Standard Definitions

Strata Titles Act 1985 Standard Definitions

“building” means a building or buildings shown on a strata plan;

“common property” means —

(a) so much of the land comprised in a strata plan as from

time to time is not comprised in a lot shown on the plan;

(b) any leasehold interest acquired by a strata company

under section 18; and

(c) the lot or lots shown on a survey-strata plan as

common property;

 

“council” means the council of a strata company constituted or

deemed to have been constituted under this Act;

 

“floor plan” means a plan, consisting of one or more sheets,

which —

(a) defines by lines (in paragraph (c) referred to as “base

lines”) the base of each vertical boundary of every

cubic space forming the whole of a proposed lot, or

the whole of any part of a proposed lot, to which the

plan relates;

(b) shows —

(i) the floor area of any such cubic space; and

(ii) where any such cubic space forms part only of

a proposed lot, the aggregate of the floor areas

of every cubic space that forms part of the

proposed lot;

and

(c) where proposed lots or parts thereof to which the plan

relates are superimposed on other proposed lots or

parts thereof to which the plan relates —

(i) shows the base lines in respect of the

proposed lots or parts thereof that are so

superimposed separately from those in respect

of the other proposed lots or parts thereof

upon which they are superimposed; and

(ii) specifies, by reference to floors or levels, the

order in which that superimposition occurs;

 

“land” means land that is under the operation of the Transfer of

Land Act 1893 and held by the registered proprietor of the

land in fee simple;

 

“licensed surveyor” means a surveyor licensed under the

Licensed Surveyors Act 1909;

 

“licensed valuer” means a licensed valuer licensed under the

Land Valuers Licensing Act 1978;

 

“local government” means the local government of the district

in which the parcel in question is situated;

 

“location plan”, in relation to a strata plan, means a plan,

consisting of one or more sheets, which relates to land and

delineates the perimeter of that land and, in relation to that

perimeter, the location of any building erected on that land

and of any proposed lots or part of proposed lots not within

any such building;

 

“lot”, in relation to a strata scheme, means one or more cubic

spaces forming part of the parcel to which a strata scheme

relates, the base of each such cubic space being designated

as one lot or part of one lot on the floor plan forming part

of the strata plan, plan of re-subdivision or plan of

consolidation to which that strata scheme relates, being in

each case, but subject to section 3AB, cubic space the base

of whose vertical boundaries is as delineated on a sheet of

that floor plan and which has horizontal boundaries as

ascertained under subsection (2), but does not include any

structural cubic space except where —

(a) the boundaries of the cubic space are fixed under

section 3AB; or

(b) the boundaries are not so fixed and that structural

cubic space —

(i) has boundaries described in accordance with

the regulations; and

(ii) is shown in that floor plan as part of a lot;

 

“lot”, in relation to a survey-strata scheme, means land that is

shown as a lot consisting of one or more parts on the plan

for that scheme, but does not include —

(a) a lot shown as common property; or

(b) land shown as being set aside for a road or reserve;

 

“occupier” in relation to a lot, means a person in lawful

occupation of that lot;

 

“open space” means the area of a lot that is not occupied by

any building and is to be calculated in such manner as is

prescribed;

 

“original proprietor” in relation to a scheme, means the person

by whom the parcel that is the subject of that scheme is

held in fee simple at the time of registration of the

strata/survey-strata plan to which the scheme relates;

 

“parcel” means the land comprised in a strata/survey-strata

plan;

 

“plot ratio”, in relation to a lot or parcel, means the ratio of the

gross total of the areas of all floors in any building on the

lot or parcel to the area of the lot or parcel, and is to be

calculated in such manner as is prescribed;

 

“prescribed” means prescribed by regulations;

 

“proprietor” means the person who is for the time being

registered under the Transfer of Land Act 1893 as

proprietor of an estate in fee simple or an estate for life in a

lot;

 

“resolution without dissent” means a resolution that complies

with sections 3AC and 3C and also has the meaning given

by section 3CA;

 

“scheme” means a strata scheme or a survey-strata scheme;

 

“single tier strata scheme” means a strata scheme —

(a) in which no lot or part of a lot is above or below

another lot; or

(b) which comes within paragraph (a) except for any lot

that has a permitted boundary deviation;

 

“special resolution” means a resolution that complies with

sections 3B and 3C and also has the meaning given by

section 3CA;

 

“strata company” means a body corporate constituted under

section 32 whether for a strata scheme or a survey-strata

scheme;

 

“strata/survey-strata plan” means a strata plan or a

survey-strata plan;

 

“strata plan” has the meaning given by section 4(1a);

 

“strata scheme” means —

(a) the manner of division, from time to time, of a parcel

into lots or into lots and common property under a

strata plan and the manner of the allocation, from

time to time, of unit entitlements among the lots; and

(b) the rights and obligations, between themselves, of

proprietors, other persons having proprietary interests

in or occupying the lots and the strata company, as

conferred or imposed by this Act or by anything done

under the authority of this Act and as in force from

time to time;

 

“survey-strata scheme” means —

(a) the manner of division, from time to time, of a parcel

into lots or into lots and common property under a

survey-strata plan and the manner of the allocation,

from time to time, of unit entitlements among the

lots; and

(b) the rights and obligations, between themselves, of

proprietors, other persons having proprietary interests

in or occupying the lots and the strata company, as

conferred or imposed by this Act or by anything done

under the authority of this Act;

 

 

“unanimous resolution” means —

(a) a resolution that is passed unanimously at a duly

convened general meeting of the strata company —

(i) of which at least 14 days’ notice specifying

the proposed resolution has been given; and

(ii) at which all persons entitled to exercise the

powers of voting conferred under this Act are

present and vote, either personally or by proxy;

or

(b) a resolution that is passed unanimously at a duly

convened general meeting of the strata company by

every person entitled to exercise the powers of voting

conferred under this Act who is present and votes

either personally or by proxy and agreed to, in

writing signed by him, within 28 days after the day of

the meeting by every other person who was entitled

to exercise the powers of voting conferred under this

Act at the meeting, or by every person who at the

time of his signature was entitled to exercise those

powers in place of such other persons;

 

“unit entitlement” in respect of a lot, means the unit

entitlement of that lot shown on the schedule of unit

entitlement registered with the Registrar of Titles;