Part 1 Definitions
accounting records means the accounting records required to be kept by an owners corporation under section 103.
Adjudicator means a Strata Schemes Adjudicator appointed under Part 2 of Chapter 6.
administrative fund of an owners corporation means the fund established by that owners corporation under section 66.
aggregate unit entitlement of lots the subject of a strata scheme means the sum of the unit entitlements of those lots.
approved insurer means a person, or a person belonging to a class of persons, approved by the Minister under section 95.
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 of a proposed lot the subject of that scheme or proposed scheme.
building management committee, in relation to a strata scheme, means the building management committee established under the strata management statement for the scheme.
by-laws for a strata scheme means the by-laws in force in respect of the strata scheme.
caretaker means a person described in section 40A as a caretaker.
common property means so much of a parcel as from time to time is not comprised in any lot.
company nominee of a corporation means the individual, if any, for the time being authorised under section 122 by the corporation.
covenant chargee, in relation to a lot in a leasehold strata scheme, means a covenant chargee of a lease of the lot.
Deputy Registrar means a Deputy Registrar of the Tribunal.
developer, in relation to the strata scheme constituted on registration of the strata plan proposed under a development scheme, means the person who, for the time being, is:
(a) the original owner, 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 (not being a lot in a stratum parcel) 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.
development scheme means the scheme of development provided for, and represented by, a strata development contract.
Director-General means the Director-General of the Department of Fair Trading.
District Court means the District Court of New South Wales.
enrolled mortgagee of a lot the subject of a freehold strata scheme or a lease of a lot the subject of a leasehold strata scheme means a person notice of whose mortgage has been given to the owners corporation for that strata scheme and whose name has been entered on the strata roll for that strata scheme as a mortgagee of that lot or lease, but does not include such a person:
(a) during any period during which the rights of the person as mortgagee, under that mortgage are, by reason of a sub-mortgage, suspended, or
(b) whose rights, as mortgagee, under that mortgage have, by reason of any other instrument, terminated,
if particulars of that sub-mortgage or other instrument have been entered on the strata roll for that strata scheme.
executive committee of an owners corporation means the executive committee of that owners corporation.
exercise a function includes perform a duty.
financial institution means a bank, building society or credit union.
financial statements means the financial statements prepared by an owners corporation in accordance with section 106.
floor includes a stairway or ramp.
function includes a power, authority or duty.
initial period, in relation to an owners corporation, means the period commencing on the day on which that owners corporation is constituted and ending on the day on which there are owners of lots the subject of the strata scheme concerned (other than the original owner) the sum of whose unit entitlements is at least one-third of the aggregate unit entitlement.
interested person, in relation to a freehold strata scheme, means any of the following:
(a) the owners corporation for the strata scheme,
(b) the chairperson, secretary or treasurer of the owners corporation (or of the executive committee of the owners corporation) of the strata scheme,
(c) a strata managing agent for the strata scheme,
(d) an owner of a lot in, a person having an estate or interest in a lot in, or an occupier of a lot in, the strata scheme.
interested person, in relation to a leasehold strata scheme, means any of the following:
(a) the owners corporation for the strata scheme,
(b) the chairperson, secretary or treasurer of the owners corporation (or of the executive committee of the owners corporation) of the strata scheme,
(c) a strata managing agent for the strata scheme,
(d) the lessor of the strata scheme,
(e) an owner or sublessee of, a person having any other estate or interest in, or an occupier of, a lot in the strata scheme.
interested person, in relation to a strata scheme for a stratum parcel, includes the following:
(a) the owners corporation or a strata managing agent for, an owner of a lot in, a person having any other estate or an interest in a lot in, or an occupier of a lot in, any other strata scheme affecting the building,
(b) any other person for the time being bound by the strata management statement for the building.
interim order means an order under section 170.
large strata scheme has the meaning given by clause 5 of Part 2.
local council, in relation to land, means the council of the area under the
Local Government Act 1993 in which the land is situated.
mortgage, in relation to a freehold strata scheme, means a charge, other than a statutory interest or a covenant charge, on a lot for securing money or money’s worth.
mortgage, in relation to a leasehold strata scheme, means a charge, other than a statutory interest or covenant charge, on a lease of a lot for securing money or money’s worth.
mortgagee of a lot in a leasehold strata scheme means a mortgagee of a lease of the lot.
occupier of a lot means any person in lawful occupation of the lot.
original owner means:
(a) in relation to a freehold strata scheme, the person by whom the parcel the subject of that scheme was held in fee simple at the time of registration of the strata plan to which the scheme relates, or
(b) in relation to a leasehold strata scheme, the person who, immediately after registration of the strata plan concerned is the lessee of all the lots the subject of the scheme or the lessee of 2 or more of those lots (the sum of whose unit entitlements is more than two-thirds of the aggregate of the aggregate unit entitlement).
owner of a lot in a freehold strata scheme means:
(a) except as provided by paragraph (b), a person for the time being recorded in the Register as entitled to an estate in fee simple in that lot, or
(b) a person whose name has been entered on the strata roll as an owner in accordance with section 98.
owner of a lot in a leasehold strata scheme means:
(a) except as provided by paragraph (b) or (c), a person for the time being recorded in the Register as entitled to a leasehold estate in the lot, or
(b) a person whose name has been entered on the strata roll as a lessee in accordance with section 98, or
owners corporation means an owners corporation constituted under section 11.
parcel means:
(a) except as provided in paragraph (b), the land from time to time comprising the lots and common property the subject of a strata scheme, and
(b) in relation to a plan lodged for registration as a strata plan, the land comprised in that plan.
positive covenant means a positive covenant imposed on land under section 88D or 88E of the
Conveyancing Act 1919.
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 in accordance with this Act.
Registrar means the Registrar of the Tribunal.
schedule of unit entitlement:
sinking fund of an owners corporation means the fund established by the owners corporation under section 69.
special resolution means a resolution which is passed at a duly convened general meeting of an owners corporation and against which not more than one-quarter in value, ascertained in accordance with clause 18 (2) and (3) of Part 2 of Schedule 2, of votes is cast.
statutory interest means a charge or other proprietary interest, created by this or any other Act or by any Act of the Parliament of the Commonwealth, affecting a lot or common property and enforceable against an owner for the time being or the owners corporation, whether or not it has been recorded in the Register.
strata development contract means:
strata management statement in relation to a strata scheme, means the strata management statement in force for the time being in respect of that strata scheme and registered under:
strata roll, in relation to a strata scheme or a strata scheme which has been terminated, means the roll referred to in section 98 which relates to that scheme.
strata scheme means a freehold strata scheme or a leasehold strata scheme.
Supreme Court means the Supreme Court of New South Wales.
unanimous resolution means a resolution which is passed at a duly convened general meeting of an owners corporation and against which no vote is cast.
unit entitlement of a lot means the unit entitlement of the lot shown on the schedule of unit entitlement.
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 from common property or from another lot.
Dictionary: Am 1997 No 55, Sch 1.23 [17]–[20]; 1998 No 168, Sch 4.8 [2]; 1999 No 81, Sch 3.7; 2000 No 93, Sch 1.27 [19] [20]; 2001 No 56, Sch 2.40 [13] [14]; 2001 No 82, Sch 7.20 [6]; 2002 No 109, Sch 1 [17]; 2004 No 9, Sch 1 [58] [59] (am 2004 No 55, Sch 2.38); 2005 No 64, Sch 1.40 [2]; 2008 No 38, Sch 1 [8] [9]; 2008 No 53, Sch 18 [5].