Converting from strata title

When the Community Titles Act 1996 (SA) came into operation, it did not affect existing strata corporations, but no new strata schemes are allowed under the Strata Titles Act 1988 (SA). Community titles have been created instead. A strata scheme and a community strata scheme are similar, as the boundaries are defined by reference to structural divisions in a building, whereas in a community scheme lot boundaries are determined by surveyed land measurements and generally do not relate to a structure.

Existing strata corporations may, by an ordinary resolution of the strata corporation, become a community strata scheme, which means the corporation will be covered by the Community Titles Act 1996 (SA) and not the Strata Titles Act 1988 (SA) [Community Titles Act 1996 (SA) sch cl 2]. The resolution does not take effect until a copy of the resolution is lodged with the Registrar- General and filed with the Strata Plan. The resolution will not change the boundaries of the units or the common property. If it is desired that the boundaries be changed, an amendment to the plan and the appropriate application must be lodged at the Lands Titles Office.

The articles that existed under the Strata Titles Act 1988 (SA) continue as its by-laws but may be amended if required [sch cl 2(3)(e)]. Similarly, the officers of the strata corporation continue as the officers of the community corporation [sch cl 2(3)(g)].

Converting from other types of schemes

The Community Titles Act allows many company and moiety title schemes to apply to convert to a community strata scheme. This may not be possible in all circumstances and the local council may require improvements (such as the erection of firewalls) before giving planning consent.