Strata Titles Act 1998 (the Act) was introduced in 1998. The Act was
intended to provide a framework for the development of land by way of strata
titles, including staged development schemes and community development schemes,
and the regulation of day to day living and administration of strata
In light of a review of the Act, amendments are being undertaken
in three tranches. The review provides an opportunity to ensure that the
legislative framework effectively supports the strata industry, particularly
lot owners, whilst providing an appropriate level of regulation and achieving
the right balance between the rights of lot owners and tenants and the
responsibilities associated with community living.
Tranche 1 reforms
Tranche 1 reforms involve the planning and day to day management of strata title developments and establishes a mechanism for developing and applying different regulatory schemes depending on the size, use and configuration of strata title developments. Tranche 1 of the reforms covers several categories of the proposed changes including but not limited to:
- Regulation of different types of strata title developments
- Improvements to strata plan requirements
- Identification of common property
- Information management by bodies corporate, e.g., access to body corporate information and records
- Maintenance plan requirements
- Introduction of disclosure and management statements
- Dispute resolution processes for strata disputes
- Enforcement of body corporate by-laws
- Meeting procedures to suit modern practices.
Tranche 1 reforms - development
Work has continued to progress on tranche 1 reforms of the Strata Titles Act 1998, including but not limited to identifying and reviewing key areas of reform following the 2020-2021 consultations. The complexity of the reforms requires the Department to ensure that the reforms developed are suitable and relevant to current and future strata living in Tasmania.
A draft Amendment Bill is being prepared. A consultation period will follow to review the draft Amendment Bill providing an opportunity for interested stakeholders to provide feedback.
Please note that the Strata Living in Tasmania brochure remains a current reference point for use. It will be updated in due course as work progresses on these reforms to ensure that it remains current.
Tranche 2 reforms
Tranche 2 reforms involve providing solutions to complex issues that require further consultation with key stakeholders including the local government and peak bodies representing solicitors, conveyancers, strata managers and surveyors. Some of the issues to be addressed in this phase of reforms include:
- Subordinate legislation to be introduced following the introduction of tranche 1 reforms
- Requirements for protection of information e.g., membership rolls, body corporate records
- List of matters for which special unit entitlements may be allocated.
Tranche 3 reforms
Tranche 3 reforms involve reforms that are beyond the scope of the Act and will invoke including the separation of the Act and delegation of powers for certain functions under the Act. Some of the issues to be addressed under this phase of reform include:
- Regulatory framework for strata managers
- Regulatory framework to address the role of councils in issues such as plan approvals
- Implementation of subordinate regulation
Bodies of authority to govern various aspects of strata title regulation i.e. dispute resolution.