Strata Title
A management statement is a document which contains by-laws.
These by-laws are prepared by the original proprietor so that the document can be lodged at the Department of Land Administration with the strata plan or survey-strata plan and are then registered together.
The type of by-laws which can be included within a management statement are referred to in Schedule 2A of the Act.
A management statement cannot be registered after the strata plan has been registered.
The by-laws as contained within the management statement do not have to be approved at a general meeting. They exist as soon as the document is registered.
Source: Understanding Strata Titles by John Angus
As the term implies, the resolution cannot be achieved at a general meeting even if only one proprietor objects, either at the meeting or if not in attendance personally or by proxy, in writing within 28 days after the meeting.
This resolution is most frequently used when amendments are required to the Schedule 1 by-laws of the strata company.
For example, if an exclusive use by-law or a lease of common property is required, a resolution without dissent is necessary.
Proprietors do not have to be financial to vote.
Source: Understanding Strata Titles by John Angus
Common property means all the land and buildings outside the boundaries of the lot but contained within the external boundaries of the original parcel as depicted on the strata plan.
In larger complexes common property is likely to include the building structures and land surrounding.
Contrary to the understanding of many, common property is not owned by the strata company as such, but by all the proprietors together, as tenants-in-common in proportion to their respective unit entitlement.
Source: Understanding Strata Titles by John Angus
On the few occasions an unanimous resolution is required, all proprietors are required to vote and must vote in the affirmative.
Like a resolution without dissent, those proprietors not attending the meeting or who did not provide a proxy for the meeting shall have 28 days to make up their minds.
Mortgagees must also be given the opportunity to vote in which case they would replace the proprietor in the voting process.
Source: Understanding Strata Titles by John AngusPurple Title refers to land held as Tenants in Common, the shares being in the same number as the units.
Separate title may be issued for each unit. The land cannot be divided or partitioned though because of the “unity of possession".
The sketch and lot number is for the whole of the land in the plan or diagram.
The Certificate of Title states the number of undivided shares contained and the sketch of the land used to be shaded purple - thus "purple title".
A special resolution means that when passing the resolution at a general meeting there must be at least 50 per cent of lot proprietors who hold a minimum of 50 per cent of unit entitlement voting for the motion.
It cannot be 25 per cent or more lot proprietors, or proprietors of a lot with 25 per cent or more of their respective unit entitlement, voting against the motion, either at the meeting or, if not either in attendance personally or by proxy, in writing within 28 days after the meeting.
This form of resolution is required in certain circumstances, for example if amendments are to be made to the Schedule 2 by-laws of the strata company.
The Act will nominate if a special resolution is required.
Proprietors must be financial in order to vote.
Source: Understanding Strata Titles by John Angus
The rules, ordinances, regulations or codes are referred to as 'by-laws' and are set out in schedules, referred to as 'Schedule 1' and 'Schedule 2' within the Strata Titles Act.
They are the rules of the strata company designed for the well-being of those who live within the complex and the operation and function of the strata company.
By-laws automatically come into force upon registration of the strata company and are referred to as standard or statutory by-laws.
By-laws can be amended, added to or repealed.
Source: Understanding Strata Titles by John Angus
Strata Title originated in Australia and is a means whereby ownership in part of a building is held or transferred.
A Strata Title is most often used in the case of home units or a block of flats, although this is increasing in the case of commercial office property.
The land in a Strata Title comprises the strata below and above the surface of the land as well as fixtures. The fact that land includes airspace above the surface is the concept which underlies the modern Strata Title.
A strata plan of subdivision also divides the airspace above the surface, i.e. it divides vertically as well as horizontally.
The strata plan of subdivision is a plan of the home unit building.
Common property is owned by a body corporate created by the legislation and comprising all of the lot owners.
By definition, this form of resolution means a simple majority of proprietors who have paid all due levies at the time of the meeting, when voting on the issues being considered.
This form of resolution is all that is required to conduct the normal business of general meetings and council meetings.
For example, when accepting the previous year's income and expenditure reports and minutes or approving income and expenditure budgets for the future year, an ordinary resolution is all that is required.
That is, if there are 10 proprietors represented at the meeting who collectively constitute the quorum, only six are required to vote in favour of the motion to achieve the simple majority.
Source: Understanding Strata Titles by John Angus