Glossary: Strata Titles

In this chapter we explain doors and related building terms along with common problems faced by unit groups including owner responsibilty. We also look at preventative maintenance. - inc security systems, deadlocks - risk in a fire, fire doors

The components

"allotment" means the whole of the land comprised in a certificate of title;

"building" includes a fixed structure;

"ceiling" includes a false or suspended ceiling;

"the Commission" means the Development Assessment Commission constituted under the Development Act 1993;

"council" means—

(a) in relation to a local government area—a municipal or district council;
(b) in relation to the parts of the State that lie outside local government areas—the Outback Areas Community Development Trust;

"the Court" means the Supreme Court of South Australia;

"deposited" in relation to a strata plan means deposited in the Lands Titles Registration Office by the Registrar-General;

"easement" includes a right of way;

"encumbrance" includes—

(a) a life estate or a lease; or
(b) a mortgage or charge; or
(c) a claim or lien; or
(d) an easement; or
(e) a caveat;

"fence" includes a gate;

"floor" includes a stairway or ramp;

"occupier" in relation to a unit means a person who occupies the unit on a temporary or permanent basis (either solely or jointly with other persons) and includes a person who is unlawfully in occupation of a unit;

"original registered proprietor" in relation to a strata scheme means the person who was, immediately before the deposit of the strata plan, the registered proprietor of an estate in fee simple in the land;

"owner" in relation to land means the proprietor of an estate in fee simple in the land;

"public land" means—

(a) land vested in a council;
(b) land controlled or managed by a council;

"registered encumbrance" means an encumbrance registered or entered on a certificate of title;

"site" means the land comprised in a strata plan (as distinct from the buildings and other improvements to that land);

"special resolution" in relation to a strata corporation means a resolution as to which the following conditions are satisfied;
(a) at least 14 days' written notice, setting out the terms of the proposed resolution, is given to the
unit holders;
(b) the resolution is supported at a duly convened general meeting of the strata corporation by a number of votes equal to, or exceeding, two-thirds of the total number of votes that could be exercised at a general meeting of the corporation assuming that all unit holders attended and exercised their right to vote;

"statutory encumbrance" means— (a) an agreement relating to the management, preservation or conservation of land lodged under Part 5 of the Development Act 1993; (b) any agreement or proclamation registered or noted on the title immediately before the commencement of the Development Act 1993 that is continued in force by virtue of the provisions of the Statutes Repeal and Amendment (Development) Act 1993;

"the strata community" means those who reside or work at the units in a strata scheme;

"strata corporation" means a body corporate created under this Act on the deposit of a strata plan;

"strata scheme" means—
(a) the land comprised in a strata plan; and
(b) the buildings and other improvements on that land;

"unanimous resolution" in relation to a strata corporation means a special resolution passed without any dissentient vote at a general meeting of the corporation;

"unit" means an area shown on a strata plan as a unit;

"unit holder" means—
(a) a person registered as proprietor of an estate in fee simple in the unit;
(b) if the fee simple is divided into a life estate with a remainder or reversionary interest—the person registered as the proprietor of the life estate;

"wall" includes a door or window.