<!--The Official Report of Parliamentary Debates (Hansard) of the Legislative Council and the House of Assembly of the Parliament of South Australia are covered by parliamentary privilege. Republication by others is not afforded the same protection and may result in exposure to legal liability if the material is defamatory. You may copy and make use of excerpts of proceedings where (1) you attribute the Parliament as the source, (2) you assume the risk of liability if the manner of your use is defamatory, (3) you do not use the material for the purpose of advertising, satire or ridicule, or to misrepresent members of Parliament, and (4) your use of the extracts is fair, accurate and not misleading. Copyright in the Official Report of Parliamentary Debates is held by the Attorney-General of South Australia.-->
<hansard id="" tocId="" xml:lang="EN-AU" schemaVersion="1.0" xmlns:xlink="http://www.w3.org/1999/xlink" xmlns:xml="http://www.w3.org/XML/1998/namespace" xmlns:xsi="http://www.w3.org/2007/XMLSchema-instance" xmlns:mml="http://www.w3.org/1998/Math/MathML" xsi:noNamespaceSchemaLocation="hansard_1_0.xsd">
  <name>House of Assembly</name>
  <date date="2021-10-13" />
  <sessionName>Fifty-Fourth Parliament, Second Session (54-2)</sessionName>
  <parliamentNum>54</parliamentNum>
  <sessionNum>2</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>House of Assembly</house>
  <venue></venue>
  <reviewStage>published</reviewStage>
  <startPage num="7706" />
  <endPage num="8127" />
  <dateModified time="2022-08-06T14:30:00+00:00" />
  <proceeding continued="true">
    <name>Bills</name>
    <subject>
      <name>Statutes Amendment (Strata Schemes) Bill</name>
      <bills>
        <bill id="r4940">
          <name>Statutes Amendment (Strata Schemes) Bill</name>
        </bill>
      </bills>
      <text id="20211013c80b8468982942c3a0000224">
        <heading>Statutes Amendment (Strata Schemes) Bill</heading>
      </text>
      <subproceeding>
        <name>Introduction and First Reading</name>
        <text id="20211013c80b8468982942c3a0000225">
          <heading>Introduction and First Reading</heading>
        </text>
        <talker role="member" id="4991" kind="speech">
          <name>Mr DULUK</name>
          <house>House of Assembly</house>
          <electorate id="">Waite</electorate>
          <startTime time="2021-10-13T12:26:37" />
          <text id="20211013c80b8468982942c3a0000226">
            <timeStamp time="2021-10-13T12:26:37" />
            <by role="member" id="4991">Mr DULUK (Waite) (12:26):</by>  Obtained leave and introduced a bill for an act to amend the Community Titles Act 1996 and the Strata Titles Act 1988. Read a first time.</text>
        </talker>
      </subproceeding>
      <subproceeding>
        <name>Second Reading</name>
        <text id="20211013c80b8468982942c3a0000227">
          <heading>Second Reading</heading>
        </text>
        <talker role="member" id="4991" kind="speech">
          <name>Mr DULUK</name>
          <house>House of Assembly</house>
          <electorate id="">Waite</electorate>
          <startTime time="2021-10-13T12:27:55" />
          <text id="20211013c80b8468982942c3a0000228">
            <timeStamp time="2021-10-13T12:27:55" />
            <by role="member" id="4991">Mr DULUK (Waite) (12:27):</by>  I move:</text>
          <text id="20211013c80b8468982942c3a0000229">
            <inserted>That this bill be now read a second time.</inserted>
          </text>
          <text continued="true" id="20211013c80b8468982942c3a0000230">This is a simple but necessary amendment to the Strata Titles Act and Community Titles Act relating only to those strata corporations or community corporations that have just two unit owners. These amendments only apply where there are two units but the property is strata or community title owned. It does not impact the strata or community corporations where there are three or more unit holders.</text>
          <text id="20211013c80b8468982942c3a0000231">Currently, when a unit holder wishes to undertake prescribed building work, as set out under the act, essentially any work that alters the outside of the unit, the unit holder proposing the work must get the approval of the other unit holder. In a two-unit strata complex, this means that one neighbour essentially has 100 per cent veto over the other neighbour's building and design. From time to time, as it may be for some people, if you have a difficult neighbour you may never get the approval for the works that you or your family may want.</text>
          <text id="20211013c80b8468982942c3a0000232">This issue has been brought to my attention by somebody in the community who went through the proper council process of obtaining a heritage and council approval for an addition to the back of their strata unit only to be refused permission by the neighbour, given that it is in a two-unit strata.</text>
          <page num="7714" />
          <text id="20211013c80b8468982942c3a0000233">Whilst there is an opportunity to go to court and argue that any decision of the strata corporation is unjust or unreasonable, that comes at a huge cost in terms of money, time and emotional energy. I also believe it pits neighbour against neighbour and creates enemies at times, especially if this is before the court. This amendment takes away the power of veto on building work from one unit holder over the other, and leaves the decision regarding building work approval up to the normal planning and building approval process, and that is the council—a process that happens every single day across all of South Australia.</text>
          <text id="20211013c80b8468982942c3a0000234">I believe these amendments will stop vexatious neighbours using the veto power unfairly and will free the courts of unnecessary claims. It will put these building matters in the same building and planning process as the rest the general community, which seems a fair and reasonable position when there are just two unit holders involved. It is a very simple amendment, and I ask the house for its support when the debate continues in due course.</text>
          <text id="20211013c80b8468982942c3a0000235">Debate adjourned on motion of Dr Harvey.</text>
        </talker>
        <talker role="member" id="4844">
          <name>Mr BELL</name>
          <house>House of Assembly</house>
          <page num="7990" />
          <text id="20211013c80b8468982942c3a0000236">
            <by role="member" id="4844">Mr BELL:</by>  Deputy Speaker, I draw your attention to the state of the house.</text>
          <text id="20211013c80b8468982942c3a0000237">
            <event>A quorum having been formed:</event>
          </text>
        </talker>
      </subproceeding>
    </subject>
  </proceeding>
</hansard>