The Registration (Strata Titles) (Amendment) Regulations, 2010

8/9/2019 The Registration (Strata Titles) (Amendment) Regulations, 2010

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THE REGISTRATION STRATA TITLES ACT

The Registration (Strata Titles) (Amendment)Regulations, 2010

In exercise of the powers conferred upon the Minister by section 16 of theRegistration (Strata Titles) Act, the following Regulations are hereby made:-

1. These Regulations may be cited as the Registration (Strata Titles) (Amendment)Regu lations, 20 I0, and shall be read and construed as one with the Registration (StrataTitles) Regulations, 1969 (hereinafter called the principal Regulations) and allamendments thereto.

2. The principal Regulations are amended by deleting from regulations(4) (1)(b)(i), 5(a), I I , 13,20 and 22 the word "Schedule" wherever it appears andsubstituting therefor in each case the words "First Schedule".3. The principal Regulations are amended by inserting next after regulation i i thefollowing as regulations 1 ] A, 11 B, 11 C and 11 D

" ] 1 A. - (1 ) An app! ication to the Commission, by a corporation forfirst registration pursuant to section 4(4) of the Act, shall be in the form

Form 7. or to the effect ofFonn 7, and shall be accompanied by the appropriatePart B. specified fee in paragraph (I) of Part B of the Second Schedule.

(2) An app! ication for waiver or reduction of the prescribedfees pursuant to section 4A of the Act, shall be in the form or lo the

Form 14. effect of Form 14.(3) Upon registration pursuant to section 4 of the Act, the

Commission shall issue to the corporation a certificate indicating thedate of registration of the corporation and the effective period of suchregistration .


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(4) Subject to regulation lIB, a certificate of registrationshall expire on March 31, of the year next following its issuance andshall be renewable upon expiration, however, a corporation shall not bedeemed to be delinquent until thirty days after the expiration of thecertificate .11 B. The corporation shall in each year on or before April 1, make anappl ication for renewal of registration in the form or to the effect ofForm 8, and shall submit as part of that application Form 8.

(a) the annual registration fee pursuant to subsection (5 ) of sectionPart B. 4 of the Act, as specified in Part B of the Second Schedule and

which becomes due and payable on April I, of each year;(b) annual returns pursuant to subsection (7) of section 4 of the

Act, accompanied by the annual fee as prescribed in the SecondSchedule;

(c) the income and expendi ture statement in the form or to theForms effect of Forms 13A, 13B and 13C, respectively;13A, 13Band BC (d) the names and addresses of the members of the current

executive committee; and(e) any other information that the Commission may from time to

time direct.l Ie . - (l) The corporation shall make an application for a certificateauthorizing the exercise of a power of sale pursuant to section 5C of the

Form 9. Act, in the form or to the effect of Form 9, and submit the fee specifiedPart B. in Part B of the Second Schedule to the Commission for the certificate.

(2) The Commission upon being satisfied that a corporationhas


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(a) followed the procedure prescribed to obtain payments undersection 5C;

(b) notified the proprietor as provided in section 5C; and(c) followed any additional directives by the Commission, if any,

Form 12. shall issue a certificate in the form or to the effect ofForm 12.lID. Prior to any sale of a strata lot in a strata plan, the developer ofthe land comprised in the strata plan shall advise each prospectivepurchaser in writing of the

(a) facilities in the common property of the strata plan;(b) proposed unit entitlement of each strata lot;(c) proposed by-laws; and(d) estimated contribution pursuant to section 5(2) of the Act

applicable to the strata lot, the specific items to be covered bythe contribution and any other payments that may beapplicable." .

4. The principal Regulations are amended by inserting next after Regulation 12 thefollowing as regulation 12A

"12A. Where a proprietor is ordered by the Commission pursuant to section 3Bof the Act, to

(a) demolish any unauthorized extension to the external wall of a strata lot,the proprietor is allowed sixty days for carrying out the demolition,removal of debris and restoration of the strata unit to its original state;

(b) remove any vehicle or other thing, the presence of which is incontravention of the by-laws, the proprietor is allowed seven days toremove the vehicle or thing;

(c) remove any animal from a strata lot, the keeping of which is in


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contravention of the by-laws, the proprietor is allowed seven days toremove the animaL".

5. The principal Regulations are amended by inserting next after regulation 25 thefollowing as regulations 25A and 25B

" 25A. A notice of appeal to the Tribunal pursuant to section 15A ofForm 11. the Act shall be in the form or to the effect of Form 11, and shall bePart B. accompanied by the specified fee in Part B of the Second Schedule.

25B. An application made to the Commission for the facilitation ofdispute resolution which will result in the making of orders undersection 3B (1), shall be-

Form 10. (a) in the form or to the effect of Form 10; and(b) accompanied by the fee prescribed in Part B of the Second

Schedule."6. The principal Regulations are amended by deleting regulation 26 and substituting therefor the following as regulations 26 and 2 7

" 26. The fees which shall be paid to the Registrar of Titles shall be inPart A. accordance with Part A of the Second Schedule.

27. The prescription of fees in these Regulations shall not limit anypower of the Commission to charge such fees as it considers reasonablefor the recovery of costs for the use of its facilities and services. ".

7. The principal Regulations are amended by (a) renaming the Schedule as the First Schedule, by deleting the heading

"Schedule" and substituting therefor the heading "First Schedule"; (b) inserting immediately after Form 6 the following as Forms 7,8,9, 10,11,12,

13A, 13B, 13C and 14


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" (Regulation 1 IA(3))FORM 7

THE REGISTRATION (STRATA TITLES) ACT COMMISSION OF STRATA CORPORATIONS

APPLICATION TO REGISTER A STRATA CORPORATIONPursuant to Section 4 of the Registration (Strata Titles) Act

The Proprietors Strata Plan No .___ _ _ hereby apply pursuant to Section 4 (4) orthe Registration (Stra taTitles) Act to become reg istered with the Commission and advi se as follow s:

a) The nam es, address and titles or lhe members orlhe Executive Committee are:

b) The add ress for serv ice or the Corporation is____ _c) Telephone No (s) .: _ _ _______ .d) Fax No (s) . _______ _ __ _ _ _ _ _ __ _ _ ______ _e) Email address:___ ___ ____ ___ _ _ _ ___ _ _ ________ _ _______t) The name and address of Compl ex:g) The Co rporati on consists of ______ strata lots.

Valuation Number_______ _ _____ _ _ _ _______ _The Application Fee or $.______ __ _ is enclosed .Please acknow ledge receip t.

..... ........... .......... ....... .... .. .... . ........ .Executive Committee

Proprietors, Strata Plan No.Seal Date

Member, Executive CommitteeProprietors Strata Plan No.

N.B. An y two (2) Executive Committee members to sign an d affix Seal of Strata Corporation

FOR OFFICIAL USE ONLY

Date of Application : Fe e Paid Receipt No.: p _ate of En oy in Re gis ter:

$ .. . . .. ... .. .. . . ..... . . Registration No .


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(Regulation 118)FORM 8


APPLICATION FOR ANNUAL REGISTRATION Pursuant to Section 4(7) of the Registration (Strata Titles) Act

Str,w) f)I,l/1 Fl ' ____ Valuation tI N


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(Regulation) I C)FORM 9 THE REGISTRATION (STRATA TITLES) ACT

COMMISSION OF STRATA CORPORATIONS APPLICATION FOR CERTIFICATE FOR THE EXERCISE OF A POWER OF SALE

Pursuant to Section 5(C) of the Registration (Strata Titles) Act

The Proprietors of Strata Plan Number __________________ here-by applies ror ,\ Certiticate pursuant to Section 5(c)of the Act pursuant to a proposed exercise of Powcrs of Sale arising as a result of default in payment of contribution inrespect of strata lot numbered registered at Volume : foliorepresenting contributions due for the period ______

We solemnly declare that we have complied with the requirements of the Registration (Strata Titles) I\ct asfollows (Tick below :)

For a period exceeding 30 days, the proprietor has failed to pay all or any pilrt of his contribution; DThe proprietor has been given written notice of the amount owing. the period forwhich it is owed . the amount of interest payable and notified and advised inwriting to pay the outstanding amount and interest within 30 days of service of thenotice : DThe proprietor was also advised in writing that if the contribution and interest werenot paid within 30 days, or suitable arrangements made to pay the contributions. the

corporation may sell the strata lot by public auction or private treaty as provided bySection 5(c) of the Registration (Strata Titles) Act and ifhe is aggrieved by theamount, he can lodge an appeal with the Tribunill provided that 50% or otheramount agreed with the Corporation is paid on account. DA copy of the notice and postal receipt/affidavit of service attached D

N.R.: All documentary evidence in support must be attached.Please sig n and date below .

Chairman - Executive Committee Member - Executive CommiUee Proprietors Strata Plan # Proprietors Strata Plan #

Date

FOR OFFICIAL USE, ONLY

I:c e [" l id : _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ ~ ~ _ Dnle Re ceived ._ ._______ _I)nlc ,ch cduled f'ol consideratIOn : ___________ Dec isi on T Clkcn _____________________________ ________._____________________ _ _ _ _ __


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(Regulation 258)FORM 10


APPLICATION FOR DISPUTE RESOLUTION & ORDER Pursuant to Section 3B (c) of the Registration (Strata Titles) Act

NJIIlC urCo1llpIJin


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(Regulation 25A)FORM 11


NOTICE OF APPEAL TO THE STRATA APPEALS TRIBUNAL Pursuant to Section lSA(2)(b) of the Registration (Strata Titles) Act

Name of Appellant: _______ _ _ _ ____________ .___________ _ _ _Address of Appellant: ______ _ __ _ _ ______ _ _________________Telephone No (5):____________________ _ __ _ _____________Fax No .: _____________________ ___________________ _E-mail :Strata Plan No . & Address: _____ _ _ __ _ __ _ _ ____________________ _Appellant: (Tick where appropriate)D Proprietor (Strata Lot owner): Strata Lot #. Strata Plan# . _ ____ _

D CorporationD OtherGrounds for Appeal: (Give details in a concise manner along with all support documents)

Please submit prescribed fee with this form.Please sign and date below.

Appellant Date of Submission to Tribunal/Commission


Fee paid:________ _ Date received : _ ______ _ Date of hearing :_______ _ _ Decis ion _________ _ __________ _ _ ___________________ _


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(Regulation IlC(c))FORM 12


CERTIFICATE PURSlJANT TO EXERCISE OF POWER OF SALEPursuant to Section 5C(4) of the Registration (Strata Titles) Act

The Commission of Strata Corporations in accordance with Section 5C(4) 01' the Regi stration (Strala Titles) Act , hereby certifies th at the Proprietors of Strata Plan Number __________ have satisfied the Commission that the Corporation has exh austed its means of:

a) obtaining payment of amounts owing to the Corporation and 'b) noti fying the proprietor of the proposed sale of strata lot

numbered registered at Volume and Folioat the Register Book of Titles in full compliance with the provisionsof the Section 5 of the Registration (Strata Titles) Act.

Dated th e _____ day of _ _ _ _ _ __ _ _ __ 20

Chairman, CommissionStrata CorporationsSEAL

Secretary, Co mmissionStrata Corporations

Date


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(Regulation IIO(c))FORM 13A

THE REGISTRATION (STRATA TITLES) ACT COMMISSION OF STRATA CORPORATIONS ANNUAL RETURNS

Pursuant to Section 4 (7) (a ) of the Registration (Strata Titles) Act

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ Proprictor 's Strat


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(Regulation J lD(c))FORM 13B

THE REGISTRATION (STRATA TITLES) ACT

P"op"ictors Strata Plan#: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Name & Address of Complex:

Period: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Outstanding Contributions

Strata Lot No. 30 days 60 days 90 days 90 days& over

,


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(Regu lation 1 J O( c))FORM 13C

THE REGISTRATION (STRATA TITLES) ACTPr-oprictors Strata Plan#: . . . . . . . . . . '. . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . .Namc & Address of Complex:

Outstanding Debts

Strata Lot No. 30 days 60 days 90 days 90 days& over

Insurance Property Tax Electricity Telephone Water Other

I I


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Regulation 11 A(2))FORM 14

THE REGISTRATION (STRATA TITLES) ACT COMMISSION OF STRATA CORPORATIONS APPLICATION TO WAIVE OR REDUCE FEES

Pursuant to Section 4 of the Registration (Strata Titles) Ac t

NA ME OF 111 E A PPLIC ANT _________________________ _~ A T A I'LAN l J M n

ADlWL SS OF C ( W P O I ~ A non _______________IIIE I ' O P I ~ l E ' r O R ' S STRATA PLAN NO .___ HEREBY APPLY F O I ~ c ri ck where ap pro pnate)D WAIVERD REDUCTIONOF n lF FEES.IHcASONS FOR TH [ Rr-:QUISr FOR WAIVER OR A REDUCTION OF FITS

PLEASE SUBMIT ANY DOCUMENTARY [VIDENCE OF MATTERS STATED IN SUPPORT OF YOUR nQUEST.

Member. Executive Cornmillec DATE

IYkmbcr. I':.\ ec lIti vc Comrnincc


Date received: _______ _ Date Scheduled for c O l 1 s i d c r t i o n _ _ ____

." .

(c) inserting next after the First Schedule, as renum bered the following as the SecondSchedule


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" SECOND SCHEDULE (Regulations 11A, llB,11 C, 25A, 25B and 26)

PART AFees to be paid to the Registrar of Titles

on lodgment of a strata plan for registration $500.00and in addition for each strata lot shown thereon $ 20.00for every certificate of title the fee for the

time being set outin the EighteenthSchedule toRegistration ofTitles Act forevery certificateof title.

on lodgment of a notification of destruction ofa building $300.00

on lodgment of a notification of any amendmentor variation of any by-law $100.00on lodgment of an office copy of an order of court

appointing an administrator $ 50.00on lodgment of an application for amendment of

a registered strata plan $100.00

PARTBFees to be paid to the Commission

1. Number of Strata Lots comprised in Annual Registration Feethe Corporation

2 5 $ 1,000.006 - 10 $ 3,000.00

1 1 15 $ 5,000.0016 - 20 $ 8,000.0021 - 25 $ 10,000.0026 - 30 $ 13,000.0031 35 $ 15,000.00
http:///reader/full/1,000.00http:///reader/full/3,000.00http:///reader/full/5,000.00http:///reader/full/8,000.00http:///reader/full/10,000.00http:///reader/full/13,000.00http:///reader/full/15,000.00http:///reader/full/1,000.00http:///reader/full/3,000.00http:///reader/full/5,000.00http:///reader/full/8,000.00http:///reader/full/10,000.00http:///reader/full/13,000.00http:///reader/full/15,000.00


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36 - 40 $ 18,000 .0041 - 45 $ 20,000.0046 - 50 $ 23,000.0051 - 60 $ 25,000 .00 61 70 $ 30,000.0071 80 $ 35,000.0081 - 90 $ 40,000 .00 9] - ]00 $ 45,000 .00

101 - 120 $ 50,000.00121 - 140 $ 60 ,000.00141 - 160 $ 70,000 .00161 - 180 $ 80,000 .00I 81 - 200 $ 90,000.00201 - 250 $100,000.00Over 250 $125,000.00

2. Annual registration fee of 0.4% of the unimproved value of the land,however, where this formula results in the fee attributable to a strata lotbased on its unit entitlement amounting to more than twelve thousanddollars per annum, the percentage paid shall be reduced to 0.3% of theunimproved value of the land or such lower percentage so that themaximum fee attributable to a strata lot does not exceed $12,000 perannum.

3. On lodging an appeal with the Tribunal $ 5,000.004. On til ing of annual returns $ 1,000.005. On making an application for certificate

for exercising of power of sale $ 5,000 .006. On making an application for the

resolution of dispute and a resulting $ 4,000.00order"

Dated this \011\ day of ,2010 .

Prime Minister
http:///reader/full/18,000.00http:///reader/full/18,000.00http:///reader/full/18,000.00http:///reader/full/20,000.00http:///reader/full/23,000.00http:///reader/full/25,000.00http:///reader/full/25,000.00http:///reader/full/25,000.00http:///reader/full/30,000.00http:///reader/full/35,000.00http:///reader/full/40,000.00http:///reader/full/40,000.00http:///reader/full/40,000.00http:///reader/full/45,000.00http:///reader/full/45,000.00http:///reader/full/45,000.00http:///reader/full/50,000.00http:///reader/full/60,000.00http:///reader/full/60,000.00http:///reader/full/60,000.00http:///reader/full/70,000.00http:///reader/full/70,000.00http:///reader/full/70,000.00http:///reader/full/80,000.00http:///reader/full/80,000.00http:///reader/full/80,000.00http:///reader/full/90,000.00http:///reader/full/100,000.00http:///reader/full/125,000.00http:///reader/full/5,000.00http:///reader/full/1,000.00http:///reader/full/5,000.00http:///reader/full/5,000.00http:///reader/full/5,000.00http:///reader/full/4,000.00http:///reader/full/18,000.00http:///reader/full/20,000.00http:///reader/full/23,000.00http:///reader/full/25,000.00http:///reader/full/30,000.00http:///reader/full/35,000.00http:///reader/full/40,000.00http:///reader/full/45,000.00http:///reader/full/50,000.00http:///reader/full/60,000.00http:///reader/full/70,000.00http:///reader/full/80,000.00http:///reader/full/90,000.00http:///reader/full/100,000.00http:///reader/full/125,000.00http:///reader/full/5,000.00http:///reader/full/1,000.00http:///reader/full/5,000.00http:///reader/full/4,000.00

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The Registration (Strata Titles) (Amendment) Regulations, 2010

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