Land Matters May 2016
Termination of schemes: More than just a vote
Strata reforms are proposing a new termination process to end a strata scheme.
It will involve terminating a scheme by majority vote, but the proposed steps to terminate include much more than just a vote. There will be a whole process that must be followed and includes key safeguards for owners. Landgate understands the protection of property rights is important and every strata owner’s circumstances must be considered.
Currently there are three ways a strata scheme can be terminated:
- by unanimous resolution of owners
- by application to the District Court, by an owner or registered mortgagee
- by application to the District Court, by a person who supported a resolution which was not unanimous, to ask for the vote to be treated as unanimous if either:
- a special resolution was reached, or
- the person applying was part of the majority who voted to terminate.
These options have all proven long, complex and costly with uncertain outcomes.
Currently no detailed proposal is required to apply for a termination. There are no safeguards in place for those objecting to the termination, or for vulnerable owners, and the District Court is given no guidance on how to deal with a termination application.
Reforms propose a transparent majority termination process that must be followed including a vote by all owners and, if that vote passes, a mandatory procedural and fairness review by the State Administration Tribunal (SAT) to consider all owners’ views.
Termination applications must:
- contain information that is needed by all owners to make an informed decision
- be served on all owners, mortgagees, and the strata company
- give owners at least three months to consider the proposal before voting
- ensure the vote is properly conducted
- undergo a SAT review if the required vote is attained.
Majority termination cannot occur without a SAT review and SAT must be satisfied that the termination process was properly followed, that each owner will get fair market value for their lot and that the termination is just and equitable. Reforms to the Strata Titles Act 1985 will provide guidance on these things for SAT to assist its decision.
Any owner who objects to a termination will have consumer protections.
This proposed process is clearer, more transparent and fairer to all involved than the current legislation. See more detail and a short video on Termination of Schemes and find out more about strata reforms.
Historical shipwreck data now in Locate
History enthusiasts interested in Western Australia’s maritime heritage can now use Locate as an online source of information about the location of shipwrecks off the state’s coast.
Locate, part of Western Australia’s Shared Location Information Platform (SLIP) which is powered by Landgate, is a website that provides access to a wide range of government location information. This data includes property addresses, aerial photography, satellite imagery and historical maps from many WA agencies.
Landgate Chief Executive Mike Bradford said the additional data from the Western Australian Museum is an example of how WA’s new Open Data Policy is used to make it easier for all Western Australians to explore their state and its history.
The new data includes information from the WA Museum about shipwrecks and maritime archaeological sites.
“By visiting Locate people can explore these sites from home,” Mr Bradford said.
“Clicking on these sites reveals an information box that contains details about each area’s location as well as interesting historical facts.”
WA Museum CEO Alec Coles said the Museum was delighted that people will be able to access this information through Locate.
“The WA Museum is dedicated to providing information to the widest possible range of users and increasingly this information is becoming available on third-party platforms, as well as our own. This can only be good for users,” Mr Coles said.
To learn more about shipwrecks and maritime archaeological sites as well as other government location data visit Locate.
Satellite captures Perth storm
This image was captured by the Japanese Meteorological Agency’s Himawari satellite at 2:50pm Australian western standard time on 20 May. It shows a large cold front approaching Western Australia’s south west.
Satellite data and imagery can be used for a variety of innovative solutions for business, public sector and the community.
Read more on Landgate’s Satellite Remote Sensing Services webpage.
HackED 2016 is open for registration!
Facilitated by SPUR, Landgate’s location and innovation hub, HackED is a free event for year 7-10 students interested in location information and spatial data.
The unique four hour event brings together students and industry mentors to develop prototype solutions to real world problems.
Last year 120 students from 24 teams from seven schools across Perth competed to develop map-based apps to help solve a diverse range of problems.
The 2016 event will be held on Thursday 18 August 2016 at Midland Town Hall from 9am to 2pm.
Visit Landgate’s HackED webpage for more information.