A strata title is usually associated with townhouses, units and commercial property such as shops or warehouses. A strata plan divides the land into units owned by individuals and common areas which are jointly shared and owned by all titleholders in the group. The boundaries of a strata title are defined by reference to parts of the building and not by reference to surveyed land measurements.
The strata corporation formed on deposit of the plan in the Lands Titles Office consists of the current owners of the units in the scheme. The strata corporation’s functions include the administration and maintenance of the common property and enforcement of the articles (rules) of the corporation. The unit entitlements which are annexed to the strata plan determine the share unit owners contribute to insurance and other fees collected by the corporation.
Meetings and voting
The Strata Titles Act 1988 requires the strata corporation to hold meetings at least once a year to ensure the strata scheme is adequately insured and to discuss other matters as required by the law. Each unit owner has one vote and where a unit is owned by two or more people this vote is shared between them.
The Strata Titles Act 1998 requires strata schemes to comply with the articles as set out in Schedule 3 of the Strata Titles Act 1988. These can be changed by special resolution at a strata meeting. Any changes to the articles must be noted in the strata meeting minutes and lodged with the Lands Titles Office.
Articles can include:
- not keeping pets or animals at the property
- maintaining your unit in good condition
- not obstructing the common areas
- not using the unit for illegal purposes.
Dealing with a dispute
If you are having a problem with another unit owner your strata corporation may be able to help you. If you are having a problem with a disruptive neighbour see General advice for coping with a disruptive neighbour.
If you are in dispute with your strata corporation you can contact Community Mediation Services. They may be able to act as a neutral third party to help you resolve the issue. If mediation is not successful you can apply to the Magistrates Court to decide the matter.
There is no government agency to oversee the management of strata titles or to resolve disputes.
- Land Services SA
- SAILIS - The South Australian Integrated Land Information System (SAILIS) has up to date information about land and property titles in South Australia.
- Information about strata titles - Law Handbook
- Changes to community and strata titles legislation - Attorney-General's Department
- Strata Titles legal guide - Legal Services Commission
For an alternative version of these documents contact Land Services.