for everything you need to know about strata...
"When dealing with Strata matters, you'll come across lots and lots of jargon, terms and 'legalese'. There's so much that even some of those well-versed in strata can have trouble getting through it on occasions. In this Strata Dictionary of Terms I've provided some brief descriptions for the most commonly used ones and lots of links back to more detailed information. So I'm sure they'll help you to navigate through the 'strata terminology' soup. Hope it helps a little in some way. Oh, and if there's a term that I've missed - and I'm sure there are plenty - let me know and I'll add it in"
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COMMONLY USED STRATA TERMS & JARGON - A Strata Dictionary
Alphabetical index
[A] [B] [C] [D-F] [G-L] [M-O] [P-R] [S] [T-Z]
A
ADMINISTRATIVE FUND
A fund, under the control of the Owners Corporation, used to cover all the 'day-to-day' and 'regular' expenses of the scheme such as electricity, gardening, cleaning, insurance premiums, routine repairs and maintenance of common property, strata management fees and disbursements, etc. The money for this fund comes from the quarterly Levies.
NOTE: Additional information on the Administrative Fund can be found on the Levies & Special Levies information page.
AGENDA
A list of motions or issues to be voted upon or discussed at a meeting.
AGGREGATE UNIT ENTITLEMENT
The total of all the individual lot unit entitlements in the Strata Scheme. See also Total Unit Entitlement and Unit Entitlement.
AGM
A commonly used acronym for Annual General Meeting.
ANNUAL GENERAL MEETING (AGM)
A meeting of owners and other interested parties (as noted on the strata roll) that must be convened once a year under the Strata Schemes Management Act 2015. Also see General Meeting.
NOTE: Learn all about Annual General Meetings on my Meetings information page.
B
BY-LAWS
A set of rules the residents (owners and tenants) in the strata or community scheme must abide by. Also see Model By-laws.
NOTE: Additional information on By-Laws can be found on the By-Laws information page.
BUDGET
An estimate of future receipts and payments likely to occur in the coming year for a scheme. This estimate is prepared by the Strata Committee or the Strata Managing Agent and is based essentially on the historical costs of the scheme.
BUILDING MANAGER
The 'official' term for the person previously referred to as the "Caretaker". The term "caretaker" was changed in the Strata Scheme Management Act 2015 which came into effect on November 30th, 2016. A Building Manager (also sometimes referred to as a Resident Manager) is usually On-Site and is generally associated with the larger schemes. A Building Manager primarily assists the Owners Corporation with the running and maintenance of the day-to-day issues of the scheme.
NOTE: If the building manager also acts as an On-site Residential Property Manager to handle rental of properties for lot owners, they must be licenced under the Property, Stock and Business Agents Act 2002.
The effect of having a Building Manager involved is similar to a scheme opting for a Record Keeping contract where the Strata Managing Agent looks after everything except the maintenance and compliance of the scheme's common property.
NSW Fair Trading's fact sheet on the Building Managers provides a lot of great detail while Section 66 - Building Managers and Section 68 - Term of Appointment of Building Managers and Section 70 - Functions of Building Manager of the NSW Strata Schemes Management Act 2015 provide the 'official' stuff.
C
CAPITAL WORKS FUND
Previously known as the Sinking Fund, this fund is under the control of the Owners Corporation and is used to cover major 'renewal, repair or replacement' works for the scheme including such things as window archbar replacement or repair, concrete cancer rectification, roofing replacement, common property painting, stairwell carpet replacement, structural problem rectification, balcony problems, unexpected emergencies, etc. The money for this fund comes from the quarterly Levies. See also Capital Works Fund Plan.
NOTE: Additional information on the Capital Works Fund can be found on the Levies & Special Levies information page.
NSW Strata Schemes Management Act 2015 sections dealing with the Capital Works Fund
CAPITAL WORKS FUND PLAN
The Capital Works Fund Plan is a 10-year plan detailing how any future major 'renewal, repair or replacement' works for the scheme will be funded and over what time frame - and the plan is the 'schedule' for this. The Owners Corporation is responsible for preparing, creating, reviewing and implementing this plan. (Refer to Section 80: Owners Corporation to prepare 10-year CWF plan for details)
A full review of the CWFP must be done every 5 years. The 10-year plan must be put in as an item on the Annual General Meeting agenda each year (for discussion and updating if needed). The money for expected works is held in the Capital Works Fund and comes from the quarterly Levies.
See also Capital Works Fund.
NOTE: Additional information on the Capital Works Fund Plan can be found on the Levies & Special Levies information page.
CARETAKER
The term "caretaker" was replaced by Building Manager in the latest round of legislative changes which came into effect on November 30th, 2016.
CERTIFICATE OF TITLE
A title deed issued "electronically" by the NSW Land Registry Services (LRS) to prove ownership of a lot. The Owners Corporation is also issued with a title deed for the common property. See also Common Property Title.
Also refer to the LRS web page on Changes to the Land Title System for details on the electronic system now in place.
CHAIRPERSON
One of the 3 main officers of the Strata Committee, the other 2 being the Secretary and the Treasurer.
NOTE: Learn more about the Chairperson on my Strata Committee Meetings information page.
COMMON PROPERTY
The area of land and part of a building in the strata plan which does not form part of any lot.
NOTE: Read all about Common Property on my Common Property facts sheet.
COMMON PROPERTY RIGHTS
This term replaced the term Exclusive Use in the Strata Schemes Management Act 2015 and is a special right granted to an owner to use a part of the common property - for example: exclusive use of a car space located on common property.
Full details of the 'ins and outs' of Common Property Rights (including the by-law associated with it) can be found in Sections 142 to 145 of the SSMA 2015.
COMMON PROPERTY TITLE
The title deed issued "electronically" by the NSW Land Registry Services (LRS) department to prove ownership of the Common Property in a Strata scheme. This is provided to the Owners Corporation upon registration and contains some very valuable information including any registered By-laws, other Dealings (e.g. easements) and the latest Unit Entitlement schedule for the scheme.
Also refer to the LRS web page on Changes to the Land Title System for details on the electronic system now in place.
COMMON SEAL
Also known as the Seal of Owners Corporation. This is the stamp an Owners Corporation uses to indicate its official agreement to something. The stamp must show the Owners Corporation's distinctive number, which contains the registration number of the strata plan. The seal is styled as "The Owners - Strata Plan nnnnnn" and must be affixed whenever the Owners Corporation executes a document.
Refer to Affixing of Seal of Owners Corporation (Section 273) AND Persons who may keep Seals of Owners Corporations (Section 273) of the SSMA 2015 for more complete details.
COMMUNITY MANAGEMENT STATEMENT
A statement that's registered with a Community plan as a register of the by-laws and other particulars governing participation in the management of a Community scheme.
NOTE: Additional information on Community schemes can be found on the Community & Neighbourhoods information page.
COMPANY NOMINEE
A person, authorised by a company in writing, to vote at meetings on its behalf.
COMPANY TITLE
A system of shared ownership in a company where the only asset is the block of units. A person becomes entitled to live in a unit in a company titled residential building by acquiring shares in an incorporated company or association that owns the building. The purchase of shares in the company or association normally gives the shareholder a contractual right to occupy and exclusively use or lease out (with conditions) a specified part or parts of the building - such as a unit and/or car space – along with the right to use other parts of the property in common with other shareholders.
NOTE: Additional information on Company Title can be found on my What is Strata? information page.
COVENANT CHARGEE
a person or legal entity holding an agreement which imposes certain obligations or restrictions over a property.
CTTT
A commonly used acronym for the OLD NSW Consumer, Trader and Tenancy Tribunal REPLACED by the NSW Civil & Administrative Tribunal (NCAT). See also Tribunal and NCAT.
D-F
EGM
A commonly used acronym for Extraordinary General Meeting.
EXECUTIVE COMMITTEE (EC)
The Strata Committee REPLACED the Executive Committee in the latest round of legislative changes which came into effect on November 30th, 2016 under the Strata Schemes Management Act 2015.
NOTE: Additional information on Strata Committees can be found on the Strata Committee information page.
EXECUTIVE COMMITTEE MEETING (ECM)
The Strata Committee Meeting REPLACED the Executive Committee Meeting in the latest round of legislative changes which came into effect on November 30th, 2016 under the Strata Schemes Management Act 2015.
NOTE: Read all about Strata Committee Meetings on my Meetings information page.
EXCLUSIVE USE
This term was replaced by Common Property Rights in the Strata Schemes Management Act 2015.
EXTRAORDINARY GENERAL MEETING (EGM)
A meeting of owners and other interested parties (as noted on the strata roll) which is NOT an Annual General Meeting. However, the term "Extraordinary" is not officially mentioned in the legislation but was adopted by many in the industry as a simpler way of differentiating the different general meeting types. Also see General Meeting.
NOTE: Read all about [Extraordinary] General Meetings on my Meetings information page.
FAGM
A commonly used acronym for First Annual General Meeting.
FIRST ANNUAL GENERAL MEETING (FAGM)
This is the very first meeting of owners and other interested parties (as noted on the strata roll) which must be convened within 2 months of the expiration of the Initial Period under the Strata Schemes Management Act 2015. Also see General Meeting.
NOTE: Read all about First Annual General Meetings on my Meetings information page.
G-L
GENERAL MEETING (GM)
A meeting of owners and other interested parties (as noted on the strata roll) who have been advised by notice of a proposed meeting to vote on specific matters listed in the agenda that pertain to the scheme. The Owners Corporation is required to convene and hold a General Meeting once a year. This required meeting is usually known as the Annual General Meeting. The other type of general meeting is officially known as a General Meeting but is UNofficially known as an Extraordinary General Meeting. Also see Annual General Meeting and First Annual General Meeting.
NOTE: Learn all about the different Strata Meetings on my Meetings information page.
GM
A commonly used acronym for General Meeting.
HARMONY
A term commonly used to describe the level of owner contentment that exists within a scheme. Usually this term relates closely to issues associated with disputes of varying types. They could be disputes between neighbours, between owners, between owners and the Strata Committee and many others. Usually the problems are associated with breaches of the scheme's by-laws such as noise, parking, pets, etc.
NOTE: Additional information on harmony issues and disputes can be found on the Resolving Disputes information page.
HOME BUILDING COMPENSATION FUND
The Home Building Compensation Fund (also referred to as the ICare HBCF), under the control of ICare, replaced the previous Home Warranty Insurance Scheme. And the State Insurance Regulatory Authority (SIRA) assumed the regulatory functions of Home Building Compensation Fund from Sept, 2015. It was setup to protect consumers when a builder either dies, cannot be found or becomes insolvent (ie bankrupt) and cannot fulfil his obligations to the consumer by completing the construction, renovations or fixing defects of buildings up to and including 3-storeys.
NOTE: Here are 3 reference links about the HBCF
- Learn all about Home Building Compensation Fund on MY Home Building Compensation Fund information page.
- You can also read more about the HBCF in the Home Building Compensation Cover section on the SIRA website
- More 'official' information on the HBCF in the Home Building Compensation Fund section on the ICare website
HOME WARRANTY INSURANCE
Home Warranty Insurance (HWI) was initially setup to protect consumers when a builder either dies, cannot be found, becomes insolvent (ie bankrupt) or has his licence suspended and cannot fulfil his obligations to the consumer by completing the construction, renovations or fixing defects of buildings up to and including 3-storeys but it has now been replaced.
IMPORTANT NOTE: After many 'reincarnations', HWI morphed into the Home Building Compensation Fund (HBCF) run by ICare regulated by the NSW State Insurance Regulatory Authority (SIRA).
Confused? Well, so am I...sort of
HOME WARRANTY INSURANCE FUND
On July 1st, 2010 The NSW Self Insurance Corporation took over as the sole provider of home warranty insurance within NSW. The NSW Self Insurance Corporation traded as the Home Warranty Insurance Fund for a while BUT has now become the ICare Home Building Compensation Fund (ICare HBCF).
NOTE: Also refer to Home Building Compensation Fund
HOME WARRANTY INSURANCE SCHEME BOARD
The Home Warranty Insurance Scheme Board was established to oversee the operation of the previous Home Warranty Insurance Scheme. However, with the advent of ICare HBCF, the State Insurance Regulatory Authority assumed the regulatory functions of Home Building Compensation Fund from Sept, 2015
INITIAL MAINTENANCE SCHEDULE
The Initial Maintenance Schedule must be prepared by the original owner and presented to the Owners Corporation at least 2 days before the First Annual General Meeting (FAGM). This schedule, which MUST be considered at the FAGM, details the costs and obligations of maintaining the common property of the strata scheme and while the onus is on the original owner to make this as accurate as possible (since fines can be imposed for inaccurate estimations), the owners corporation is not required to comply with this schedule.
NSW Fair Trading's fact sheet on the Initial Maintenance schedule provides a lot of great detail while Section 89 and Section 115 of the NSW SSMA 2015 AND Regulation 29 of the NSW SSMR 2016 have the final say.
INITIAL PERIOD
The period in which the original owner still owns strata lots in a Strata Scheme for which the sum of the unit entitlements of those lots comprises more than 2/3 of the aggregate unit entitlement of the scheme.
The official wording in the SSMA 2015: Section 4 - Definitions for "Initial Period" is:
"to commence on the day the Owners Corporation is constituted (date of registration of the plan) and ending on the day when there are owners of lots in the strata scheme (other than the original owner) the sum of whose unit entitlements is at least 1/3 of the aggregate unit entitlement".
You can read a little more on Strata Scheme Initial Periods in Starting the Owners Corporation on the NSW Fair Trading's fact sheet AND Initial Period - Miscellaneous Section on the NSW Land Registry Services - Registrar General's Guidelines site.
LARGE STRATA SCHEME
A scheme consisting of more than 100 lots, not including parking or utility lots. The 'official' Learn more about a large strata scheme is in Section 6 of the Strata Schemes Management Act 2015.
NOTE: Special rules apply to these schemes and more details can be found on the Small Strata Schemes and Large Strata schemes page.
LEVIES
Contributions, usually paid quarterly, by the owners to the Owners Corporation to cover regular expenditure and future major works expenditure. The amount paid by each lot owner is regulated by the unit entitlement of their respective lot and allocated to both the Administrative fund and the Capital Works fund.
NOTE: Additional information on Levies can be found on the Levies & Special Levies information page.
LEVY REGISTER
A historical record of levy contributions levied and amounts paid. The Strata Schemes Management Regulation 2016 - Regulation 23 details the specific information to be included on this document. There's also information in Strata Schemes Management Act 2015 - Section 99 but it seems to be the pretty much the same as that in Regulation23.
NOTE: Additional information on Levies can be found on the Levies & Special Levies information page.
LOT
A lot is usually a dwelling in a Strata Scheme and comprises the cubic air space contained within the inner surface of the boundary walls, the under surface of the ceiling and the upper surface of the floor. However, car spaces, garages, laundries, marinas, etc can also form part of a lot or be a separate lot known as a utility or parking lot. Also see Utility Lot and Parking Lot.
NOTE: You can read more about LOTS on my information page.
M-O
MINUTE BOOK
A document, usually in the form of a hardback bound book, used to hold the minutes of all meetings held by the Owners Corporation and Strata Committee. However, with the advent of more advanced technology, many Owners Corporations prefer to keep these in digital form.
MINUTES
A documented record of all proceedings for all meetings held by the Owners Corporation and Strata Committee.
MODEL BY-LAWS
A standard, generic set of rules used as either the actual by-laws for a strata scheme or as the template for specific by-laws created for a strata scheme. The latest model by-laws for a RESIDENTIAL strata scheme can be found in Schedule 3 of the NSW Strata Schemes Management Regulation 2016. Also see By-laws.
MOTION
A proposal put forward to be voted on at meetings held by the Owners Corporation and Strata Committee.
NCAT
A commonly used acronym for the NSW Civil & Administrative Tribunal. NCAT's Consumer and Commercial Division can hear and rule on disputes about strata and community schemes under the Strata Schemes Management Act 2015 and Community Land Management Act 1989. See also Tribunal. NCAT REPLACED the old CTTT.
NSW FAIR TRADING
NSW Fair Trading provides a wide variety of services and assistance - including mediation and adjudication on strata disputes along with some truly marvellous fact sheets on just about every strata matter. This resource has just about EVERYTHING regarding strata and community schemes in NSW.
The department handles all Strata and Community Scheme enquiries via its Call Centre which can be contacted on 13 32 20 (in NSW) - just follow the prompts to get to correct area. NOTE: If you need language assistance call 13 14 50 and ask for an interpreter in your language.
OC
A commonly used acronym for Owners Corporation
OFFICER
The 3 elected members of the Strata Committee. They were previously known as Office Holders or Office Bearers. Also see Chairperson, Secretary and Treasurer.
NOTE: Additional information on the Strata Committee Officers is on my Strata Committee Officers information page.
OH&S - OCCUPATIONAL HEALTH & SAFETY
An acronym for Occupational Health & Safety which, in 2012, was changed to WHS (or Work Health & Safety)
ORDINARY RESOLUTION
A resolution that requires a majority vote of eligible owners or representatives present at a general meeting. An ordinary resolution motion is RESOLVED if the majority of the votes cast are in favour of the motion otherwise the motion is DEFEATED. This resolution can also be known as a simple majority vote.
NOTE: Learn all about the different Resolutions and Strata Meetings and more on my Meetings information page.
ORIGINAL OWNER
The owner of the entire strata titled complex when the strata plan is first registered and is usually the builder or developer.
OWNERS CORPORATION (OC)
The legal entity consisting of all the owners of the lots in a Strata Scheme (as noted on the Strata Roll) and formed when a strata plan is registered.
NOTE: Learn what an Owners Corporations is and does on my Owners Corporation information page.
P-R
PARKING LOT
A lot designed primarily for storage of boats or motor vehicles and not for human occupation as a residence, office, shop or similar. This type of lot is also known as a Utility Lot.
For more detailed information on Lots in a strata scheme see Lot
POLL
A method of voting at a meetings where each owner's vote has a value based on the lot's Unit Entitlement.
PRIORITY VOTE
A vote cast on any of the following motions:
- insurance
- budgeting
- fixing of a levy
- expenditure by the OC of an amount that exceeds the number of lots in a scheme X $1,000 (see NSW SSMR 2016: Regulation 12 - Priority Votes)
- a motion requiring a special resolution or unanimous resolution
A priority vote can be cast in relation to a specific lot and, in this case, a vote by the owner of the lot (on this motion) does NOT count. Also, be aware that a priority vote has NO EFFECT unless at least 2 days notice of the intention to exercise the priority vote at a meeting has been given to the owner of the affected lot - see NSW SSMA 2015: Schedule 1 Clause 24 - Priority Votes. NOTE: Clause 24 is towards the end of the Schedule document.
PROXY
A person appointed, in writing, by an owner or mortgagee to attend a meeting and vote on the appointer's behalf. The Strata Schemes Management Act 2015 added many new "conditions" for the use of proxies and you can read about them at Schedule 1- Meeting Procedures of Owners Corporation: Parts 25 & 26 - they're right at the bottom of the document.
QUORUM
The minimum number of eligible attendees at a meeting before any motion can be voted upon.
RECORD KEEPING CONTRACT
An agreement between the Owners Corporation (OC) and a Strata Managing Agent (SMA) where the tasks delegated by the OC to the SMA do NOT include anything involving the MAINTAINING, REPLACEMENT or REPAIR of the scheme's common property. Such tasks are the sole responsibility of the OC with the SMA being responsible for all other delegated tasks involving secretarial and accounting duties related to the maintaining of the Books and Records of the Owners Corporation.
NOTE: Additional information on partially self-managing a Strata Scheme can be found on the Do-It-Yourself Strata information page.
REGISTERED TENANT
Registered tenants are now allowed to attend general meetings and so a REGISTERED tenant is a tenant who name has been put on a Tenancy Notice, given to the OC and recorded on the strata roll - see NSW SSMA 2015: Section 258: Tenancy notice to be given to OC. Also see Tenancy Notice
RESOLUTION
A decision made at a meeting based on a motion raised and addressed at the meeting. There are 3 types of resolutions - Ordinary resolutions (also known as a simple majority vote), Special resolutions and Unanimous resolutions.
NOTE: Learn all about the different Resolutions and Strata Meetings and more on my Meetings information page.
S
S108
A commonly used term for the Section 108 Certificate which was REPLACED by the S182 Strata Search Certificate on November 30th, 2016 under the Strata Schemes Management Act 2015. See also Strata Search Certificate (Section 182).
S109
A commonly used term for the Section 109 Certificate which was REPLACED by the S184 Certificate on November 30th, 2016 under the Strata Schemes Management Act 2015. See also Strata Information Certificate (Section 184).
S182
A commonly used term for a Section 182 Strata Search Certificate See also Strata Search Certificate (Section 182). The S182 replaced the S108 on Nov 30th 2016.
S184
A commonly used term for a Section 184 Strata Information Certificate See also Strata Information Certificate (Section 184). The S184 replaced the S109 on Nov 30th 2016.
SAFETY AUDIT
An inspection carried out by a suitably qualified professional on the current status of the WHS (Work Health and Safety) standards for the scheme.
NOTE: Additional information on Safety Audits can be found on the Compliance Issues information page.
SC
A commonly used acronym for Strata Committee.
SCM
A commonly used acronym for Strata Committee Meeting.
SEAL of OWNERS CORPORATION
Also known as the Common Seal. This is the stamp an Owners Corporation uses to indicate its official agreement to something. The stamp must show the Owners Corporation's distinctive number, which is the registration number of the strata plan. The seal is styled as "The Owners - Strata Plan nnnnnn" and must be affixed whenever the Owners Corporation executes a document.
Check out Section 273 - Affixing of Seal of Owners Corporation AND Section 272 - Persons who may keep Seals of Owners Corporations of the SSMA 2015.
SECRETARY
One of the 3 main officers of the Strata Committee, the other 2 being the Chairperson and the Treasurer.
NOTE: Learn more about the Secretary on my Strata Committee Meetings information page.
SIMPLE MAJORITY VOTE
A resolution that requires a majority vote of eligible owners or proxies (i.e. representatives of the owners) present at a general meeting. A "Simple Majority Vote" motion is RESOLVED if the majority of the votes cast are in favour of the motion otherwise the motion is DEFEATED. This resolution can also be known as an Ordinary Resolution.
NOTE: Learn all about the different Resolutions and Strata Meetings and more on my Meetings information page.
SINKING FUND
The term "sinking fund" was replaced by Capital Works Fund in the latest round of legislative changes which came into effect on November 30th, 2016 under the Strata Schemes Management Act 2015.
SMA
A commonly used acronym for Strata Managing Agent
SMALL STRATA SCHEME
Under previous legislation, a scheme comprising of no more than 2 lots (not including parking or utility lots) was called a Small Strata Scheme - but this seems to have been changed to be just 2-lot strata schemes in the latest round of legislative changes.
NOTE: Special rules apply to 2-lot schemes and more details can be found on my Special Conditions for 2-lot Schemes fact sheet.
SP
A commonly used acronym for Strata Plan
SPECIAL LEVY
An 'additional' contribution paid by the owners to cover either unplanned, unexpected or underestimated expenditure that can be leied as one lump sum or by instalments.
NOTE: Additional information on Special Levies can be found on the Levies & Special Levies information page.
SPECIAL RESOLUTION
A resolution that requires a minimum 75% majority 'For' vote of eligible owners or representatives present at a general meeting. Under this type of resolution, the value of every vote is calculated based on the unit entitlement of each lot. A special resolution motion is PASSED if 75% or more of the 'calculated' votes cast are in favour of the motion otherwise the motion is DEFEATED.
NOTE: Learn all about the different Resolutions and Strata Meetings and more on my Meetings information page.
SSMA
A commonly used acronym for the Strata Schemes Management Act.
SSMR
A commonly used acronym for the Strata Schemes Management Regulation.
STRATA COMMITTEE (SC)
Elected representatives of the owners and known as Officers. The election takes place at each Annual General Meeting. The Strata Committee REPLACED the Executive Committee in the latest round of legislative changes which came into effect on November 30th, 2016 under the Strata Schemes Management Act 2015.
NOTE: Learn all about Strata Committees on my Strata Committee information page.
STRATA COMMITTEE MEETING (SCM)
A meeting of the Strata Committee members. Other owners can attend these meetings BUT can only speak at the meeting if approved by the other committee members. The Strata Committee Meeting REPLACED the Executive Committee Meeting in the latest round of legislative changes which came into effect on November 30th, 2016 under the Strata Schemes Management Act 2015.
NOTE: Learn all about Strata Committee Meetings on my Meetings information page.
STRATA INFORMATION CERTIFICATE (Section 184)
A Strata Information Certificate (previously known as the S109 certificate) is issued by the Strata Managing Agent or authorised person of the Owners Corporation and contains a variety of details including By-laws,levy contributions, insurances, Strata Committee members and strata management details, outstanding monies and other relevant information.
This certificate is covered under Section 184 of the Strata Schemes Management Act 2015 and a statutory fee is payable by the applicant. Note that the S184 Certificate REPLACED the S109 Certificate on November 30th, 2016.
STRATA MANAGER
A commonly used term for Strata Managing Agent.
STRATA MANAGING AGENT (SMA)
A suitably licensed and qualified, professional entity (or person) appointed by the Owners Corporation to manage the Strata Scheme in accordance with all functions delegated by the Owners Corporation.
The appointment of a Strata Managing Agent can only take place at a General Meeting.
NOTE: Discover all the things a Strata Managing Agent does on the Strata Management information page.
STRATA PLAN (SP)
The actual plan registered at the NSW Land Registry Services department (LRS) showing the building on the land, the lots making up the plan and the common property. The Strata Plan also shows the all important boundary lines and plan notations which can be the reason for a lot of common property disputes.
STRATA ROLL
The register of the owners of every lot in a Strata Scheme including any utility lots. It also includes the names of other interested parties such as registered tenants who have been recorded on a Tenancy Notice, any mortgagees, covenant chargees or lessees (if notified).
Details of the Strata Roll are covered under Section 177: Owners corporation must prepare strata roll of the Strata Schemes Management Act 2015 and Section 178: Content of strata roll.
STRATA SCHEMES MANAGEMENT ACT 2015 (SSMA)
The management of every Strata Scheme in NSW is governed by the rules laid down in the Strata Schemes Management Act 2015 also referred to as the SSMA. The rules, contained in this legislation and the Strata Schemes Management Regulations 2016 (SSMR), provide the entire requirements and conditions for the running and operation of every type of Strata Scheme in NSW today.
NOTE - Full details on the SSMA can be found on the NSW Consolidated Acts webpage for the SSMA.
EXTRA NOTE: This legislation REPLACED the Strata Schemes Management Act 1996 on November 30th, 2016
STRATA SCHEMES MANAGEMENT REGULATION 2016 (SSMR)
The management of every Strata Scheme in NSW is governed by the rules laid down in the Strata Schemes Management Regulation 2016 also referred to as the SSMR. The rules, contained in this legislation and the Strata Schemes Management Act 2015 (SSMA), provide the entire requirements and conditions for the running and operation of every type of Strata Scheme in NSW today.
NOTE - Full details on the SSMR can be found on the NSW Consolidated Regulations webpage for the SSMR.
EXTRA NOTE: This legislation REPLACED the Strata Schemes Management Regulation 2010 on November 30th, 2016
STRATA SCHEMES OFFICE
There was, for some years, an actual NSW government department which had this name but now, the Strata Schemes Office no longer exists in its old form. NSW Fair Trading now provides a wide variety of services and assistance - including mediation and adjudication on strata disputes along with some truly marvellous fact sheets on just about every strata matter.
STRATA SEARCH CERTIFICATE (S182)
A strata search (known as the S182 Strata Search Certificate and previously known as the S108 certificate) is where an owner, mortgagee or covenant chargee of a lot, or a person authorised by an owner, mortgagee or covenant chargee, requests the Owners Corporation to allow an inspection of the records and accounts of a Strata Scheme but ONLY upon payment of the prescribed fee AND receipt of a WRITTEN authority from the owner.
This is covered under Section 182 - Requests for inspection of records of Owners Corporation of the Strata Schemes Management Act 2015.
NOTE: The S108 certificate was REPLACED by the S182 certificate under the Strata Schemes Management Act 2015 on November 30th, 2016.
EXTRA NOTE: Learn MORE about the S182 on my S182 Strata Search Certificate information page.
T-Z
TENANCY NOTICE
This is written notice, given to the Owners Corporation by the owner or their property manager, of a tenant living in the strata scheme. Once the Tenancy Notice has been recorded on the strata roll, a tenant can then receive notices for and attend any General Meeting held for the strata scheme. Also see Registered Tenant and read NSW SSMA 2015: Section 258: Tenancy notice to be given to OC for more details on the Tenancy Notice.
TENANT REPRESENTATIVE
Strata Schemes that have tenants in at least HALF of the lots (and where tenancy details have been recorded on the strata roll) can appoint a Tenant Representative who will represent the tenants of the scheme in General Meetings AND Strata Committee Meetings. However, tenants are NOT allowed to vote at these meetings but they can address the meetings if permission has been previously granted via a ordinary resolution of the Owners Corporation. Tenants eligible for the position of Tenant Representative must be a registered tenant - i.e. a tenant who has been put on the Tenancy Notice given to the Owners Corporation and then recorded on the strata roll. A meeting is then convened for all registered tenants to vote for a representative.
See the following parts of the legislation for full details: Section 33 - Tenant Representatives of the SSMA 2015 AND Regulation 7 - Tenant Representatives of the SSMR 2016.
TOTAL UNIT ENTITLEMENT
The total of all the individual lot unit entitlements in the Strata Scheme. See also Aggregate Unit Entitlement and Unit Entitlement.
TREASURER
One of the 3 main officers of the Strata Committee, the other 2 being the Chairperson and the Secretary.
NOTE: Learn more about the Treasurer on my Strata Committee Officers information page.
TRIBUNAL
The NSW Civil & Administrative Tribunal (also known as NCAT) has a role to resolve disputes between tenants, landlords, traders and consumers in a timely and effective manner. Usually NCAT only gets involved in those disputes which cannot seem to be resolved via simple mediation.
UNANIMOUS RESOLUTION
Where a unanimous resolution is REQUIRED, a motion is only PASSED if no votes at the meeting are cast against it otherwise the motion is DEFEATED.
NOTE: Learn all about the different Resolutions and Strata Meetings and more on my Meetings information page.
UNIT ENTITLEMENT
Each lot is given a unit entitlement which is shown on the strata plan. The amount of the unit entitlement varies depending on a number of factors such as the size of the lot. Unit entitlements regulate what proportion of the total annual budgeted levies will be paid by each lot owner. Unit entitlements also can regulate voting strength at meetings if the value of the votes is required - like for a Poll Vote or where a Special Resolution is required. Basically, the larger the unit entitlement of a lot the more the voting "strength".
NOTE: Additional information on Unit Entitlements (including some examples) can be found on the What is Strata? information page.
UTILITY LOT
A lot designed primarily for storage or accommodation of boats, motor vehicles or goods and not for human occupation as a residence, office, shop or similar. This type of lot can also be known as a Parking Lot.
For more detailed information on Lots in a strata scheme see Lot
WHS - WORK HEALTH & SAFETY
An acronym for Work Health & Safety which is a set of rules and regulations contained in the Work Health And Safety Act 2011 administered by SafeWork NSW and is concerned with protecting the safety, health and welfare of people engaged in work or employment. The goal of occupational safety and health programs is to foster a safe and healthy work environment.
In 2012, WHS (Work Health & Safety) replaced the previous OH&S (Occupational Health & Safety).
NOTE: You can read more on WH&S on my WHS Audit or Safety Audit information page.
Table of TERMINOLOGY CHANGES
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On November 30th, 2016 the Strata Schemes Management Act 1996 was replaced by the Strata Schemes Management Act 2015. This Act brought over 90 changes including a change in terminology for some of the more well known terms. |
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| OLD | NEW |
Caretaker |
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Common Seal (not sure if this is an official change) |
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Exclusive Use |
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Executive Committee (EC) |
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Executive Committee Meeting (ECM) |
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Office Holders/Bearers |
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S108 Certificate |
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S109 Certificate |
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Sinking Fund |
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Strata Schemes Management Act 1996 |
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Strata Schemes Management Regulation 2010 |
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| OLD - other changes | NEW - other changes |
NSW Consumer, Trader and Tenancy Tribunal (CTTT) |
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NSW Office of Fair Trading |
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DISCLAIMER: All information on this website is of a general nature and is intended as a guide only. Readers should check all information obtained from this website for accuracy from other sources and seek professional legal advice before taking any action based on any information obtained from this website. Information on this website should not be substituted for proper legal advice. The owners of this website will not be held responsible for any action taken as a consequence of same.
EXTERNAL SOURCES: The owners of this website do not make any warranty or representations regarding the information, products, services provided by or qualifications of any external sources listed on this website. Readers should make their own appropriate enquiries regarding accuracy, qualifications, licences, etc. The owners of this website will not be responsible or liable in any way for any representations made by any external sources listed on this website.
IMPORTANT NOTE: This website deals with strata matters in NSW, Australia only. Legislation varies in different states and territories and in other countries. For information pertaining to places outside of NSW, Australia please refer to the appropriate legislation for your region.
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