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House of Assembly - Fifty-Fourth Parliament, Second Session (54-2)
2021-10-13 Daily Xml
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Statutes Amendment (Strata Schemes) Bill

Introduction and First Reading

Mr DULUK (Waite) (12:26): 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.

Second Reading

Mr DULUK (Waite) (12:27): I move:

That this bill be now read a second time.

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.

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.

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.

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.

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.

Debate adjourned on motion of Dr Harvey.

Mr BELL: Deputy Speaker, I draw your attention to the state of the house.

A quorum having been formed:

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