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QLD Article

Strata Terminology Across Australia

Although there are strata communities across all states and territories in Australia, the legislation governing them and the language used to describe them differs. 

 

To relieve some confusion, we’ve outlined the common terms and their variations in our quick reference guide. 

 

Strata scheme

When you buy a property in a strata community, you own your individual lot (such as an apartment or townhouse) and share ownership of the common property, like driveways, gardens and onsite facilities. As an owner, you automatically become a member of the strata scheme.

 

Strata scheme is a generic term used for all types of strata, no matter which state you are in. The state where your unit is located determines what terminology is used when referring to the strata scheme.

 

A scheme is formed when a scheme statement is first registered and describes the land, building, assets and owners of the property. It’s given an identification number, eg SP1234.

 

State/Territory

Registered as

Collective members

Commonly known as

QLD

Community Titles Scheme (CTS)

Body Corporate

Body Corporate

VIC

Owners Corporation (OC)

Owners Corporation

Owners Corporation

WA

Strata Company (SC)

Strata Company

Strata Company

SA

Strata Corporation (SC)

Strata Corporation

Strata Corporation

NSW

Strata Plan (SP)

Owners Corporation

Strata Plan

ACT

Unit Plan (UP)

Owners Corporation

Unit or Strata Plan

NT

Unit Plan (UP)

Body Corporate

Unit Plan

TAS

Strata Corporation (SC)

Body Corporate

Body Corporate

 

Strata committee

 

The committee administers the day-to-day running of the strata scheme. Owners are elected to the committee at the Annual General Meeting (AGM) and hold their positions until the next AGM. Some members of the committee are elected to office bearer positions – Chairperson, Presiding Officer (SA), Secretary and Treasurer.

 

The committee and office bearers can be referred to differently depending on the state.

 

State/Territory

Term

QLD

Committee for Body Corporate

VIC

Committee

WA

Council of Owners

SA

Management Committee

NSW

Strata Committee

ACT

Executive Committee

NT and TAS

Committee of Management

 

Strata manager 

A strata manager helps the owners' corporation and/or committee run the strata scheme. The strata manager has a contract with the strata scheme and works in the owners’ collective interest. The strata manager typically manages the scheme’s meetings, legal compliance, and financial administration. 

 

The strata manager has only the powers given to it by the scheme, which may delegate any of its functions and powers to a strata manager.

 

State/Territory

Term

QLD, SA, NT and TAS

Body Corporate Manager

VIC

Owners Corporation Manager

WA

Strata Manager

NSW

Strata Managing Agent

ACT

Manager

 

Legislation

The state legislation sets out the rights and responsibilities of strata schemes and of the individual owners and occupiers. The legislation covers administrative functions, maintenance responsibilities, record-keeping, appointment and the role of the committee, financial management, insurance requirements and dispute resolution.

 

State/Territory

Legislation name

QLD

Body Corporate and Community Management Act (BC&CMA)

VIC

Owners Corporation Act

WA, SA and TAS

Strata Titles Act

NSW

Strata Schemes Management Act

ACT

Unit Titles (Management) Act

NT

Unit Titles Scheme Act

 

Information for prospective buyers 

When owners sell a lot, they must provide information to prospective buyers. This may include how much the levies are, the strata scheme’s bank account balance, and any major work planned or known defects. The amount of information required is dependent on the legislation requirements.

 

If the purchaser is borrowing money, they may also need to confirm the building and public liability insurances held by the strata scheme.  

 

State/Territory

Legislation section

QLD

Insurance Disclosure Statement – Sections 205 and 206

VIC

Owners Corporation Certificate – Section 151

WA

Section 107 Application for Certificate under Section 110

SA

Section 41 – Information to be furnished

NSW

Strata Information Certificate – Section 184

ACT

Unit Title Certificate – Section 119

NT

Disclosure Statement – Section 45

TAS

Section 83 (5) and (6) - Contributions

 

 

Financial contributions

The contribution or levy payable by each owner is proportionate to their unit entitlement. If levies aren’t paid, the owner may not be a financial member of the scheme and may not be able to vote at meetings.

 

Levies pay for things such as general administration, maintenance, gardening, cleaning, repairs and insurance.

 

The strata manager will generally establish and administer the bank account for the strata scheme, which may be split into different funds. In some states, this is mandatory. Examples of the funds are below.

 

  • Administration fund: This fund covers the strata scheme's everyday costs, such as maintaining common property, paying for insurance, and other regular costs such as electricity, water, carpet cleaning and garden maintenance.  

  • Sinking, Capital Works, or Maintenance fund. This fund covers the cost of major capital works or emergency repairs to common property, such as painting, repairs and installing sustainability infrastructure. In WA, this is known as the Reserve Fund.

Dispute resolution

Each state has a tribunal or government entity an owner can apply to if they have a dispute with the strata scheme. Civil and Administrative Tribunals exist in all states.

 

State/Territory

Tribunal

QLD

Queensland Civil & Administrative Tribunal (QCAT)

VIC

Victorian Civil & Administrative Tribunal (VCAT)

WA

State Administrative Tribunal (SAT)

SA

South Australian Civil & Administrative Tribunal (SACAT)

NSW

NSW Civil & Administrative Tribunal (NCAT)

ACT

ACT Civil & Administrative Tribunal (ACAT)

NT

Northern Territory Civil & Administrative Tribunal (NTCAT)

TAS

Tasmanian Civil & Administrative Tribunal (TASCAT)

 

Queensland also has the Commissioner for Bodies Corporate in the Justice Department, and in Tasmania, it’s the Recorder of Titles in the Department of Natural Resources and Environment.

 

We sincerely thank our Platinum Partners Body Corporate Brokers for this editorial.

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