History in Australia
The various Australian states and territories each have jurisdiction in relation to strata and community titles. This means that each one has its own legislation, and while there is a degree of uniformity among some of the states, no two pieces of legislation are exactly the same.
Both strata and community titles in their statutory form originated in New South Wales. The first strata titles legislation was enacted in 1961 when the New South Wales Parliament passed the Conveyancing (Strata Titles) Act 1961. The first community titles legislation was enacted when the Community Land Development Act 1989 and the Community Land Management Act 1989 were passed by the same Parliament.
Beginning in 1961 all other Australian states and territories have passed strata titles legislation, although it is known by different names in some jurisdictions (e.g. building units titles, community titles and unit titles).
During the 1990s a number of states expanded their strata titles legislation to include community title type subdivisions, although, unlike New South Wales, they did not use separate statutes.
The two principal Australian jurisdictions are New South Wales and Queensland. Both of those states have "third generation" legislation. New South Wales replaced its 1961 legislation in 1973 and the 1973 legislation was substantially changed in 1996. Queensland's first strata titles legislation was passed in 1965 and replaced in 1980. The 1980 legislation was subsequently replaced in 1997.
Ongoing reviews of strata and community titles legislation are common in all Australian jurisdictions as governments try to meet the demands of home unit owners for resolution of the various problems of communal living.
Read more about this topic: Strata Title
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