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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-11-17 Daily Xml
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Statutes Amendment (Strata Schemes) Bill

Second Reading

The Hon. J.A. DARLEY (00:51): I move:

That this bill be now read a second time.

This bill amends 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 on 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, for 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 a 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.

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. It pits neighbour against neighbour and creates enemies at times, especially if this is before the court. This bill abolishes the power of veto in respect of work that is subject to an approved development under the Planning, Development and Infrastructure Act.

In circumstances where development is not subject to approval, the power of veto would remain in place. This bill will stop vexatious neighbours using this 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 of the general community, which seems a fair and reasonable position when there are just two unit holders involved.

Debate adjourned on motion of Hon. R.I. Lucas.

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