Strata Schemes Management Act 2015 No 50
Current version for 1 July 2020 to date (accessed 10 July 2020 at 07:58)
Part 11 Division 1
Division 1 Preliminary
189   Definitions
In this Part—
building bond—see section 207 (1).
building inspector—see section 193 (1).
contract price means the price determined as the contract price in accordance with the regulations.
developer means the developer of the strata scheme by whom or on whose behalf building work to which this Part applies was carried out.
final report means a report prepared under section 201.
interim report means a report prepared under section 199.
residential building work has the same meaning as it has in the Home Building Act 1989.
190   Interpretation provisions—building work
(1)  In this Part—
builder responsible for defective building work means—
(a)  the person (the principal contractor) who contracted to do the building work and who contracted with another person (a subcontractor) to do the work for the principal contractor, or
(b)  the principal contractor, if the principal contractor did not contract with a subcontractor to do the work.
building work means any work involved in, or involved in co-ordinating or supervising any work involved in—
(a)  the construction of a building, or
(b)  the making of alterations or additions to a building, or
(c)  the repairing, renovation, decoration or protective treatment of a building.
defective building work means building work that—
(a)  is residential building work done in such a way that it constitutes a breach of a statutory warranty applicable to the work under Part 2C of the Home Building Act 1989, or
(b)  is building work done in such a way that it would constitute such a breach if the building work were residential building work.
(2)  For the purposes of this Part, the completion of building work to which this Part applies occurs on the date specified for the completion of residential building work for the construction of a new building for a strata scheme in the Home Building Act 1989 (whether or not the work is residential building work) or on the occurrence of some other event that is prescribed by the regulations as constituting completion of the work.
191   Building work to which Part applies
(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.
(2)  This Part applies to building work only if the building work was carried out for the purposes of, or contemporaneously with, the registration of a strata plan or a strata plan of subdivision of a development lot.
(3)  This Part does not apply to building work if the work is subject to the requirement to obtain insurance under Part 6 of the Home Building Act 1989 in relation to the work or is not subject to that requirement only because the contract price does not exceed the amount referred to in section 92 (3) of the Home Building Act 1989.
(4)  The regulations may prescribe additional building work to which this Part does not apply.
(5)    (Repealed)
192   Owners corporation decisions
The approval or consent of an owners corporation under this Part is to be given by a resolution of the owners corporation at a general meeting.
Note.
 A resolution at a meeting is to be determined by a simple majority (see clause 14 (1) of Schedule 1). A developer, or lessor of a leasehold strata scheme, is not entitled to vote, or exercise a proxy vote, on a matter concerning building defects (see clause 15 of Schedule 1).