AMENDMENT TO A STRATA PLAN

A strata plan registered by the Recorder of Titles under the Strata Titles Act 1998 may only be amended in accordance with the legislation.

A strata plan identifies the name and address of the scheme and the site, the vertical and horizontal boundaries of each lot, the common property, the allocation of general unit entitlements and the nature and allocation of any special unit entitlements.

Generally speaking; an amendment to a strata plan may require-

1. A unanimous resolution of all lot owners; or
2. An ordinary (majority) resolution of lot owners; or
3. The consent of the affected lot owner/s carrying out the amendment; and
4. The approval of the local Council.

 

1. Unanimous resolution

A unanimous resolution of a body corporate is required-

• To buy or sell common property
• To re-allocate unit entitlements amongst lots (the approval of Council is not required)

2. Ordinary resolution

An ordinary (majority) resolution of the body corporate is required-

• To change the by-laws (Council approval is not required and any scheme by-laws must permit such a change by ordinary resolution)
• To develop or divide a lot that requires an adjustment of boundaries between a lot and the common property, but with no disturbance of other lot owner’s unit entitlements

3. Affected lot owners consent

Only the consent of the affected lot owner/s is required-

• Where the amendment does not disturb the horizontal or vertical boundaries of a lot, or the common property, or the allocation of unit entitlements
• Where an owner’s lot is being divided without disturbing the horizontal or vertical boundaries of the lot, or any other owner’s lot, or the common property, or any other lot owner’s unit entitlements
• Where two lot owners exchange boundaries or unit entitlements without disturbing any other lot owner’s boundaries or unit entitlements
• Where the amendment is in accordance with a staged development scheme or a community development scheme

Each amendment to a strata plan has its own unique circumstances which may include a planning permit, building works, building approvals, survey amendments, documentation preparation and various lot owners’ consent.

 

A lot owner should consider seeking professional advice to negotiate their way through the process, as the above dot points are only a general guide.