Body Corporate Conference

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Body Corporate Conference WorkshopState
Overview Tasmania
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ISSUES FOR THE REVIEW OF STRATA TITLES ACT 1998

• Disclosure in contracts
• Definition of unanimous resolution
• Definition of developer
• Use of the term lot for stratas
• Strata lots or staged development scheme
• on vacant land
• A re-write of Section 31 .
• Compulsory amendments when buildings are
  altered.

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ISSUES FOR THE REVIEW OF STRATA TITLES ACT 1998

• Staged Development Scheme process.
• Activation of the body corporate after first
  sales
• Additional legislative requirements for
• bodies corporate
• Restricted powers of referee
• Labelling of common property for defined use.
• Competing rights and obligations over
• common property
• A review of the current Model By-laws

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SECTION 16 - UNIT ENTITLEMENTS

• (1) Each lot created by a plan has a unit
  entitlement
• (2) A unit entitlement
• May be a general unit entitlement operating
• for all the purposes of this Act or
• May be a special unit entitlement operating
• for any one or more of the following
  purposes

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SECTION 16 - SPECIAL UNIT ENTITLEMENTS

• For fixing the
• Proportionate contribution
• Proportionate interest in the common property
• Number of votes at a general meeting
• Proportion of the body corporate's income

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SECTION 16 - SPECIAL UNIT ENTITLEMENTS

• If a lot has a special unit entitlement it must
  also
• have a general unit entitlement
• A unit entitlement must be a whole number.
• The unit entitlement entitlement may vary
• from lot to lot.
• Unit entitlements must be fixed on a fair and
• equitable basis.

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SECTION 17 - CHANGING UNIT ENTITLEMENTS

• Unit entitlements may be changed by
• Unanimous resolution
• Order of the Recorder (fair equitable)
• Agreement of owners affected

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Rational to Support Schedule of Unit Entitlements
Residential A Basic residential lot of similar
space and use Residential B Penthouses of greater
floor space and value than Residential
A Residential C Being of less floor space and
value than Residential A Commercial A Equivalent
to half Residential A Commercial B Equivalent to
half Residential A, but acknowledging premium
access to commercial areas Basement/Storage
Areas Minimal commercial value and floor area
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