Terms used
3 Terms used
In this Act unless the contrary intention appears —
2, 3, 4 or 5‑lot scheme means a strata titles scheme in which there are, respectively, 2, 3, 4 or 5 lots;
address for service — see section 215;
ADI means an authorised deposit‑taking institution within the meaning given in the Banking Act 1959 (Commonwealth) section 5(1);
administrative fund — see section 100(1)(a);
administrator of a strata company means a person appointed by the Tribunal as an administrator of the strata company under section 205;
amendment of a strata titles scheme —see section 12(2);
amendment in relation to common property or a lot in a strata titles scheme — see subsection (7);
approved form — a document, evidence or information is in an approved form only if it is in the form approved under the regulations or Transfer of Land Act requirements and it complies with any requirements of the regulations or Transfer of Land Act requirements;
assistance animal has the meaning given in the Disability Discrimination Act 1992 (Commonwealth) section 9(2);
associate — 2 persons are associates if —
1 is the spouse or de facto spouse of the other; or
1 is the child or grandchild of the other; or
they have a parent or grandparent in common; or
they are partners; or
they are directors of the same body corporate; or
1 is employed by the other; or
1 is a body corporate and the other is a director, officer or employee of the body corporate or a person who is otherwise in a position to control or substantially influence the conduct of the body corporate; or
they are bodies corporate and the same person is a director of both bodies corporate;
Authority means the Western Australian Land Information Authority established by the Land Information Authority Act 2006 section 5;
building includes structure;
capital value has the meaning given in the Valuation of Land Act 1978 section 4(1);
chairperson of a general meeting of a strata company means the person presiding at the meeting;
chairperson of a strata company means the member of the council of the strata company holding office as the chairperson of the strata company;
Commissioner of Titles means the person holding or acting in the office of the Commissioner of Titles under the Transfer of Land Act 1893;
common property — see section 10;
common property (utility and sustainability infrastructure) easement means an easement under section 64;
conduct by‑laws for a strata titles scheme —
means scheme by‑laws (other than governance by‑laws) dealing with —
the conduct of an owner or occupier of a lot in the scheme or of any other person on the land subdivided by the scheme; or
the management, control, use or enjoyment of a lot or common property in the scheme;
and
includes the following —
scheme by‑laws set out in Schedule 2;
scheme by‑laws that deal with any of the following —
landscaping requirements to be observed by owners of lots;
the maintenance of water, sewerage, drainage, gas, electricity, telephone and other services;
insurance of the common property;
safety and security;
procedures for the resolution of disputes;
scheme by‑laws classified by the regulations as conduct by‑laws;
contract means a contract, agreement or document that legally binds a person, whether conditionally or unconditionally;
contributions means the levies imposed on owners of lots by a strata company to raise amounts for payment into its administrative fund or reserve fund under section 100;
council means the governing body of a strata company;
cubic space — see subsection (3);
designated interest means —
a registered mortgage; or
a registered lease; or
a caveat recorded under the Transfer of Land Act 1893; or
the interest of a judgment creditor named in a property seizure and sale order registered under the Transfer of Land Act 1893 section 133; or
the interest of a person named in a memorial registered under the Transfer of Land Act 1893 as having a statutory right requiring the consent of the person to any dealing with the land; or
a plantation interest registered under the Transfer of Land Act 1893; or
a carbon covenant registered under the Transfer of Land Act 1893;
development has the meaning given in the Planning and Development Act 2005 section 4(1);
disability has the meaning given in the Disability Discrimination Act 1992 (Commonwealth) section 4(1);
disposition statement — see section 222;
electronic address means —
an email address; or
anything included in this definition by the regulations;
encumbrance has the meaning given in the Transfer of Land Act 1893 section 4(1);
exclusive use by‑laws — see section 43(1);
expiry day for a leasehold scheme — see section 8(3)(c);
financial year for a strata company means —
if the scheme by‑laws are silent on the matter, the period of 12 months ending on 30 June; or
if the scheme by‑laws specify a period of 12 months ending on a different date as the financial year for the scheme, the period specified in the by‑laws;
first mortgagee of a lot in a strata titles scheme means a registered mortgagee who is first entitled in priority and who has given written notice of the mortgage to the strata company for the scheme;
floor includes a stairway or ramp;
floor area of a cubic space means the area occupied on a horizontal plane by the base of that cubic space;
floor plan means a plan for a strata scheme, consisting of 1 or more sheets, which —
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 lot, or the whole of any part of a lot, to which the plan relates; and
shows —
the floor area of any such cubic space; and
if any such cubic space forms part only of a lot, the aggregate of the floor areas of every cubic space that forms part of the lot;
and
if lots or parts of lots to which the plan relates are superimposed on other lots or parts of lots to which the plan relates —
shows the base lines in respect of the lots or parts of lots that are so superimposed separately from those in respect of the other lots or parts of lots on which they are superimposed; and
specifies, by reference to floors or levels, the order in which that superimposition occurs;
Note for this definition:
Also see subsections (2) to (4).
freehold scheme — see section 8(2);
Note for this definition:
A freehold scheme may be a strata scheme or a survey‑strata scheme depending on how the lots are defined: see section 9.
fundamental covenant or condition — see section 52(1)(b);
governance by‑laws for a strata titles scheme —
means scheme by‑laws dealing with —
the governance of the scheme; or
the subdivision or development of the land subdivided by the scheme (other than a matter of landscaping); or
exclusive use of common property in the scheme;
and
includes the following —
scheme by‑laws set out in Schedule 1;
leasehold by‑laws;
staged subdivision by‑laws;
exclusive use by‑laws;
scheme by‑laws made under a planning (scheme by‑laws) condition;
scheme by‑laws setting out architectural requirements designed to control or preserve the essence or theme of development;
scheme by‑laws that specify plot ratio restrictions or open space requirements;
scheme by‑laws affecting the provision of, or payment for —
internal fencing on the parcel; or
fencing to which the Dividing Fences Act 1961 applies;
scheme by‑laws for a 3, 4 or 5‑lot scheme that exempt the strata company from a designated function under section 140;
scheme by‑laws that deal with —
the constitution or procedures of the council of the strata company; or
the officers of the strata company; or
the procedures of a general meeting of the strata company; or
the organisation of the affairs of the strata company; or
contributions, levies or money payable by the owner of a lot in the scheme to the strata company; or
the carrying on of a business or trading activity by the strata company or the method of distributing and sharing any profit or loss;
scheme by‑laws classified by the regulations as governance by‑laws;
infrastructure includes public or private access ways, lifts, swimming pools, gymnasiums, shared carparks, loading bays other recreational facilities, infrastructure for utility services and other fixtures and, in each case, associated equipment;
infrastructure contract — see section 64(1)(a);
infrastructure owner — see section 64(3);
insurable asset of a strata titles scheme —
means —
the common property of the scheme (including the fixtures and improvements on the common property); or
the parts of scheme buildings that comprise lots in the scheme (including the paint and wallpaper); or
anything included in this definition by the regulations;
but
does not include —
fixtures or improvements on the common property that are not themselves common property; or
carpet and temporary wall, floor and ceiling coverings in a scheme building; or
fixtures removable by a lessee at the expiration of a tenancy; or
anything excluded from this definition by the regulations;
interim development order has the meaning given in the Planning and Development Act 2005 section 4(1);
item registered or recorded for a strata titles scheme — see section 58(5);
Note for this definition:
For example, an item may comprise an estate, interest, right, encumbrance, notification, memorial or caveat.
judicial member has the meaning given in the State Administrative Tribunal Act 2004 section 3(1);
key document in relation to a subdivision of land by a strata titles scheme (including a stage of subdivision) means each of the following —
the application for registration of the scheme or amendment of the scheme to give effect to the subdivision and everything that accompanies the application;
the scheme documents, or amendments of the scheme documents, as registered for the subdivision;
planning approvals for the subdivision and development associated with the scheme;
occupancy permits and building approval certificates under the Building Act 2011 relating to development associated with the subdivision;
official notices relating to the subdivision or development associated with the subdivision;
specifications, diagrams and drawings relating to the parcel or a building on the parcel (including any specifications, diagrams and drawings that show utility conduits, utility infrastructure or sustainability infrastructure);
warranty documents and operational and servicing manuals for infrastructure that ought reasonably to be given to the strata company;
certificates and schedules relating to the insurance required for, or relating to, the scheme taken out or arranged by the scheme developer of the subdivision;
any contracts for the provision of services or amenities to the strata company or to members of the strata company entered into or arranged by the scheme developer for the subdivision or by the strata company;
any leases or licences over the common property of the scheme;
accounting records and other documents that ought reasonably to be given to the strata company;
anything included in this definition by the regulations;
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;
lease of a lot includes a sublease of the lot, but does not, in a leasehold scheme, include the strata lease for the lot;
leasehold by‑laws — see section 40;
leasehold scheme — see section 8(3);
Note for this definition:
A leasehold scheme may be a strata scheme or a survey‑strata scheme depending on how the lots are defined: see section 9.
legally qualified member has the meaning given in the State Administrative Tribunal Act 2004 section 3(1);
licensed surveyor has the meaning given in the Licensed Surveyors Act 1909 section 3;
licensed valuer has the meaning given in the Land Valuers Licensing Act 1978 section 4;
local government means a local government, regional local government or regional subsidiary;
local planning scheme has the meaning given in the Planning and Development Act 2005 section 4(1);
location plan for a strata scheme means a plan, consisting of 1 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 lots or part of lots not within any such building;
lot in a strata scheme means 1 or more cubic spaces forming part of the parcel subdivided by the strata scheme, the base of each such cubic space being designated as 1 lot or part of 1 lot on the floor plan forming part of the strata plan or an amendment of the strata plan being, in each case, 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 if that structural cubic space —
has boundaries described in accordance with the regulations; and
is shown in that floor plan as part of a lot;
Note for this definition:
Schedule 2A provides for a special rule about the definition of lot in a single tier strata scheme.
lot in a survey‑strata scheme means land that is shown as a lot consisting of 1 or more parts on the plan for that scheme;
member of a strata company — see section 14(8);
member of the council of a strata company includes a person appointed under scheme by‑laws to act as a member of the council;
monetary order has the meaning given in the State Administrative Tribunal Act 2004 section 3(1);
mortgage includes a charge for securing money or money’s worth;
mortgagee of a lot in a leasehold scheme includes a mortgagee or chargee of the strata leasehold estate in the lot;
notifiable variation means —
a type 1 notifiable variation; or
a type 2 notifiable variation;
occupier of a lot means a person who occupies the lot on a temporary or permanent basis (either solely or jointly with other persons) and includes a person who is unlawfully in occupation of a lot;
officer of a strata company means —
the chairperson of the strata company; or
if, under the scheme by‑laws, the strata company has a secretary, the secretary of the strata company; or
if, under the scheme by‑laws, the strata company has a treasurer, the treasurer of the strata company;
on common property in relation to infrastructure means situated in or on common property;
open space means the area of a lot that is not occupied by a building, calculated in accordance with the regulations;
order to act means an order of the Tribunal that —
is not a monetary order; and
requires a person to take specified action or to refrain from taking specified action;
ordinary resolution of a strata company — see section 123;
original proprietor of a strata titles scheme means the person registered under the Transfer of Land Act 1893 as the proprietor of an estate in fee simple in a parcel immediately before it is subdivided by a strata titles scheme;
owner of a leasehold scheme means the person registered under the Transfer of Land Act 1893 as the holder of the freehold reversion in the land that comprises the parcel (being an interest that will revert to an estate in fee simple on the expiry or termination of the scheme);
owner of a lot means —
for a lot in a freehold scheme —
a person who is registered under the Transfer of Land Act 1893 as the proprietor of an estate in fee simple in the lot; or
if the fee simple is divided into a life estate with a remainder or reversionary interest — a person who is registered as the proprietor of a life estate in the lot to the exclusion of the proprietor of the remainder or reversionary interest in the lot; or
if a mortgagee is in possession of the lot — the mortgagee to the exclusion of the persons referred to in the preceding paragraphs;
or
for a lot in a leasehold scheme —
a person who is registered under the Transfer of Land Act 1893 as the proprietor of a strata leasehold estate in the lot; or
if a mortgagee is in possession of the lot — the mortgagee to the exclusion of a person referred to in the preceding paragraph;
parcel means the land subdivided by a strata titles scheme;
planning approval means an approval of the subdivision of land or development required under this Act or the Planning and Development Act 2005, and includes the approval or endorsement of approval of the Planning Commission on a scheme plan or amendment of a scheme plan;
Planning Commission means the Western Australian Planning Commission established under the Planning and Development Act 2005;
planning (scheme by‑laws) condition means a condition of a planning approval requiring a strata titles scheme to have specified scheme by‑laws, which may include by‑laws that provide that they cannot be amended or repealed without the approval of the Planning Commission, each local government in whose district the parcel is situated or some other specified body (such as a government agency or a utility service provider);
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;
present at a meeting of a strata company — see section 131;
President has the meaning given in the State Administrative Tribunal Act 2004 section 3(1);
proponent of a termination proposal — see section 173;
Register has the meaning given in the Transfer of Land Act 1893 section 4(1);
registered lease means a lease registered under the Transfer of Land Act 1893;
registered mortgage means a mortgage or charge (including a statutory charge) registered under the Transfer of Land Act 1893;
Registrar of Titles means the person holding or acting in the office of the Registrar of Titles under the Transfer of Land Act 1893;
replacement value of an insurable asset means —
the amount required to rebuild, replace, repair or restore the asset so that, on completion of the work, the asset is no less extensive and in no worse condition than when the asset was new; and
the amount required for costs of demolition, site clearance and the remuneration of architects, surveyors, engineers and other persons whose services are necessary for the rebuilding, replacement, repair or restoration of the asset;
reserve fund — see section 100(2)(a);
resolution without dissent of a strata company — see section 123;
restricted use condition — see section 32(2)(a);
Note for this definition:
An example of a restricted use is use of a strata titles scheme as a retirement village.
schedule of unit entitlements for a strata titles scheme means the schedule of unit entitlements registered, or proposed to be registered, for the scheme as a scheme document;
scheme building means a building shown on a strata plan and by reference to which the boundaries of lots are defined;
scheme by‑laws for a strata titles scheme means the scheme by‑laws registered, or proposed to be registered, for the scheme as a scheme document;
Note for this definition:
Scheme by‑laws may be governance by‑laws or conduct by‑laws.
scheme developer —
for the initial subdivision of a parcel by registration of a strata titles scheme, the original proprietor of the scheme is the scheme developer; and
for a subsequent subdivision of land by registration of an amendment of a strata titles scheme to which staged subdivision by‑laws apply, the owners of lots that are, on registration of the amendment, subdivided by that subdivision together constitute the scheme developer;
scheme dispute — see section 197;
scheme document — see section 12;
scheme function for a strata titles scheme means —
a function of the strata company; or
a function of the council of the strata company; or
a function of an officer of the strata company;
scheme notice for a strata titles scheme means the scheme notice registered, or proposed to be registered, for the scheme as a scheme document;
scheme participant — see section 197(2);
scheme plan for a strata titles scheme means the strata plan or survey‑strata plan registered, or proposed to be registered, for the strata titles scheme as a scheme document;
settlement date for a contract for the purchase and sale of a lot means —
the date on which the purchase price, or the balance of the purchase price, for the lot is paid in exchange for documents that enable the buyer to be registered as the owner of the lot; or
if the contract for the lot is a terms contract within the meaning given in the Sale of Land Act 1970 section 5, the date on which the buyer becomes entitled to possession or occupation of the lot;
short form easement or restrictive covenant — see section 33(1);
site value has the meaning given in the Valuation of Land Act 1978 section 4(1);
special common property — see section 43(1);
special lot — see section 43(1);
special resolution of a strata company — see section 123;
staged subdivision by‑laws — see section 42;
statutory easement means an easement under Part 5 Division 3;
strata company means a body corporate established under section 14 on registration of a strata titles scheme;
strata lease for a lot in a leasehold scheme means the lease registered, or proposed to be registered, for the lot as a scheme document;
strata leasehold estate means a leasehold estate held under a strata lease;
strata management contract — see section 144(1)(a);
strata manager — see section 143(1);
strata plan means a scheme plan for a strata scheme;
strata scheme — see section 9;
strata title — see section 13;
strata titles scheme means —
a strata scheme; or
a survey‑strata scheme;
Note for this definition:
Section 7 describes the abstract concept of a strata titles scheme and what such a scheme is designed to achieve. Section 9 sets out how the boundaries of lots in a strata titles scheme may be defined. If there is a scheme building divided into lots, the scheme is a strata scheme. If the lots are defined without reference to a building, the scheme is a survey‑strata scheme. No matter how the boundaries are defined, the scheme may be either a freehold scheme or a leasehold scheme reflecting the 2 types of tenure described in section 8.
structural cubic space means —
cubic space occupied by a vertical structural member, not being a wall, of a building; or
utility conduits in a building; or
cubic space enclosed by a structure enclosing utility conduits,
but does not include utility conduits that are for the exclusive use or enjoyment of 1 lot;
Note for this definition:
Schedule 2A provides for a special rule about the definition of structural cubic space for single tier strata schemes.
subdivision of land by a strata titles scheme — see section 11;
survey‑strata plan means a scheme plan for a survey‑strata scheme;
survey‑strata scheme — see section 9;
sustainability infrastructure means infrastructure that is designed or is likely to avoid, remedy or mitigate adverse effects on the environment;
Examples for this definition:
Sustainability infrastructure includes solar panels, clothes lines and rainwater tanks.
take, taken and taking have, in Part 11 Division 2, the meanings given in the Land Administration Act 1997 Part 9;
temporary common property means land leased by a strata company under section 92 and registered as temporary common property in the strata titles scheme as a result of inclusion in the description of temporary common property in the scheme plan;
termination infrastructure report — see section 179(2);
termination proposal — see section 174(1);
termination resolution — see section 182;
termination valuation report — see section 179(3);
Transfer of Land Act requirements means requirements determined under the Transfer of Land Act 1893 section 182A;
Tribunal means the State Administrative Tribunal;
type 1 notifiable variation means any of the following that occur after a contract for the sale and purchase of a lot in a strata titles scheme is entered into but before the settlement date for the contract —
the area or size of the lot or proposed lot is reduced by 5% or more from the area or size notified to the buyer before the buyer entered into the contract;
the proportion that the unit entitlement, or a reasonable estimate of the unit entitlement, of the lot bears to the sum of the unit entitlements of all the lots is increased by 5% or more, or decreased by 5% or more, from the proportion that the unit entitlement, or the estimate of the unit entitlement, of the lot notified to the buyer before the buyer entered into the contract bears to the sum of the unit entitlements of all the lots as so notified;
anything relating to a proposal for the termination of the strata titles scheme is served on the seller by the strata company;
any other event classified by the regulations as a type 1 notifiable variation;
type 2 notifiable variation means any of the following that occur after a contract for the sale and purchase of a lot in a strata titles scheme is entered into but before the settlement date for the contract and that do not give rise to a type 1 notifiable variation —
the scheme plan, or proposed scheme plan or amendment of the scheme plan, for the strata titles scheme is modified in a way that affects the lot or the common property;
the schedule of unit entitlements, or proposed schedule of unit entitlements or amendment of the schedule of unit entitlements, for the strata titles scheme is modified in a way that affects the lot;
the scheme by‑laws, or proposed scheme by‑laws, are modified;
the strata company or a scheme developer —
enters into a contract for the provision of services or amenities to the strata company or to members of the strata company or a contract that is otherwise likely to affect the rights of the buyer; or
varies an existing contract of that kind in a way that is likely to affect the rights of the buyer;
a lease, licence, right or privilege over the common property in the strata titles scheme is granted or varied;
any other event classified by the regulations as a type 2 notifiable variation;
Note for this definition:
For when an amendment of a strata titles scheme affects a lot or common property see subsection (7).
type 1 subdivision means —
the addition of land from outside the parcel of a strata titles scheme to common property in the scheme (but not including temporary common property); or
the conversion of a lot in a strata titles scheme to common property in the scheme;
type 2 subdivision means the removal from the parcel of a strata titles scheme of land comprised of common property;
type 3 subdivision means a consolidation of 2 or more lots in a strata titles scheme into 1 lot in the scheme (not affecting common property in the scheme);
type 4 subdivision means a subdivision that does not involve the alteration of the boundaries of the parcel and is not a type 1, type 2 or type 3 subdivision;
Note for the definitions of types of subdivision:
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