority that is constituted by or under an Act.registered means registered in the office of the Registrar-General.registrar means a registrar of the Tribunal.retirement village has the same meaning as it has in the. Retirement Villages Act 1999 schedule of unit entitlement , in relation to a strata scheme, has the same meaning as it has in the. Strata Schemes Development Act 2015 Secretary means—
(a) the Commissioner for Fair Trading, Department of Finance, Services and Innovation, or (b) if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department of Finance, Services and Innovation. special resolution —see section 5.strata committee of an owners corporation means the strata committee of that owners corporation established under this Act.strata development contract has the same meaning as it has in the. Strata Schemes Development Act 2015 strata information certificate —see section 184 (1).strata interest notice —see section 22 (1).strata management statement has the same meaning as it has in the. Strata Schemes Development Act 2015 strata managing agent means a person appointed as the strata managing agent for a strata scheme.strata plan has the same meaning as it has in the. Strata Schemes Development Act 2015 strata roll for a strata scheme or a former strata scheme means the strata roll for that scheme established under Division 1 of Part 10.strata scheme means a freehold strata scheme or a leasehold strata scheme.sustainability infrastructure andsustainability infrastructure resolution —see section 132B.tenancy notice means a notice given to an owners corporation under section 258.tenant of a lot means a lessee, sublessee or assignee of a lot, but does not include an owner of the lot.the Register has the same meaning as it has in the. Real Property Act 1900 Tribunal means the Civil and Administrative Tribunal.unanimous resolution —see section 5.unfinancial owner means an owner of a lot in a strata scheme who has not paid all contributions levied on the owner that are due and payable, and any other amounts recoverable from the owner, in relation to the lot.unit entitlement of a lot in a strata scheme means the unit entitlement of the lot shown on the schedule of unit entitlement for the strata scheme.utility lot means a lot designed to be used primarily for storage or accommodation of boats, motor vehicles or goods and not for human occupation as a residence, office, shop or the like.wall includes a door, window or other structure dividing a lot—
(a) from common property or from another lot, or (b) if the lot is a lot in a part strata parcel—from any part of a building that is not within the parcel. Note— The contains definitions and other provisions that affect the interpretation and application of this Act. Interpretation Act 1987
(1) In this Act, a resolution of an owners corporation is a special resolution if—
(a) it is passed at a properly convened general meeting, and (b) of the value of votes cast—
(i) not more than 25% are against the resolution, or (ii) if the resolution is a sustainability infrastructure resolution—less than 50% are against the resolution.
(1) An owners corporation for a strata scheme may appoint a person who is the holder of a strata managing agent’s licence under the to be the strata managing agent of the scheme. Property and Stock Agents Act 2002
(1) If a strata managing agent has been delegated a function by an owners corporation and a breach of the duty by the owners corporation would constitute an offence under a provision of this Act, the agent is guilty of an offence under that provision (instead of the owners corporation) for any breach of the duty by the agent occurring while the delegation remains in force.
(1) A contribution, if not paid when it becomes due and payable, bears until paid simple interest at an annual rate of 10% or, if the regulations provide for another rate, that other rate. (2) Interest is not payable if the contribution is paid not later than one month after it becomes due and payable. (3) However, an owners corporation may by resolution determine (either generally or in a particular case) that a contribution is to bear no interest.
(1) The Tribunal may order the owner of a lot in the strata scheme, or other person, to pay a contribution that is payable by the owner or other person under this Act that is not paid at the end of 1 month after it becomes due and payable, together with any interest payable on that unpaid contribution and the reasonable expenses of the owners corporation incurred in recovering those amounts. (2) The Tribunal may make an order under subsection (1) only—
(a) on the application of the owners corporation, and (b) if proceedings between the owners corporation and the owner of a lot in the strata scheme or other person are pending before the Tribunal.
(1) Procedure for authorising changes to common property An owners corporation or an owner of a lot in a strata scheme may add to the common property, alter the common property or erect a new structure on common property for the purpose of improving or enhancing the common property. (2) Any such action may be taken by the owners corporation or owner only if a special resolution has first been passed by the owners corporation that specifically authorises the taking of the particular action proposed. Note— If the special resolution is a sustainability infrastructure resolution fewer votes may be needed to pass it. See section 5(1)(b).
(1) An agreement (including any additional term under an option to renew) for the supply of electricity, gas or any other utility with an owners corporation expires (if the term of the agreement does not end earlier or is not ended earlier for any other reason)—
(a) at the conclusion of the first annual general meeting of the owners corporation if the agreement was executed before the meeting, or (b) in any other case, 3 years after the date on which the agreement commenced.
(1) Each of the following has no force or effect to the extent that it would unreasonably prohibit the keeping of an animal on a lot—
(a) a by-law, (b) a decision by an owners corporation under a by-law. (2) It is taken to be reasonable to keep an animal on a lot unless the keeping of the animal unreasonably interferes with another occupant’s use and enjoyment of the occupant’s lot or the common property.
(1) An owners corporation may, in accordance with a special resolution of the owners corporation, change the by-laws of the strata scheme. Note— If the special resolution is a sustainability infrastructure resolution fewer votes may be needed to pass it. See section 5(1)(b).
(1) If the strata committee of an owners corporation gives a notice to a person who has possession or control of property (including records) of the owners corporation requiring the person to deliver the property to the strata committee, the person must, not later than 14 days after the notice is given, deliver that property to a member of the strata committee specified in the notice. Maximum penalty—20 penalty units.
(1) Persons who may inspect An owner, mortgagee or covenant chargee of a lot in a strata scheme, or a person authorised by the owner, mortgagee or covenant chargee, may request the owners corporation to allow an inspection to be carried out under this section.
(1) Persons who may request certificate An owner, mortgagee or covenant chargee of a lot in a strata scheme, or a person authorised by the owner, mortgagee or covenant chargee, may request the owners corporation for the strata scheme to give a certificate under this section (a strata information certificate ) in relation to a particular lot.(2) Form of request The request must be made by written notice given to the owners corporation and be accompanied by the fee prescribed by the regulations.
(1) The lessor or sub-lessor of a lot or common property in a strata scheme must give the tenant of the lot or common property a copy of the by-laws and any strata management statement affecting the lot or common property, not later than 14 days after the tenant becomes entitled to possession of the lot. Maximum penalty—5 penalty units.
(1) This Part applies to building work carried out on a building, or a part of a building, that is part of the parcel of a strata scheme, being work that is—
(a) residential building work, or (b) carried out on a building, or a part of a building, used or proposed to be used for mixed use purposes that include residential purposes. Note— The parcel of a strata scheme includes common property and lots in a strata scheme.
(1) On notification by a developer that the developer has not appointed a building inspector in accordance with section 194 or if the Secretary otherwise becomes aware that a developer has not done so, the Secretary—
(a) is to arrange for the appointment of a qualified person as a building inspector to carry out an inspection of, and to report on, the building work in accordance with this Part, and (b) must give written notice of the appointment to the developer and the owners corporation as soon as practicable after the appointment is made. Note— The regulations may provide for a fee for an appointment by the Secretary, see section 204.
(1) The developer of a strata scheme must give the Secretary a security (a building bond ), in terms acceptable to the Secretary, for building work to which this Part applies before an application is made for an occupation certificate under thefor any part of a building for which the building work was done. Environmental Planning and Assessment Act 1979
(1) The whole or part of the amount secured by a building bond may be claimed or realised by the Secretary for payment as follows—
(a) to the owners corporation to meet the costs of rectifying defective building work identified in the final report on the work, if the report identifies the defective building work, (b) to the owners corporation, with the consent of the developer, on application to the Secretary by the owners corporation and the developer, (c) to a building inspector to meet the costs of the inspector for an inspection or report under Division 2, (d) to a person who has prepared a report referred to in section 209A, to meet the developer’s share of the costs of obtaining the report. (1A) The amount that may be claimed or realised for payment under subsection (1) (a) is an amount that the owners corporation and developer have agreed should be paid or the amount determined by the Secretary. (2) An application under subsection (1) (b) must be made within the period prescribed by the regulations for the purposes of this section.
(1) Purposes for which bond amount may be used An owners corporation for a strata scheme that is paid the whole or part of an amount secured by a building bond must, within a reasonable time, use the amount paid—
(a) for or in connection with rectifying the defective building work identified in the final report (whether or not the work affects the common property or any other part of the parcel), or (b) for costs related to the rectification.
(1) The Tribunal may, on application, make an order requiring the occupier of a lot or part of a lot in a strata scheme or any other person to allow access to the lot or any other part of the parcel for the purpose of or in connection with an inspection under this Part or rectifying defective building work. (2) An application under subsection (1) may be made by an owners corporation, the developer, a building inspector or a person entitled to enter any part of a parcel of a strata scheme under section 203 or 206.
(1) The Secretary may recover from a developer, as a debt in a court of competent jurisdiction, any amount required to be secured by a building bond given by the developer to the Secretary under this Part if—
(a) the building bond has not been given to the Secretary, or (b) the building bond has been given to the Secretary but the amount secured by the building bond is less than the amount required under this Part. (2) An owners corporation may claim from the Secretary the whole or part of an amount recovered under this section for payment to the owners corporation.
(1) In this Division— authorised officer means—
(a) an employee of the Department for the time being appointed under this Division as an authorised officer, or (b) an investigator appointed under section 18 of the . Fair Trading Act 1987
(1) An authorised officer may, by notice in writing given to a person, require the person to furnish to the authorised officer any information or records (or both) that the authorised officer may require for an authorised purpose.
(1) An authorised officer may require a person whom the authorised officer suspects on reasonable grounds to have knowledge of matters in respect of which information is reasonably required for an authorised purpose to answer questions in relation to those matters.
(1) An authorised officer may apply to an issuing officer for a search warrant if the applicant believes on reasonable grounds that a provision of this Part or regulations made under this Part has been or is being contravened on premises.
(1) An authorised officer may, at any premises lawfully entered, do anything that in the opinion of the authorised officer is reasonably necessary to be done for an authorised purpose, including (but not limited to) the things specified in subsection (2). (2) An authorised officer may do any or all of the following—
(a) make any examinations and inquiries that the authorised officer considers necessary, (b) direct a person to produce records for inspection, (c) examine and inspect any records, (d) copy any records, (e) seize any thing that the authorised officer has reasonable grounds for believing is connected with an offence against this Part or regulations made under this Part, (f) do anything the authorised officer is empowered to do under this Division.
(1) An authorised officer who seizes anything under section 211J on any premises must issue the person apparently in charge of the premises with a written receipt for the thing seized.
(1) Right to apply for review An interested person may apply to the Secretary for a review of a reviewable decision. (2) The following persons are interested persons in relation to a reviewable decision—
(a) the developer of a strata scheme to which the decision is related, (b) the owners corporation of a strata scheme to which the decision is related, (c) the owner of a lot in a strata scheme to which the decision is related, (d) any other person prescribed by the regulations for the purposes of this section. (3) Reviewable decisions The regulations may prescribe decisions under this Part that are to be the reviewable decisions for the purposes of this section. (4) Applications An application for a review is to be made in accordance with the regulations. (5) Individuals who may carry out reviews An application for a review of a decision is to be dealt with by an individual other than the person who made the decision who is (if the reviewer is not the Secretary) approved by the Secretary.
Introductory note— This Part gives power to the Tribunal to make orders to settle disputes about certain matters relating to the operation and management of a strata scheme. It also contains general provisions about the powers of the Tribunal and some other order-making powers of the Tribunal. Initially, an application for an order is processed by the registrar. The registrar must refuse to deal with a matter if satisfied that mediation was appropriate and was not attempted. A person may either apply to the Secretary for mediation of a matter or make other arrangements for mediation. If mediation of a matter is unsuccessful or a matter is not appropriate for mediation, the registrar may accept the application for the order. The following table describes the types of orders that may be made and who may apply for them.
|
To do what? Who may apply? Section |
Orders relating to meetings and decisions of owners corporation |
To require original owner to provide things to owners corporation Owners corporation 17 |
To require meeting to be held Owner Owners corporation Mortgagee 20 |
To invalidate resolution or election Owner First mortgagee of lot 24 |
To nullify resolution of owners corporation on ground that person was denied vote or notice was not given Person entitled to vote on resolution 25 |
To require meeting to be held if no officers or committee after first AGM Owner Mortgagee Covenant chargee 48 |
Orders relating to covenants and other restrictions |
To waive, vary or extinguish restriction relating to initial period or to authorise any matter to be done in relation to the waiving, varying or extinguishing of such a restriction Owners corporation Original owner Owner 27 |
To comply with obligation imposed by positive covenant Authority having benefit of positive covenant 234 |
To refrain from breaching restriction on use of utility lot Owners corporation Lessor of leasehold strata scheme Owner Occupier of lot 235 |
To refrain from breaching restriction on use of utility lot within area of local council Relevant local council 235 |
Orders relating to strata managing agents and building managers |
To terminate strata managing agent or building manager agreement or make other order about an agreement Owners corporation 72 |
To appoint strata managing agent Person who obtained order under this Act that imposed duty on owners corporation or office holder that has not been complied with Person having estate or interest in lot or, in the case of leasehold strata scheme, lease of lot Authority having benefit of positive covenant that imposes duty on owners corporation Judgment creditor to whom owners corporation owes judgment debt 237 |
Orders relating to contributions and funds |
To allocate payment of surplus money Owners corporation Covenant chargee Owner Mortgagee 77 |
To alter amount of contributions Owners corporation Lessor of leasehold strata scheme Owner Mortgagee in possession 82 |
To prevent owners corporation charging interest for late payment of contribution Owner 85 |
To require original owner to compensate for inadequate estimates/contributions Owners corporation Owner 89 |
Orders relating to property |
To require occupier of lot to allow owners corporation to enter lot Owners corporation 124 |
To get consent to existing or proposed alterations or repair of common property Lessor of leasehold strata scheme Owner 126 |
To declare work to be cosmetic work or minor renovation Owner 127 |
To direct owner to lodge documents under section 19 of Strata Schemes Development Act 2015 Owners corporation Lessor of leasehold strata scheme Owner 128 |
To require owner to comply with window safety device obligation Owners corporation 129 |
To require owners corporation to carry out window safety device function Interested person (other than owners corporation) 129 |
To require owners corporation to dispose of personal property Owner 130 |
To prevent owners corporation acquiring personal property Owner 130 |
To require owners corporation to acquire personal property Owner 130 |
To use specified common property for specified purposes Owner 131 |
To require owner or occupier to repair damage or compensate for damage Owners corporation 132 |
To reallocate unit entitlements Owners corporation Lessor of leasehold strata scheme Owner of lot (whether or not development lot) Local council Public authority or statutory body representing the Crown, that is empowered to impose a rate, tax or other charge by reference to a valuation of land 236 |
Orders relating to by-laws |
To revoke amendment to by-laws, revive repealed by-law or repeal new by-law Person entitled to vote on motion relating to by-law Lessor of leasehold strata scheme 148 |
To change by-law conferring exclusive rights or privileges over common property Owners corporation Lessor of leasehold strata scheme Owner Interested person 149 |
To invalidate by-law Person entitled to vote on motion relating to by-law Lessor of leasehold strata scheme 150 |
Order relating to keeping of animals |
To require removal of animal wrongly kept on lot Interested person 156 |
To allow person to keep animal on lot Owner Occupier 157 |
To remove animal causing nuisance or hazard Interested person 158 |
To terminate nuisance, hazard or unreasonable nuisance caused by animal Interested person 158 |
Orders relating to insurance |
To adjust proportion of insurance premium to be paid Person liable to pay premium 162 |
To exempt from requirement to insure Person required to insure 172 |
To require person to make or pursue insurance claim Owner Lessor of a leasehold strata scheme Sublessee in a leasehold strata scheme Person in whom is vested estate in fee simple or a leasehold estate (in case where part of building is included in part strata parcel) of part of building not included in part strata parcel 174 |
To require insurance to be taken out Owner Enrolled mortgagee or person having interest in lot Lessor of leasehold strata scheme Sublessee of common property in a leasehold strata scheme Person in whom is vested estate in fee simple or a leasehold estate (in case where part of building is included in part strata parcel) of part of building not included in part strata parcel Authority having benefit of a positive covenant affecting building or site 175 |
Orders relating to records of owners corporation |
To allow owners corporation to enter information on strata roll Owners corporation Owner Person having or acquiring estate or interest in lot 187 |
To require owners corporation, strata managing agent or office holder to supply records or documents for inspection Person entitled to inspect records or documents 188 |
Orders relating to defective building work |
To permit access to lot for inspection or building work Owners corporation Developer Building inspector Person entitled to enter Secretary 211 |
To specify contract price Owners corporation Developer Secretary 211 |
General orders for settlement of disputes |
To resolve dispute or complaint Interested person Original owner Building manager 232 |
To resolve dispute between contiguous strata schemes Owners corporation 233 |
Orders relating to strata committee |
To remove person from strata committee Interested person 238 |
To remove person from office Interested person 238 |
To prohibit strata committee from determining a matter Interested person 238
(1) Tribunal may make order allocating unit entitlements The Tribunal may, on application, make an order allocating unit entitlements among the lots that are subject to a strata scheme in the manner specified in the order if the Tribunal considers that the allocation of unit entitlements among the lots—
(a) was unreasonable when the strata plan was registered or when a strata plan of subdivision was registered, or (b) was unreasonable when a revised schedule of unit entitlement was lodged at the conclusion of a development scheme, or (c) became unreasonable because of a change in the permitted land use, being a change (for example, because of a rezoning) in the ways in which the whole or any part of the parcel could lawfully be used, whether with or without planning approval. (2) Matters to be taken into consideration In making a determination under this section, the Tribunal is to have regard to the respective values of the lots and to such other matters as the Tribunal considers relevant. (3) Persons who may apply for order An application for an order under this section may be made by any of the following—
(a) an owner of a lot (whether or not a development lot) within the parcel for the strata scheme, (b) the owners corporation, (c) the lessor, in the case of a leasehold strata scheme, (d) the local council, or by any other public authority or statutory body representing the Crown, being an authority or body that is empowered to impose a rate, tax or other charge by reference to a valuation of land.
(1) Order appointing or requiring the appointment of strata managing agent to exercise functions of owners corporation The Tribunal may, on its own motion or on application, make an order appointing a person as a strata managing agent or requiring an owners corporation to appoint a person as a strata managing agent—
(a) to exercise all the functions of an owners corporation, or (b) to exercise specified functions of an owners corporation, or (c) to exercise all the functions other than specified functions of an owners corporation. (2) Order may confer other functions on strata managing agent The Tribunal may also, when making an order under this section, order that the strata managing agent is to have and may exercise—
(a) all the functions of the chairperson, secretary, treasurer or strata committee of the owners corporation, or (b) specified functions of the chairperson, secretary, treasurer or strata committee of the owners corporation, or (c) all the functions of the chairperson, secretary, treasurer or strata committee of the owners corporation other than specified functions. (3) Circumstances in which order may be made The Tribunal may make an order only if satisfied that—
(a) the management of a strata scheme the subject of an application for an order under this Act or an appeal to the Tribunal is not functioning or is not functioning satisfactorily, or (b) an owners corporation has failed to comply with a requirement imposed on the owners corporation by an order made under this Act, or (c) an owners corporation has failed to perform one or more of its duties, or (d) an owners corporation owes a judgment debt.
(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence. (2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.
(1) Application of section This section applies to a notice or other document required or authorised under this Act or the by-laws to be given by the Secretary, the Tribunal, an owners corporation, the lessor of a leasehold strata scheme, the original owner, a strata committee, the secretary of an owners corporation or a strata managing agent and is subject to the other provisions of this Act. (2) Service on occupier of lot A notice or other document may be given to the occupier of a lot—
(a) by post at the address of the lot, or (b) by leaving it at the address of the lot with a person apparently of or above the age of 16 years, or (c) by sending it by electronic transmission to an address nominated by the occupier of the lot as an address for the service of documents.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(1) If an owners corporation has only one owner, the seal of the owners corporation must be kept by the owner or by the strata managing agent of the owners corporation. (2) If an owners corporation has 2 or more owners, the seal of the owners corporation must be kept—
(a) by an owner, or member of the strata committee, that the owners corporation determines is to keep the seal or, in the absence of a determination, by the secretary of the owners corporation, or (b) by the strata managing agent of the owners corporation.
(1) The seal of an owners corporation that has only one owner or 2 owners must not be affixed to any instrument or document except in the presence of the owner or owners or the strata managing agent of the owners corporation. (2) The seal of an owners corporation that has more than 2 owners must not be affixed to any instrument or document except in the presence of—
(a) 2 persons, being owners of lots or members of the strata committee, that the owners corporation determines for the purpose or, in the absence of a determination, the secretary of the owners corporation and any other member of the strata committee, or (b) the strata managing agent of the owners corporation. (3) The strata managing agent must attest the fact and date of the affixing of the seal—
(a) by his or her signature, or (b) if the strata managing agent is a corporation, by the signature of the president, chairperson or other principal officer of the corporation or by any member of staff of the corporation authorised to do so by the president, chairperson or other principal officer. (3A) The seal of the owners corporation may be affixed physically or electronically.
(Section 23)
(Section 40)