Strata Titles Glossary

About this glossary

This page collects the key terms used in the Strata Titles Act 1988 (SA) in plain English. The wording in the Act itself can be dense so these definitions are intended as a quick reference when you're working through corporation paperwork or a meeting agenda. For terms that have a deeper article on this site, follow the link at the end of the entry.

Terms (A–Z)

Allotment

The whole of the land described in a certificate of title. In a strata context, this is the parcel of land the strata scheme sits on.

Building

A fixed structure. The Act uses the term broadly, so it covers more than just houses or units including sheds, garages, balconies and similar structures all count.

Ceiling

Includes a false or suspended ceiling. This matters when working out where the unit boundary stops, because the boundary runs along the under surface of the ceiling.

Council

In areas covered by local government, "council" means the local municipal or district council. Outside those areas, the Outback Areas Community Development Trust takes the council's place.

The Court

The Supreme Court of South Australia. Most strata disputes are heard in the Magistrates Court as minor civil action, but the Act uses "the Court" specifically for the Supreme Court.

Deposited

In relation to a strata plan, "deposited" means lodged with the Lands Titles Registration Office and registered by the Registrar-General. Until a plan is deposited, the strata scheme doesn't legally exist.

Easement

Includes a right of way. An easement is a registered right for one party to use part of someone else's land for a specific purpose, whether that's drainage, access or running services through.

Encumbrance

A legal claim or obligation that affects the title to land. The Act's definition includes a life estate or lease, a mortgage or charge, a claim or lien, an easement, and a caveat. Encumbrances are something to look at carefully before buying a unit.

Fence

Includes a gate.

Floor

Includes a stairway or ramp.

Occupier

Anyone who occupies a unit, on either a temporary or permanent basis, alone or with others. The definition is deliberately wide and even includes people who are unlawfully in occupation.

Ordinary Resolution

A resolution passed at a properly convened meeting of the corporation by a simple majority of the votes of unit holders present and voting on the resolution. Abstentions are not counted against it. Unless the Act or the Articles provide otherwise, the decisions of a corporation in general meeting are made by ordinary resolution - including adopting the budget, setting levies, appointing officers, and appointing or removing the Management Committee.

Original Registered Proprietor

The person who was registered as the owner of the land immediately before the strata plan was deposited. In most cases this is the developer.

Owner

The proprietor of an estate in fee simple in the land. In plain terms, the person who legally holds the title.

Public Land

Land vested in a council, or land controlled or managed by a council.

Registered Encumbrance

An encumbrance recorded on the certificate of title. Once registered, an encumbrance is enforceable against future owners.

Site

The land in a strata plan, as distinct from the buildings and improvements on the land. The "site" is the dirt; the buildings are the buildings.

Special Resolution

A resolution that satisfies two conditions under Section 3 of the Strata Titles Act. First, at least 14 days' written notice setting out the terms of the proposed resolution (plus any information prescribed by regulation) must be given to unit holders. Second, the resolution must be passed at a properly convened meeting at which the votes cast against it are 25% or less of the total votes that could be cast if every unit holder attended and was entitled to vote.

Note the denominator: the 25% is measured against every vote in the group, not against the votes in the room. In a twelve-unit corporation, four votes against will defeat a special resolution no matter how many votes are cast in favour. Abstentions and absences are not counted against the resolution.

A different rule applies to a strata corporation of only three units where each owner has one vote: a special resolution passes if no more than one vote is cast against it.

Special resolutions are required for the more consequential decisions a corporation makes, such as varying the Articles or authorising building work and changes to the external appearance of a unit under Section 29. For how the vote is run in practice, see How to Run a Strata Meeting.

Statutory Encumbrance

A specific kind of encumbrance arising from an agreement under Part 14 of the Planning, Development and Infrastructure Act 2016 (which includes agreements made under Part 5 of the now-repealed Development Act 1993 and carried forward), or from other agreements continued in force by statute. Heritage agreements, native vegetation agreements and River Murray management agreements also fall into this category.

The Strata Community

Everyone who lives or works at the units in a strata scheme - owners, tenants and any business operators on site.

Strata Corporation

The body corporate that comes into existence the moment a strata plan is deposited. Every owner is automatically a member, and the corporation's functions and powers flow from the Strata Titles Act. See What a Strata Corporation Does for the practical detail.

Strata Scheme

Both the land in a strata plan and the buildings and improvements on that land. When people talk about "the scheme" they usually mean the whole package - land plus buildings.

Unanimous Resolution

A special resolution passed at a general meeting of the corporation without a single dissenting vote. The strictest level of corporate decision-making, used for the most consequential changes. For example, switching from unit-entitlement levies to equal levies (see the painting article for a worked example).

Unit

An area shown on a strata plan as a unit. The legal definition is deliberately circular but precise, a "unit" is whatever the deposited plan labels as one.

Unit Holder

A person registered as the owner of a unit in fee simple. If the title is split into a life estate with a remainder or reversionary interest, the registered life tenant is the unit holder. For practical guidance on what unit holders need to know, see Essentials for Unit Owners.

Wall

Includes a door or window. This matters when working out the boundary of common property, because the boundary of a unit runs along the inner surface of the wall.

A Note on Community Titles

The terms above are drawn from the Strata Titles Act 1988. Most of them have direct equivalents in the Community Titles Act 1996, with similar definitions but with "lot" in place of "unit", "lot owner" in place of "unit holder", and "community corporation" in place of "strata corporation". For the practical differences between strata title and community title, see Unit Titles Explained.

Have a Question?

If there's a term you've come across that isn't listed here, or you'd like a plain-English explanation of how it applies to your group, get in touch. Call us on 1300 792 255 or email hello@acaciacollective.com.au.