Bill to Strengthen Strata Corporations Tabled in the House

A Bill to strengthen the ability of Strata Corporations to manage properties was tabled in the House of Representatives on October 22.

The Bill, Registration (Strata Titles) (Amendment) Act 2013, was tabled by Leader of Government Business in the House of Representatives and Minister of Science, Technology, Energy and Mining, Hon. Phillip Paulwell.

The Principal Act was amended in 2009, primarily to improve the ability of Strata Corporations to manage, control and administer common property and resolve disputes.

Since then, the provision requiring a Strata Corporation to first obtain vacant possession of the property before it is able to exercise the power of sale has caused problems.

According to the Memorandum of Objects and Reasons, this provision is “unreasonable and operates to counteract the effectiveness of the provisions of the Act to enforce against non-payment of maintenance charges.”

This Bill therefore seeks to remove the mandatory requirement that the Corporation apply to Court to obtain vacant possession.

It (Bill) also adds a new provision to allow for the production of a duplicate certificate of title for the purchaser, if the Strata Corporation has exercised its power of sale.

The opportunity is also being taken to Amend Section 5A of the Act to make it clear that the amount owing in maintenance contributions is that which is shown on the statement of account provided by the strata corporation.