{"id":"a-2001-58","name":"Community Title Act 2001","slug":"community-title-act-2001","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"58 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23302,"registerId":"act-a-2001-58-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of the Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\nSection 4A\n","sortOrder":0},{"sectionNumber":"4A","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"4A Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nSection 5\npage 4 Community Title Act 2001\n","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Nature of community title","content":"Part 2 Nature of community title\n5 Community title schemes\n(1) A community title scheme consists of—\n(a) a master plan for developing the scheme land; and\n(b) a management statement that complies with this part; and\n(c) the constituent documents for the body corporate to be formed\non the registration of the scheme; and\n(d) the by-laws of the body corporate.\n(2) A community title scheme must include—\n(a) 1 or more lots that are common property; and\n(b) 2 or more lots that are not common property.\n(3) The land included in a community title scheme must form a single\narea that is not divided by anything other than—\n(a) a road; or\n(b) a body of water (other than a lake within the meaning of the\nLakes Act 1976); or\n(c) an area prescribed by regulation.\n","sortOrder":2},{"sectionNumber":"6","sectionType":"section","heading":"Form and content of master plan","content":"6 Form and content of master plan\nThe master plan forming part of a community title scheme must—\n(a) contain a site plan that—\n(i) delineates the site; and\n(ii) shows each lot included in the scheme; and\n(iii) identifies the lots that are common property; and\n\nNature of community title schemes Part 2\nSection 7\n(iv) shows the position of all buildings on the site; and\n(b) contain a sketch that complies with the regulations showing the\nexpected appearance of the finished development; and\n(c) include a description of the general theme (if any) of the\ndevelopment (for example, the architectural style or the nature\nof landscaping); and\n(d) include any other information prescribed by regulation.\n","sortOrder":3},{"sectionNumber":"7","sectionType":"section","heading":"Form and content of management statements","content":"7 Form and content of management statements\nA management statement that forms part of a community title scheme\nmust include—\n(a) the name and address of the developer; and\n(b) a description of the stages, and the sequence of stages, in which\nany development of scheme land is to be carried out; and\n(c) a plan showing construction zones and access zones and the\nnature of the use that may be made of them; and\n(d) a schedule of times for starting and finishing each stage of any\nproposed development of scheme land (which may be fixed by\nreference to the calendar, the finishing of a previous element of\nthe scheme, or to progress in the sale of lots or on any other\nreasonable basis); and\n(e) if a body corporate is to be established (other than on registration\nof the scheme) for any elements of the scheme—a copy of the\ndocuments that are to establish the body corporate; and\n(f) a schedule of the hours when work may be carried out on the\nproposed development; and\n\nSection 7\npage 6 Community Title Act 2001\n(g) a description of the amenities to be provided as part of the\nproposed development and a statement of—\n(i) the purposes for which the amenities are to be provided;\nand\n(ii) the extent to which the amenities are to be available for use\nby owners and occupiers of lots and their invitees; and\n(iii) the arrangements for providing and maintaining the\namenities and defraying the cost of their provision and\nmaintenance; and\n(h) a schedule (the lot entitlement schedule) setting out—\n(i) for each lot that is not to be common property—a whole\nnumber that is the lot entitlement for the lot; and\n(ii) a whole number that is the total of the entitlements of all\nlots that are not to be common property; and\n(i) a statement of the voting rights of the members of the body\ncorporate at a general meeting if a poll is required; and\n(j) any other information or materials prescribed by regulation.\n\nSection 8\n","sortOrder":4},{"sectionNumber":"Part 3","sectionType":"part","heading":"Establishment of community title","content":"Part 3 Establishment of community title\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Community title scheme proposal—application for","content":"8 Community title scheme proposal—application for\napproval\n(1) The developer of a community title scheme may apply to the territory\nplanning authority, in writing, for approval of the scheme.\n(2) The application must be signed by—\n(a) the developer; and\n(b) if the developer is not the lessee of every lot to be included in\nthe scheme—the lessee of each lot that is not leased to the\ndeveloper; and\n(c) if the application relates to land under a declared land sublease\nand—\n(i) the developer is not the sublessee—the sublessee; and\n(ii) the developer is not the Crown lessee—the Crown lessee.\n(3) Each person who signs the application is taken to be the applicant in\nrelation to it.\n(4) The application must be accompanied by the documents that\ncomprise the proposed community title scheme.\n(5) The documents that comprise the scheme must comply with any\nrequirement prescribed by regulation.\n(6) The application may be made whether the site is entirely undeveloped\nor partly developed.\n\nSection 9\npage 8 Community Title Act 2001\n","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Power of authority to require changes to scheme","content":"9 Power of authority to require changes to scheme\nproposal\nBefore approving a proposed community title scheme, the territory\nplanning authority may require changes to the scheme that need to be\nmade for the scheme to comply with this Act.\n","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Community title scheme proposal—approval","content":"10 Community title scheme proposal—approval\n(1) The territory planning authority may approve a community title\nscheme proposal if satisfied that—\n(a) the proposal is in accordance with section 8 (Community title\nscheme proposal—application for approval); and\n(b) the proposed community title scheme complies with\nsection 5 (2) and (3) (Community title schemes); and\n(c) the proposed lot entitlement schedule is reasonable having\nregard to the prospective relative values of the lots to be included\nin the scheme that are not to be common property.\n(2) The territory planning authority may refuse to approve a community\ntitle scheme proposal if the authority considers the proposal relates to\na single building or single set of physically related buildings with no,\nor limited, external open space.\n(3) For subsection (2), the authority must take into account whether—\n(a) the proposed lots correspond to attached or semi-detached\nbuildings; and\n(b) the proposed lots are limited wholly or partly by height or depth;\nand\n(c) the common property is above or below another proposed lot;\nand\n\nSection 10\n(d) if the community title scheme proposal relates to a single set of\nphysically related buildings—\n(i) the buildings are physically integrated, for example,\nthrough underground car parking or physical overpasses;\nand\n(ii) the buildings make use of physically integrated common\nfacilities, for example, lifts and underground car parking;\nand\n(e) the amount of open space is limited relative to the buildings in\nthe community title scheme proposal.\nExamples—open space\n1 lawns and gardens\n2 internal roads\n(4) The territory planning authority may refuse to approve a community\ntitle scheme if the lessee of a lot proposed to be included in the\nscheme is in breach of the lease, or a provision of (or requirement\nunder) the Planning Act 2023 that applies to the lessee because the\nlessee is the lessee of the lot.\n(5) The territory planning authority may refuse to approve a community\ntitle scheme proposal if the proposal is inconsistent with a heritage\nguideline or heritage direction under the Heritage Act 2004.\n\nSection 11\npage 10 Community Title Act 2001\n11 Community title scheme proposal—amendment of\nmanagement statement\nIf a community title scheme proposal provides for development of the\nscheme land in stages, the territory planning authority may, before\napproving the proposal under section 10, amend the management\nstatement if the authority considers it reasonable to do so to reduce\nthe adverse effect of the development on anyone’s amenity while it is\ntaking place.\nExamples of people whose amenity may be affected\n1 Owners or occupiers of lots, or parts of lots, in the scheme.\n2 Owners or occupiers of nearby premises.\n3 Members of the public who regularly use the surrounding area.\n12 Notice of approval of community title scheme proposal\nIf the territory planning authority approves a community title scheme\nproposal, the authority must give the developer of the scheme—\n(a) written notice of the approval including particulars of any\nsecurity required under section 13; and\n(b) a schedule setting out the provisions under which leases of the\nlots of common property are to be held.\n13 Security for staged developments and unfinished works\n(1) This section applies—\n(a) to a community title scheme that provides for development of\nthe scheme land in stages (a staged development); and\n(b) to works (including landscaping, roadworks and work on\ndriveways) needed for a development provided for in an\napproved community title scheme proposal that (in the opinion\nof the territory planning authority) will not be finished when the\ncommunity title scheme plan is endorsed under section 14.\n\nSection 14\n(2) If this section applies, the territory planning authority may, by written\nnotice to the developer of the scheme, require the developer to give a\nbond to the Territory providing security—\n(a) for a staged development—for the completion of the\ndevelopment in accordance with the management statement; or\n(b) in any other case—for the completion of the works, as provided\nfor in the community title proposal, within the time mentioned\nin the notice.\n(3) The required security must not be more than—\n(a) for a staged development—10% of the total cost of the work\nnecessary to finish the staged development; or\n(b) in any other case—the amount needed to finish the incomplete\nworks as required by the notice.\n(4) If a bond is forfeited, the Territory is entitled to all of the security or\nto a lesser amount decided by the territory planning authority.\n","sortOrder":8},{"sectionNumber":"14","sectionType":"section","heading":"Endorsement of community title plan for registration","content":"14 Endorsement of community title plan for registration\nIf the territory planning authority has approved a community title\nscheme and the full amount of any security required under section 13\nhas been provided, the authority must—\n(a) place on the documents that comprise the scheme an\nendorsement that the documents are approved under this Act as\nthe community title scheme for the scheme land; and\n(b) sign and date the endorsement.\n\nSection 15\npage 12 Community Title Act 2001\n","sortOrder":9},{"sectionNumber":"15","sectionType":"section","heading":"Expiry of endorsement","content":"15 Expiry of endorsement\n(1) An endorsement of a community title scheme under section 14 ceases\nto have effect—\n(a) 3 months after it is made, unless the scheme is, before that time,\nlodged with the registrar-general for registration under the Land\nTitles Act 1925; or\n(b) if the scheme is so lodged within 3 months after the endorsement\nis made, but is later withdrawn under that Act, section 26—when\nthe endorsement under that section is made by the registrar-\ngeneral.\n(2) If an endorsement of a community title scheme ceases to have effect,\nthe developer may again submit the scheme to the territory planning\nauthority for endorsement under section 14 (Endorsement of\ncommunity title plan for registration), after which that section and this\nsection apply as if the previous endorsement had not been made.\n","sortOrder":10},{"sectionNumber":"16","sectionType":"section","heading":"Request to register community title scheme","content":"16 Request to register community title scheme\n(1) The developer of a community title scheme may lodge with the\nregistrar-general a request for registration of the scheme.\n(2) The request must be accompanied by (in addition to documents\nrequired under the Land Titles Act 1925) the scheme documents\nendorsed by the territory planning authority under section 14\n(Endorsement of community title plan for registration).\n","sortOrder":11},{"sectionNumber":"17","sectionType":"section","heading":"Registration of community title scheme","content":"17 Registration of community title scheme\n(1) If a request to register a community title scheme complies with this\nAct and is in registrable form under the Land Titles Act 1925, the\nregistrar-general must—\n(a) register the scheme; and\n(b) record the registration of the scheme on the folio of the land\ntitles register for each lot included in the scheme.\n\nSection 17\n(2) The registration of the scheme takes effect when the registrar-general\nfinishes the action mentioned in subsection (1).\n\nSection 18\npage 14 Community Title Act 2001\n18 Common property\nThe common property of a community title scheme is all the lots\nincluded in the scheme that are identified as common property in the\nmaster plan for the scheme.\n19 Vesting of common property\nThe common property of a community title scheme vests in the body\ncorporate of the scheme.\n\nDevelopment rights Part 5\nSection 20\nPart 5 Development rights\n20 Development rights\n(1) The developer of a community title scheme is entitled to reasonable\naccess to, and use of, the scheme land—\n(a) to carry out the proposed development; and\n(b) for other purposes related to development stated in the\nmanagement statement except subdivision of the common\n(2) The rights of others in relation to the scheme land (including rights in\nrelation to lots that are not common property) are subordinate to the\nrights of the developer under this section.\n(3) The by-laws cannot limit the rights of a developer under this section.\n21 Progressive development\n(1) The land subject to a community title scheme is to be progressively\ndeveloped in accordance with the scheme.\n(2) The territory planning authority may refuse to approve an application\nunder the Planning Act 2023, chapter 7 for approval to carry out an\nactivity needed for the development of a stage of the scheme if an\nearlier stage of the scheme has not been finished as required by the\n\nSection 22\npage 16 Community Title Act 2001\n","sortOrder":12},{"sectionNumber":"22","sectionType":"section","heading":"Application for authorisation to amend scheme","content":"22 Application for authorisation to amend scheme\n(1) The developer under a registered community title scheme, or the body\ncorporate of the scheme, may apply to the territory planning authority\nfor an authorisation to amend the scheme and to make any\nconsequential amendments needed to the lot entitlement schedule.\n(2) The territory planning authority may, by written notice, require the\napplicant to provide additional information or documents needed to\nconsider the application (including a certificate from a qualified\nvaluer about the effect of the proposed amendment of the scheme on\nthe potential relative values of the lots in the scheme).\n(3) The territory planning authority may defer consideration of an\napplication until any required additional information and documents\nare provided.\n","sortOrder":13},{"sectionNumber":"23","sectionType":"section","heading":"Authorisation of amendment","content":"23 Authorisation of amendment\n(1) The territory planning authority may authorise an amendment of a\ncommunity title scheme on an application under section 22 if satisfied\nthat—\n(a) each person with a registered interest in a lot in the scheme, and\neach prospective owner of a lot in the scheme, consents to the\namendment; and\n(b) the scheme as amended is consistent with the territory plan; and\n(c) for an amendment of the lot entitlement schedule—the\namendment is necessary to reflect accurately a change in the\nrelative values of lots because of other amendments of the\n(2) The territory planning authority may—\n(a) authorise the amendment unconditionally; or\n\nAmendment of schemes Part 6\nSection 24\n(b) authorise the amendment subject to conditions; or\n(c) refuse to authorise the amendment.\n(3) In this section:\nregistered interest means an interest registered under the Land Titles\nAct 1925.\n","sortOrder":14},{"sectionNumber":"24","sectionType":"section","heading":"Expiry of authorisation","content":"24 Expiry of authorisation\n(1) An authorisation under section 23 ceases to have effect—\n(a) 3 months after it is given, unless the amendment it authorises is,\nbefore that time, lodged with the registrar-general for\nregistration under the Land Titles Act 1925; or\n(b) if the amendment is so lodged within 3 months after the\nauthorisation is given, but is later withdrawn under section 26 of\nthat Act—when the endorsement under that section is made by\nthe registrar-general.\n(2) If an authorisation of an amendment ceases to have effect, the\ndeveloper may again apply to the territory planning authority under\nsection 22 (Application for authorisation to amend scheme) for\nauthorisation to make the amendment, after which that section,\nsection 23 (Authorisation of amendment) and this section apply as if\nthe previous authorisation had not been given.\n","sortOrder":15},{"sectionNumber":"25","sectionType":"section","heading":"Request to register amendment","content":"25 Request to register amendment\n(1) The developer of a community title scheme may lodge with the\nregistrar-general a request for registration of an amendment of the\n(2) The request must be accompanied by (in addition to documents\nrequired under the Land Titles Act 1925)—\n(a) the proposed scheme as amended, indicating the amendments;\nand\n\nSection 26\npage 18 Community Title Act 2001\n(b) the authorisation of the amendment under section 23\n(Authorisation of amendment).\nNote The amendment may only be registered if the certification or verification\nrequirements under the Land Titles Act 1925, s 48BA, s 48BB or s 48BC\nare met.\n","sortOrder":16},{"sectionNumber":"26","sectionType":"section","heading":"Registration of amendment","content":"26 Registration of amendment\n(1) If a request to register an amendment of a community title scheme\ncomplies with this Act and is in registrable form under the Land Titles\nAct 1925, the registrar-general must—\n(a) register the scheme as amended; and\n(b) record the registration of the scheme in the folio of the land titles\nregister for any lot not formerly within the scheme that is within\nthe scheme as amended.\n(2) The registration of the amendment takes effect when the\nregistrar-general finishes the action mentioned in subsection (1).\n","sortOrder":17},{"sectionNumber":"27","sectionType":"section","heading":"Amendment by the Supreme Court","content":"27 Amendment by the Supreme Court\n(1) In this section:\ninterested person means each of the following:\n(a) the developer of the community title scheme;\n(b) the body corporate;\n(c) an owner or prospective owner of a lot of scheme land;\n(d) for scheme land under a declared land sublease—the Crown\nlessee;\n(e) the registrar-general;\n(f) anyone else who has, in the Supreme Court’s opinion, a proper\ninterest in the scheme.\n\nAmendment of schemes Part 6\nSection 27\n(2) The Supreme Court may, on application by an interested person,\norder that a community title scheme be amended if satisfied that it is\nimpossible or impracticable to finish the scheme as proposed in the\nmaster plan and management statement.\n(3) The applicant must give notice of the application to each other\ninterested person.\n(4) An interested person may appear and be heard in the proceeding.\n(5) The Supreme Court may make an order—\n(a) extending the time for completion of 1 or more stages of the\ncommunity title scheme; or\n(b) changing the order in which the various stages of the scheme are\nto be finished; or\n(c) amending the scheme in other ways to ensure (so far as\npracticable) its successful completion.\n(6) An order may also—\n(a) provide for the payment of compensation in addition to, or\ninstead of, damages or compensation to which a person would\notherwise be entitled; and\n(b) amend rights and obligations arising under this Act in relation\nto the community title scheme; and\n(c) make any other provision the Supreme Court considers just and\nequitable.\n(7) The Supreme Court may, on application by an interested person,\namend or revoke an order under this section.\n(8) Subsections (3) and (4) apply to an application to amend or revoke an\norder under this section.\n\nSection 27\npage 20 Community Title Act 2001\n(9) A copy of an order under this section (including an order amending\nor revoking an earlier order) must be lodged with the registrar-general\nby the person who obtained the order.\n(10) The registrar-general must register the order and, on registration, it\nbecomes part of the scheme.\n\nEnforcement of schemes Part 7\nSection 28\n","sortOrder":18},{"sectionNumber":"28","sectionType":"section","heading":"Injunction","content":"28 Injunction\n(1) The Supreme Court may, on application by an interested person, grant\na mandatory injunction requiring the developer of a community title\nscheme to finish the scheme in accordance with the terms of the\n(2) In this section:\ninterested person means each of the following:\n(a) a body corporate for the community title scheme;\n(b) an owner or prospective owner of a lot of scheme land;\n(c) for scheme land under a declared land sublease—the Crown\nlessee;\n(d) the owners corporation of a units plan within the scheme;\n(e) the Minister;\n(f) the territory planning authority.\n","sortOrder":19},{"sectionNumber":"29","sectionType":"section","heading":"Implied term in contract for sale of lot","content":"29 Implied term in contract for sale of lot\n(1) Until the development of a community title scheme is finished, the\ndeveloper of the scheme warrants to a person who purchases a lot or\na proposed lot of scheme land, or who is a prospective owner of a lot\nor a proposed lot of scheme land, that the development will be carried\nout in accordance with the scheme.\n(2) A warranty under subsection (1)—\n(a) is enforceable in the same way as a contractual warranty; and\n(b) cannot be limited or excluded by contract.\n\nSection 29\npage 22 Community Title Act 2001\n(3) Without limiting the damages recoverable for breach of the statutory\nwarranty, the owner or prospective owner of a lot may recover\ndamages for the loss of a reasonably expected capital appreciation of\nthe lot that would have resulted from completion of the development\nin accordance with the terms of the community title scheme.\n\nEstablishment of bodies corporate Division 8.1\nSection 30\n","sortOrder":20},{"sectionNumber":"30","sectionType":"section","heading":"Establishment of body corporate","content":"30 Establishment of body corporate\n(1) On the registration of a community title scheme, a body corporate is\nestablished under the name ‘Community Title Scheme No ’.\n(2) The number to be included in the name of a body corporate\nestablished under this section is the number allotted to the community\ntitle scheme by the registrar-general on its registration.\n","sortOrder":21},{"sectionNumber":"31","sectionType":"section","heading":"Legal status of body corporate","content":"31 Legal status of body corporate\nA body corporate—\n(a) has perpetual succession; and\n(b) must have a common seal; and\n(c) may sue and be sued in its corporate name.\n32 Members of body corporate\n(1) The members of the body corporate of a community title scheme are\nthe people who are for the time being the owners of the lots in the\nscheme that are not common property.\n(2) If a lot in a community title scheme that is not common property is\nowned by more than 1 person, each part-owner is a member of the\nbody corporate of the scheme.\n\nSection 33\npage 24 Community Title Act 2001\n","sortOrder":22},{"sectionNumber":"33","sectionType":"section","heading":"Merger and division of bodies corporate","content":"33 Merger and division of bodies corporate\n(1) A body corporate may be divided into 2 or more separate bodies\ncorporate by unanimous resolution of the body corporate.\n(2) Rights and liabilities that had accrued to the body corporate before\nthe division takes effect attach to the bodies corporate established by\nthe division both separately and collectively.\n(3) Two or more bodies corporate established for a scheme may merge\nto form a single body corporate.\n(4) Any rights and liabilities that had accrued to the bodies corporate\nsubject to the merger before the merger takes effect attach to the body\ncorporate established by the merger.\n(5) A merger of bodies corporate, or a division of a body corporate, under\nthis section does not take effect until the community title scheme is\namended to reflect the merger or division.\n(6) If 2 or more bodies corporate are established for the same scheme,\nconstituent documents for the bodies corporate must—\n(a) define the functions and responsibilities of each body corporate\nand, in doing so, may create an administrative hierarchy with 1\nor more bodies corporate at each level of the hierarchy; and\n(b) provide for the resolution of disputes between the bodies\ncorporate; and\n(c) ensure the powers of a body corporate under this Act, so far as\nthey relate to a lot within the scheme, are directly exercisable in\nrelation to the lot by only a single body corporate.\n\nEstablishment of bodies corporate Division 8.1\nSection 34\n","sortOrder":23},{"sectionNumber":"34","sectionType":"section","heading":"Common seal","content":"34 Common seal\n(1) A body corporate’s common seal must include the body corporate’s\nname.\n(2) The seal must not be attached to a document unless its use has been\nauthorised by a resolution of the body corporate or its committee of\nmanagement.\n(3) The attachment of the seal must be witnessed by at least 2 members\nof the body corporate (unless there is only 1 member, in which case\nthe attachment of the seal must be witnessed by the member).\n(4) The body corporate must take reasonable precautions to prevent\nunauthorised use of the seal.\n(5) If a document appears to have the common seal of a body corporate\nattached, and the attachment of the seal appears to have been\nwitnessed as required by this section—\n(a) a person dealing with the body corporate without notice of\nirregularity is entitled to assume that the seal was properly\nattached; and\n(b) in legal proceedings or proceedings before a Territory official,\nit must be presumed, in the absence of evidence to the contrary,\nthat the seal was properly attached.\n(6) This section does not limit how a body corporate may execute a\ndocument.\n\nSection 35\npage 26 Community Title Act 2001\n","sortOrder":24},{"sectionNumber":"35","sectionType":"section","heading":"Functions of body corporate","content":"35 Functions of body corporate\n(1) A body corporate has the functions given to it by the body corporate’s\nconstituent documents that form part of the registered scheme.\n(2) A body corporate may establish and operate a business on the\ncommon property or, with the owner’s agreement, on a lot in the\nscheme that is not common property, if—\n(a) the business—\n(i) is conducted according to law; and\n(ii) is related to use and enjoyment of the common property,\nand lots in the scheme that are not common property, by\nowners or occupiers of lots in the scheme; and\n(iii) is not conducted outside the scheme land; and\n(iv) does not prevent the reasonable use and enjoyment of the\nscheme land by the owners or occupiers of lots in the\nscheme; and\n(b) separate records of the business are kept.\n","sortOrder":25},{"sectionNumber":"36","sectionType":"section","heading":"Borrowing powers","content":"36 Borrowing powers\nA body corporate may, if authorised by a unanimous resolution, do\neither or both of the following:\n(a) borrow amounts required for the exercise of its functions;\n(b) secure the repayment of amounts borrowed by it and the\npayment of interest on amounts borrowed by it.\n\nFunctions of bodies corporate Division 8.2\nSection 37\n","sortOrder":26},{"sectionNumber":"37","sectionType":"section","heading":"Recovery of expenditure resulting from member’s etc","content":"37 Recovery of expenditure resulting from member’s etc\ndefault\n(1) This section applies if a body corporate has, in carrying out its\nfunctions, incurred expense, or carried out any work, that is necessary\nbecause of—\n(a) a wilful or negligent act or omission of a member of the\ncommunity title scheme, or an occupier of the member’s lot; or\n(b) a breach of its by-laws by a member of the community title\nscheme, or an occupier of the member’s lot.\n(2) The amount of the expense, or the amount spent on the cost of the\nwork, is recoverable by the body corporate from the member as a\ndebt.\n(3) If a body corporate receives or recovers an amount under\nsubsection (2) from a member of the community title scheme for an\nact, omission or breach of an occupier of the member’s lot, the\nmember may recover the amount from the occupier as a debt.\n(4) In this section:\nwork carried out by a body corporate means maintenance or anything\nelse the body is authorised or required under this Act to do.\n","sortOrder":27},{"sectionNumber":"38","sectionType":"section","heading":"Public liability insurance by body corporate","content":"38 Public liability insurance by body corporate\n(1) A body corporate of a community title scheme must take out and\nmaintain public liability insurance for all of the following events\nhappening in relation to the common property of the scheme because\nof an accident:\n(a) death, bodily injury or illness of anyone;\n(b) loss of, or damage to, the property of anyone.\n(2) Public liability insurance under subsection (1) must be for a total\namount of liability not less than the amount prescribed by regulation.\n\nSection 39\npage 28 Community Title Act 2001\n","sortOrder":28},{"sectionNumber":"39","sectionType":"section","heading":"Building insurance by body corporate","content":"39 Building insurance by body corporate\n(1) A body corporate of a community title scheme must insure and keep\ninsured all buildings on the common property of the scheme for their\nreplacement value from time to time against all of the following risks:\n(a) fire, lightning, tempest, earthquake and explosion;\n(b) riot, civil commotion, strikes and labour disturbances;\n(c) malicious damage;\n(d) bursting, leaking and overflowing of boilers, water tanks, water\npipes and associated apparatus;\n(e) impact of aircraft (including parts of, and objects falling from,\naircraft) and road vehicles, horses and cattle.\n(2) However, if the replacement value of all buildings on the common\nproperty of the community title scheme is less than the amount\nprescribed by regulation, the body corporate may, by unanimous\nresolution, exempt itself from the requirement to take out building\ninsurance under subsection (1) for any risk stated in the exemption\nresolution.\n(3) An exemption resolution under subsection (2) has effect on the day\nafter the general meeting when it is passed until the day of the next\nannual general meeting.\n","sortOrder":29},{"sectionNumber":"40","sectionType":"section","heading":"General meetings of body corporate","content":"40 General meetings of body corporate\n(1) An annual general meeting of the body corporate of a community title\nscheme must be held within 3 months after the body corporate’s\nformation.\n(2) An annual general meeting of the body corporate (other than the first)\nmust be held within 15 months after the last annual general meeting\nof the body corporate.\n\nMembership and general meetings Division 8.3\nSection 41\n(3) The body corporate’s committee of management may call a special\ngeneral meeting of the body corporate at any time and must do so if\nrequired by not less than 1/3 of the total number of members of the\nbody corporate.\n(4) The body corporate’s committee of management must, at least\n14 days before a general meeting of the body corporate, give to each\nmember of the body corporate written notice—\n(a) stating the date, time and place of the general meeting; and\n(b) stating the nature of the business to be transacted; and\n(c) if a unanimous resolution is to be put to the general meeting—\nsetting out the proposed resolution.\n(5) If a lot is owned jointly or in common by 2 or more people, the notice\nmay be addressed to the co-owners jointly and given or sent to any of\nthem.\n","sortOrder":30},{"sectionNumber":"41","sectionType":"section","heading":"Voting at general meeting","content":"41 Voting at general meeting\n(1) A member of the body corporate may vote personally or by proxy on\nissues to be decided at a general meeting.\n(2) Voting may be by show of hands but, if a poll is required, voting is in\naccordance with the constituent documents of the body corporate.\n(3) Co-owners may vote by proxy jointly appointed by them and, without\nsuch a proxy, they may not vote on a show of hands (except on a\nmotion for a unanimous resolution).\n(4) However a co-owner may require a poll and on the poll a co-owner is\nentitled to voting rights proportionate to the co-owner’s interest in the\nlot.\n(5) If a mortgagee is in possession of a lot under a mortgage, the\nmortgagee is entitled to exercise the voting rights of the lessee, to the\nexclusion of the rights of the lessee.\n\nSection 42\npage 30 Community Title Act 2001\n","sortOrder":31},{"sectionNumber":"42","sectionType":"section","heading":"People under 18 or under other legal disabilities","content":"42 People under 18 or under other legal disabilities\n(1) The right of a person to vote at a general meeting may not be\nexercised by the person if—\n(a) the person is under 18 years old; or\n(b) the person is under any other legal disability preventing the\nperson from dealing with his or her property.\n(2) The right to vote of an incapacitated person (under subsection (1))\nmay be exercised—\n(a) if the person is under 18 years old—by the person’s parent or\nguardian; or\n(b) if the person is under any other legal disability—by a person for\nthe time being authorised by law to control the person’s\n","sortOrder":32},{"sectionNumber":"43","sectionType":"section","heading":"Committee of management","content":"43 Committee of management\n(1) A body corporate may, by ordinary resolution—\n(a) appoint a committee of management to transact business for the\nbody corporate; or\n(b) change the membership of a committee of management; or\n(c) overrule a decision of the committee of management (so far as\nit has not been acted on); or\n(d) remove a committee of management from office.\n(2) A committee of management may, subject to limitations and\ndirections imposed or given by the body corporate in a general\nmeeting, exercise any powers of the body corporate except powers\nthat may only be exercised by a unanimous resolution of the body\ncorporate.\n\nManagement Division 8.4\nSection 44\n(3) A committee of management—\n(a) must consist of at least 2 members of the body corporate; and\n(b) may consist of members representing sectional interests in the\n(4) Subject to any rules to the contrary made by the body corporate in a\ngeneral meeting—\n(a) a majority of the total number of members of the committee of\nmanagement form a quorum of the committee; and\n(b) a decision in which a majority of the members present at a\nmeeting of the committee agree is a decision of the committee.\n(5) The committee must keep appropriate minutes of its proceedings and\nmust make them available for inspection on request by a member of\nthe body corporate.\n","sortOrder":33},{"sectionNumber":"44","sectionType":"section","heading":"Appointment of manager","content":"44 Appointment of manager\n(1) The body corporate may appoint a manager and delegate to the\nmanager functions related to the administration, management and\ncontrol of the common property.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see Legislation\nAct, s 207).\nNote 3 For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n(2) A manager is subject to control and direction by the body corporate\nacting in general meeting or through a committee of management.\n\nSection 45\npage 32 Community Title Act 2001\n","sortOrder":34},{"sectionNumber":"45","sectionType":"section","heading":"Administrative fund","content":"45 Administrative fund\n(1) A body corporate must keep a fund for meeting its financial\nobligations under this Act.\n(2) All income must be paid into the fund and all expenditure must be\nmade from the fund.\n(3) If the body corporate considers it appropriate, the fund may be\nsubdivided into separate parts, one related to recurrent expenditure\nand the other related to capital expenditure.\n(4) The fund must be kept at a level sufficient to meet reasonably\nforeseeable expenditure to be incurred by the body corporate.\n","sortOrder":35},{"sectionNumber":"46","sectionType":"section","heading":"Contributions","content":"46 Contributions\n(1) The body corporate may from time to time levy contributions in\nrelation to the lots in the scheme to raise an amount the body\ncorporate decides to be necessary to meet expected expenditure.\n(2) The contributions must be levied on a basis fixed by the management\nstatement registered under this Act.\n(3) A contribution must be paid by a day fixed by the body corporate and\nnotified to the owner of the lot by written notice of the amount\npayable.\n(4) The day fixed by the notice must be—\n(a) not earlier than 14 days after the owner is given the notice; and\n(b) not later than 28 days after the owner is given the notice.\n(5) The owner of the lot on the day by which the amount is payable is\nliable for the contribution and a person who later becomes an owner\nbefore the contribution is paid becomes separately and collectively\nliable for the payment.\n\nBy-laws Division 8.5\nSection 47\n","sortOrder":36},{"sectionNumber":"47","sectionType":"section","heading":"Interest on overdue contributions","content":"47 Interest on overdue contributions\n(1) Interest accrues on overdue contributions at a rate fixed by resolution\nof the body corporate.\n(2) The rate of interest must be fixed on a fair and reasonable basis.\n","sortOrder":37},{"sectionNumber":"48","sectionType":"section","heading":"Power to make by-laws","content":"48 Power to make by-laws\n(1) The body corporate may make by-laws about—\n(a) the administration, management and control of the common\nproperty; and\n(b) the use and enjoyment of privately owned lots and the common\n(2) A by-law may—\n(a) adopt with or without change the by-laws in schedule 1; or\n(b) amend or revoke a by-law.\n(3) The first by-laws of the body corporate are to be—\n(a) the by-laws lodged with the community title scheme; or\n(b) if no by-laws are lodged with the scheme—the by-laws in\nschedule 1.\n(4) The by-laws lodged with the scheme may include exclusive use\nby-laws.\n(5) If the by-laws of a body corporate do not deal with a subject required\nunder this Act to be dealt with in the by-laws, the body corporate is\ntaken to have adopted the relevant by-law in schedule 1 on that\nsubject.\n(6) The first by-laws of the body corporate come into operation on the\nregistration of the scheme.\n\nSection 49\npage 34 Community Title Act 2001\n","sortOrder":38},{"sectionNumber":"49","sectionType":"section","heading":"Limitations on by-law making power","content":"49 Limitations on by-law making power\n(1) A by-law cannot—\n(a) change a statutory easement or prohibit or restrict the enjoyment\nof a statutory easement; or\n(b) restrict an owner’s right to deal with or dispose of a lot unless\nthe restriction—\n(i) is necessary to preserve the character of the scheme; and\n(ii) is made in accordance with the management statement of\nthe scheme.\n(2) However a by-law may impose a minimum term (not longer than\n6 months) for the letting of lots.\n","sortOrder":39},{"sectionNumber":"50","sectionType":"section","heading":"Registration and commencement of changes to by-laws","content":"50 Registration and commencement of changes to by-laws\n(1) If a body corporate makes a by-law, the body corporate must, within\n3 months after passing the resolution for making the by-law, lodge an\napplication for registration of the by-law with the registrar-general—\n(a) setting out the text of the by-law; and\n(b) stating the nature of the resolution by which the by-law was\nmade; and\n(c) stating the day the resolution for making the by-law was passed.\n(2) If the application is not lodged within 3 months, the resolution ceases\nto have effect.\n(3) A by-law commences on the day the registrar-general registers the\nby-law or, if a later day is stated in the by-law, the later day.\n\nBy-laws Division 8.5\nSection 51\n","sortOrder":40},{"sectionNumber":"51","sectionType":"section","heading":"Exclusive use by-laws","content":"51 Exclusive use by-laws\n(1) The body corporate may, by unanimous resolution, make a by-law\n(an exclusive use by-law) giving the owner of a lot exclusive rights\nto the use and enjoyment of, or other special rights over, the common\nproperty or part of the common property.\n(2) An exclusive use by-law must—\n(a) clearly identify or define the part of the common property to\nwhich the by-law applies; or\n(b) set aside a clearly identified part of the common property for\nallocation to the owners of lots by a person (who may be the\noriginal proprietor or the original proprietor’s agent) authorised\nto make the allocation or provide for another method of\nallocation to the owners of lots.\n(3) An exclusive use by-law may give rights to the owner of a lot only if\nthe owner agrees in writing before—\n(a) the by-law is made; or\n(b) the allocation to the owner of the part of the common property\nto which the rights relate.\n(4) If the owner to whom the rights are given first agrees in writing, an\nexclusive use by-law may impose conditions (which may include\nconditions requiring the owner to make a payment or periodic\npayments to the body corporate or the owners of other lots or both).\n(5) An exclusive use by-law is taken, unless it specifically provides\notherwise, to make the owner of the lot responsible for maintenance\nof the part of the common property over which the rights are given by\nthe by-law.\n\nSection 52\npage 36 Community Title Act 2001\n(6) An exclusive use by-law may allow the owner who has the benefit of\nthe by-law to make particular improvements to the part of the\ncommon property to which the by-law applies (which may consist of\nor include the installation of particular fixtures or the making of\nparticular changes to that part of the common property) but, if the by-\nlaw does not give that permission, it is not to be taken to allow the\nowner to make improvements to the common property.\n(7) If an exclusive use by-law imposes a monetary liability—\n(a) the liability may be recovered as a debt; and\n(b) the liability is enforceable separately and collectively against the\nperson who was the owner of the lot when the liability arose and\na successor in title.\n(8) An exclusive use by-law may be revoked by an ordinary resolution.\n","sortOrder":41},{"sectionNumber":"52","sectionType":"section","heading":"Legal effect of by-laws","content":"52 Legal effect of by-laws\n(1) There are taken to be agreements under seal between the body\ncorporate of a community title scheme and the owner of each lot in\nthe scheme that is not common property, and between the owner of\neach lot in the scheme that is not common property and the owner of\neach other such lot, under which the body corporate and the owners\nof the lots agree to be bound by the by-laws of the scheme.\n(2) An occupier of a lot in a community title scheme (who is not the\nowner of the lot) is bound by each by-law of the scheme as if the\noccupier were the owner of the lot, unless the by-laws provide\notherwise.\n(3) If the owner of a lot in a community title scheme does not occupy the\nlot, the owner is liable separately and collectively with an occupier of\nthe lot for any breach of the by-laws of the scheme by the occupier,\nunless the owner establishes that the owner took reasonable\nprecautions and exercised appropriate care to prevent the breach.\n\nSection 53\n(4) An occupier of a lot in a community title scheme who occupies the\nlot under a residential tenancy agreement within the meaning of the\nResidential Tenancies Act 1997 is not bound by any by-law of the\nscheme to the extent that the by-law is inconsistent with the\nprescribed terms (or terms to the effect of the prescribed terms) to\nwhich the agreement is subject under section 8 of that Act.\n","sortOrder":42},{"sectionNumber":"53","sectionType":"section","heading":"Breach of by-laws—remedy","content":"53 Breach of by-laws—remedy\n(1) If the owner or an occupier of a lot in a community title scheme\nbreaches the by-laws of the scheme by an act or omission, the body\ncorporate may serve on the owner or occupier written notice giving\nparticulars of the breach and requiring the owner or occupier to\nremedy the breach within a reasonable time stated in the notice.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n(2) If the person on whom the notice is served fails to remedy the breach\nwithin the time stated in the notice, the body corporate may remedy\nthe breach itself.\nNote If the body corporate remedies the breach, it may recover the cost of\ndoing so from the owner or occupier concerned (see s 37 (Recovery of\nexpenditure resulting from member’s etc default)).\n","sortOrder":43},{"sectionNumber":"54","sectionType":"section","heading":"Subrogation of contractual rights","content":"54 Subrogation of contractual rights\n(1) If—\n(a) building work was carried out for the developer of a community\ntitle scheme in anticipation of registration of the scheme or after\nits registration; and\n(b) the building work is defective;\nthe body corporate is subrogated to the contractual rights of the\ndeveloper to damages for the defects.\n\nSection 55\npage 38 Community Title Act 2001\n(2) The body corporate may recover damages under this section on its\nown behalf (so far as the defects relate to common property) or for\nowners of lots other than common property affected by the defects.\n(3) The body corporate’s right of subrogation under this section does not\noperate to the exclusion of the developer’s rights and, if both the body\ncorporate and the developer take action to recover damages for breach\nof contract, the damages may be apportioned between them as may\nbe just.\n","sortOrder":44},{"sectionNumber":"55","sectionType":"section","heading":"Roll to be kept by body corporate","content":"55 Roll to be kept by body corporate\n(1) The body corporate must keep a roll containing the following\nparticulars:\n(a) the plan number allotted by the registrar-general;\n(b) the name and address of the owner of each lot in the scheme that\nis not common property;\n(c) the name and address of any agent employed by the body\ncorporate to carry out any of its functions in relation to the\nscheme;\n(d) the name and address of any sublessee of a lot in the scheme that\nhas been notified to the body corporate;\n(e) the name and address of any mortgagee in possession of a lot in\nthe scheme that has been notified to the body corporate.\n(2) The roll must be based on the best information reasonably available\nto the body corporate.\n(3) The roll must be kept in the form of a written record or a computer\nrecord from which a written record may be generated.\n\nSection 56\n56 Community title certificate and access to body corporate\nrecords\n(1) On request by an eligible person for a lot in a community title scheme,\nthe body corporate of the scheme must, within 14 days after the\nrequest is received, give the person a certificate under the seal of the\nbody corporate (a community title certificate) giving information\nabout the lot.\nExamples of information that may be required to be included in a certificate\n1 A statement of amounts owing to the body corporate for a lot.\n2 A statement of any resolutions passed by the body corporate that affect the\nproportionate liability for contributions for each lot.\n3 A statement of the by-laws applying to the body corporate.\n(2) On request by an eligible person for a lot, the body corporate must,\nwithin 14 days after the request is received, allow the person to\ninspect the books, records or documents held by the body corporate\nnominated in the request.\n(3) A request must be in writing accompanied by a fee fixed by the body\ncorporate of not more than the amount prescribed by regulation (plus\nany GST payable in relation to the amount).\n(4) Only a single fee is payable for a request under both subsection (1)\nand subsection (2).\n57 Acting on information in community title certificate\nIf a person acts honestly on a matter stated in a community title\ncertificate, then, in an action by or against the body corporate, the\nbody corporate is estopped, as against that person, from denying the\ntruth of that or any other matter stated in the certificate.\n","sortOrder":45},{"sectionNumber":"58","sectionType":"section","heading":"Failure to give certificate or access—offence","content":"58 Failure to give certificate or access—offence\n(1) A person commits an offence if—\n(a) the person is a member of the committee of management of a\nbody corporate; and\n\nSection 59\npage 40 Community Title Act 2001\n(b) the body corporate fails to comply with a request under\nsection 56 (Community title certificate and access to body\ncorporate records) for a community title certificate or access to\nbooks, records or documents held by the body corporate.\nMaximum penalty: 50 penalty units.\n(2) An offence against this section is a strict liability offence.\n(3) It is a defence to a prosecution for an offence against this section if\nthe defendant proves that—\n(a) the person making the request, when asked by someone acting\nfor the body corporate, did not give the body corporate\nreasonable grounds to believe that the person was an eligible\nperson; or\n(b) the defendant took reasonable steps to ensure that the request\nwas complied with; or\n(c) the failure to comply with the request happened without the\ndefendant’s knowledge.\n","sortOrder":46},{"sectionNumber":"59","sectionType":"section","heading":"Address for service","content":"59 Address for service\n(1) The address for service of a body corporate is the body corporate’s\naddress for service as registered by the registrar-general.\n(2) The registrar-general may, on application by the body corporate,\nchange the address for service of the body corporate.\n","sortOrder":47},{"sectionNumber":"60","sectionType":"section","heading":"Mailbox","content":"60 Mailbox\nA body corporate must—\n(a) keep a mailbox clearly showing the body corporate’s name in a\nsuitable position at or near the street alignment of the scheme\nland; or\n(b) make suitable alternative arrangements for the receipt of mail.\n\nSection 61\n","sortOrder":48},{"sectionNumber":"61","sectionType":"section","heading":"Appointment of administrator","content":"61 Appointment of administrator\n(1) The Supreme Court may, on application by an interested person,\nappoint an administrator of the body corporate’s affairs for a fixed\nperiod, or until further order by the court.\n(2) An appointment may be made on terms the court considers\nappropriate.\n(3) The administrator is to be remunerated as decided by the court and\nthe remuneration and expenses of the administrator are payable from\nthe body corporate’s administrative fund.\n(4) The administrator has the functions and powers of the body corporate\n(or such of the functions and powers as the court may decide) to the\nexclusion of the functions and powers of the body corporate.\n(5) The administrator may delegate powers given under this section.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n(6) The court may, on the application of an interested person, remove or\nreplace the administrator.\n(7) If a person is appointed, removed or replaced as an administrator, the\nperson must, within 7 days, give the registrar-general written notice\nof the appointment, removal or replacement.\n(8) In this section:\ninterested person means—\n(b) a creditor of the body corporate; or\n(c) the owner of a lot in the community title scheme; or\n(d) the owner of a registered mortgage of a lot in the scheme.\n\nPart 9 Transfer of title to land under registered schemes\nDivision 9.1 Transfer of title to land to be developed\nSection 62\npage 42 Community Title Act 2001\nPart 9 Transfer of title to land under\nregistered schemes\nDivision 9.1 Transfer of title to land to be\ndeveloped\n62 Application—div 9.1\nThis division applies to land in a community title scheme that is to be\ndeveloped or further developed in accordance with the scheme.\n63 Acquisition of title to land under scheme\nA person who acquires title to land to which this division applies\nbecomes bound to develop the land in accordance with the relevant\ncommunity title scheme.\n64 Assignment of land under scheme\nIf the owner of land to which this division applies proposes to sell or\ndispose of the land—\n(a) the owner must give written notice of the proposed transaction\nto the territory planning authority; and\n(b) the person who is to acquire title to the land by the transaction\nmust—\n(i) give to the territory planning authority a written\nundertaking to develop the land in accordance with the\nrelevant community title scheme; and\n(ii) give the authority any security required by the authority,\nwithin 28 days after notice of the transaction was given to\nthe authority, for the development of the land in\naccordance with the scheme.\n\nTransfer of title to land under registered schemes Part 9\nSale of lots Division 9.2\nSection 65\n","sortOrder":49},{"sectionNumber":"65","sectionType":"section","heading":"Registration of dealing","content":"65 Registration of dealing\nWhen a dealing for the sale or disposal of land to which this division\napplies is submitted for registration, it must be accompanied by—\n(a) a copy of the undertaking to finish the development in\naccordance with the relevant community title scheme; and\n(b) a statement verifying that the territory planning authority has not\nrequired security to be given under this Act for completion of\nthe development in accordance with the scheme or that such a\nrequirement has been complied with.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n","sortOrder":50},{"sectionNumber":"66","sectionType":"section","heading":"Effect of registration","content":"66 Effect of registration\nOn registration of a dealing for the sale or disposal of land to which\nthis division applies, the rights and obligations of the developer under\nthe relevant community title scheme, so far as they relate to the land\ntransferred, pass to the person who acquires title to the land.\n","sortOrder":51},{"sectionNumber":"67","sectionType":"section","heading":"Statement to be given by seller to buyer","content":"67 Statement to be given by seller to buyer\n(1) The seller of a lot included in a community title scheme (including\nthe original owner of the scheme land, or a mortgagee exercising a\npower of sale of the lot) must give to a person (the buyer) who\nproposes to buy the lot, before the buyer enters into a contract to buy\nthe lot, a statement complying with subsections (2) to (4).\n(2) The statement must—\n(a) state that the lot is included in a community title scheme that\nimposes obligations on the owner of the lot; and\n\n","sortOrder":52},{"sectionNumber":"Part 9","sectionType":"part","heading":"Transfer of title to land under registered schemes","content":"Part 9 Transfer of title to land under registered schemes\nSection 68\npage 44 Community Title Act 2001\n(b) state the name and address of—\n(i) the body corporate of the scheme; or\n(ii) if it is the duty of a body corporate manager to act for the\nbody corporate in supplying community title certificates—\nthe manager; and\n(c) state the amount of annual contributions currently fixed by the\nbody corporate as payable by the owner of the lot; and\n(d) identify improvements on common property of the scheme for\nwhich the owner of the lot is responsible.\n(3) The statement must be signed by the seller or a person authorised by\nthe seller.\n(4) The statement must be substantially complete.\n(5) The seller must attach to the contract, as a first or top sheet, a copy of\nthe statement given to the buyer under subsection (1).\n(6) The buyer may rescind the contract if—\n(a) the seller has not complied with subsections (1) and (5); and\n(b) settlement has not taken place.\n","sortOrder":53},{"sectionNumber":"68","sectionType":"section","heading":"Contents of contract","content":"68 Contents of contract\nWhen a contract mentioned in section 67 (1) is made, its provisions\ninclude the statement mentioned in that subsection.\n\nStatutory easements Part 10\nSection 69\n","sortOrder":54},{"sectionNumber":"69","sectionType":"section","heading":"Application—pt 10","content":"69 Application—pt 10\n(1) This part provides for easements for lots included in a community\ntitle scheme.\n(2) However, this part applies to the scheme—\n(a) only for buildings forming part of the scheme land when the\nscheme is established or later changed; and\n(b) only if the lots included in the scheme are lots shown in the\nmaster plan for the scheme.\n(3) This part has effect for the scheme subject to an easement established\nunder the Land Titles Act 1925.\n","sortOrder":55},{"sectionNumber":"70","sectionType":"section","heading":"Easements for support","content":"70 Easements for support\n(1) An easement for lateral or subjacent support exists for a lot included\nin a community title scheme against another lot included in the\nscheme that can supply lateral or subjacent support.\n(2) An easement for support under subsection (1)—\n(a) entitles the owner of a lot (lot X) to enter a lot supplying support\nto lot X under the easement to maintain or replace any support;\nand\n(b) entitles the body corporate to enter a lot supplying support to a\nlot that is common property under the easement to maintain or\nreplace any support.\n(3) An easement for support under subsection (1) continues until the\nscheme no longer exists.\n\nSection 71\npage 46 Community Title Act 2001\n","sortOrder":56},{"sectionNumber":"71","sectionType":"section","heading":"Easements for utility services","content":"71 Easements for utility services\n(1) An easement exists for a lot in a community title scheme against other\nlots in the scheme for supplying utility services to the lot and\nestablishing and maintaining utility infrastructure reasonably\nnecessary for supplying the utility services.\n(2) However, the exercise of rights under the easement must not interfere\nunreasonably with the use or enjoyment of the lot against which the\neasement lies.\n","sortOrder":57},{"sectionNumber":"72","sectionType":"section","heading":"Easements for shelter","content":"72 Easements for shelter\n(1) If a lot (the benefited lot) in a community title scheme is sheltered by\nparts of a building on the scheme land, an easement exists entitling\nthe owner of the lot to have the lot sheltered by the parts of the\nbuilding necessary to supply shelter.\n(2) The easement exists against the lots where the relevant parts of the\nbuilding are situated.\n(3) The easement entitles the owner of the benefited lot to enter a lot\nsupplying shelter under the easement to maintain or replace the\nshelter.\n","sortOrder":58},{"sectionNumber":"73","sectionType":"section","heading":"Easements for projections","content":"73 Easements for projections\n(1) If eaves, guttering, drainpipes, awnings, window sills or other minor\nparts of a building within a lot in a community title scheme (lot A)\nproject over the boundaries of another lot in the scheme (lot B), an\neasement exists for lot A, and against the part of lot B over which the\nprojection lies, allowing the projection.\n(2) The easement entitles the owner of lot A to enter lot B to maintain or\nreplace the building parts.\n\nStatutory easements Part 10\nSection 74\n","sortOrder":59},{"sectionNumber":"74","sectionType":"section","heading":"Easement for maintenance of building close to boundary","content":"74 Easement for maintenance of building close to boundary\n(1) If a building is on the boundary of a lot in a community title scheme\n(lot A), or so close to the boundary of lot A that maintenance or\nreplacement of the building cannot be carried out without entering\nanother lot in the scheme (lot B), an easement exists for lot A against\nlot B.\n(2) The easement entitles the owner of lot A to enter lot B to carry out\nthe maintenance or replacement.\n","sortOrder":60},{"sectionNumber":"75","sectionType":"section","heading":"Exercise of rights under easement","content":"75 Exercise of rights under easement\n(1) Rights under an easement under this part must not be exercised in a\nway that unreasonably prevents or interferes with the use and\nenjoyment of a lot.\n(2) If an easement under this part entitles a lot owner to enter another lot\nto carry out work, the owner—\n(a) must give reasonable written notice—\n(i) if the other lot is not common property—to the other lot’s\nowner (and, additionally, if the owner is not the occupier,\nthe other lot’s occupier) before entering the lot to carry out\nthe work; or\n(ii) if the other lot is common property—to the body corporate\nbefore entering the common property to carry out the work;\nand\n(b) must comply with the security or other arrangements or\nrequirements ordinarily applying for people entering the lot.\n(3) If an easement under this part entitles the body corporate to enter a\nlot to carry out work, the body corporate must give reasonable notice\nto the lot owner before entering the lot to carry out work.\n(4) Subsections (2) and (3) do not apply if the need for the work to be\ncarried out is an emergency.\n\nSection 76\npage 48 Community Title Act 2001\n","sortOrder":61},{"sectionNumber":"76","sectionType":"section","heading":"Ancillary rights and obligations","content":"76 Ancillary rights and obligations\n(1) Ancillary rights and obligations necessary to make the easements\neffective apply to easements under this part.\n(2) The community management statement may also establish rights and\nobligations ancillary to easements under this part.\n(3) Rights and obligations established under subsection (2) replace rights\nand obligations that would otherwise apply under subsection (1), as\nfar as there is inconsistency between the rights and obligations under\nsubsection (1) and the rights and obligations under subsection (2).\n\nGeneral Division 11.1\nSection 77\nPart 11 Amalgamation of community title\nDivision 11.1 General\n77 Meaning of subsidiary scheme—pt 11\nIn this part:\nsubsidiary scheme means a community title scheme all the scheme\nland for which is located within, and forms part of, the scheme land\nfor another community title scheme.\n78 General principles of amalgamation\n(1) Two or more community title schemes may be amalgamated under\nthis part.\n(2) When the schemes are amalgamated—\n(a) the schemes end their existence as separate community title\nschemes; and\n(b) the lots of each scheme become the lots of a single, newly\nestablished, community title scheme.\n(3) Community title schemes must not be amalgamated if the newly\nestablished community title scheme would not comply with the\nrequirements of this Act for a community title scheme.\n","sortOrder":62},{"sectionNumber":"79","sectionType":"section","heading":"Community title schemes that may be amalgamated","content":"79 Community title schemes that may be amalgamated\n(1) Subsections (2) and (3) describe the only amalgamations of\ncommunity title schemes available under this part.\n(2) Two or more community title schemes may be amalgamated if—\n(a) none of the schemes is a subsidiary scheme; and\n\nSection 80\npage 50 Community Title Act 2001\n(b) the scheme land of each of the schemes would, on amalgamation\nof the schemes, form a single area of land undivided by anything\nother than—\n(i) a road; or\n(ii) a body of water; or\n(iii) an area prescribed for section 5 (3) (c).\n(3) Two or more subsidiary schemes may be amalgamated if—\n(a) all the schemes are lots included in a single community title\nscheme (scheme A), but they are not the only lots in scheme A;\nand\n(b) the scheme land of each of the schemes would, on amalgamation\nof the schemes, form a single area of land undivided by anything\nother than—\n(i) a road; or\n(ii) a body of water; or\n(iii) an area prescribed for section 5 (3) (c).\n","sortOrder":63},{"sectionNumber":"80","sectionType":"section","heading":"Purpose—div 11.2","content":"80 Purpose—div 11.2\n(1) This division describes the requirements, and the process that must\nbe followed, for the amalgamation of community title schemes.\n(2) The approach adopted in this division for the description of the\nprocess of amalgamation is to describe the process for the\namalgamation of 2 community title schemes (scheme A and\nscheme B), but the process described applies equally to the\namalgamation of more than 2 community title schemes.\n\nAmalgamation process Division 11.2\nSection 81\n(3) In this division:\nscheme C means the single, newly established, community title\nscheme formed, or to be formed, from the amalgamation of\nschemes A and B.\n","sortOrder":64},{"sectionNumber":"81","sectionType":"section","heading":"Approval for amalgamations","content":"81 Approval for amalgamations\n(1) Scheme A and scheme B may be amalgamated if—\n(a) the territory planning authority consents in writing to the\namalgamation; and\n(b) the body corporate for scheme A and the body corporate for\nscheme B each agree, by unanimous resolution, to—\n(i) the amalgamation; and\n(ii) the management statement to be recorded for scheme C;\nand\n(iii) the constituent documents for the body corporate to be\nformed on the registration of scheme C; and\n(iv) the by-laws of the body corporate for scheme C.\n(2) If scheme A and scheme B are subsidiary schemes, the body corporate\nfor the community title scheme that includes scheme A and scheme\nB as lots must also consent to the amalgamation, but by ordinary\nresolution.\n(3) Alternatively, scheme A and scheme B may be amalgamated if the\nSupreme Court, on the application of the owner of a lot included in\nscheme A or scheme B, or the body corporate for scheme A or scheme\nB, decides it is just and equitable to amalgamate the schemes and\norders that they be amalgamated.\n\nSection 82\npage 52 Community Title Act 2001\n(4) A person who applies to the Supreme Court for an order under\nsubsection (3) must, on the day the application is made to the court,\ngive the territory planning authority—\n(a) written notice of the application; and\n(b) a copy of the application and each document filed with the court\nin support of the application.\n(5) If scheme A and scheme B are, or are to be, amalgamated under\nsubsection (1) or (3), the Supreme Court may make an order, if it\nconsiders it is just and equitable to do so, about—\n(a) the contents of the management statement for scheme C; or\n(b) the disposition of liabilities that, immediately before the\namalgamation, were liabilities of the body corporate for scheme\nA or scheme B.\n(6) The Supreme Court may make an order under subsection (5) on\napplication by the body corporate for scheme A or scheme B.\n","sortOrder":65},{"sectionNumber":"82","sectionType":"section","heading":"Request to record amalgamation of community title","content":"82 Request to record amalgamation of community title\n(1) A request to record the amalgamation of scheme A and scheme B may\nbe lodged with the registrar-general.\n(2) The request must be lodged by or on behalf of—\n(a) the bodies corporate for the schemes; or\n(b) a person on whose application the court made an order for\namalgamating the schemes.\n(3) The request must be accompanied by (in addition to documents\nrequired under the Land Titles Act 1925)—\n(a) a true copy of each resolution, or the order, for the amalgamation\nof the schemes; and\n\nAmalgamation process Division 11.2\nSection 83\n(b) the management statement intended to be recorded for\nscheme C, showing the appropriate consents and notifications;\nand\n(c) if scheme A and scheme B are lots included in another\ncommunity title scheme and the existing statement for the other\nscheme is not consistent with amalgamation of the schemes—a\nnew management statement for the other scheme.\n","sortOrder":66},{"sectionNumber":"83","sectionType":"section","heading":"Recording amalgamation of community title schemes","content":"83 Recording amalgamation of community title schemes\n(1) If the request to record the amalgamation of scheme A and scheme B\ncomplies with this Act and any order of the Supreme Court, and is in\nregistrable form under the Land Titles Act 1925, the registrar-general\nmust—\n(a) record the cancellation of the management statements for the\nschemes; and\n(b) record the management statement for scheme C and any other\nmanagement statement accompanying the request; and\n(c) register the amalgamation.\n(2) The amalgamation takes effect when the registrar-general completes\nthe action mentioned in subsection (1).\n","sortOrder":67},{"sectionNumber":"84","sectionType":"section","heading":"Dissolution of bodies corporate on amalgamation","content":"84 Dissolution of bodies corporate on amalgamation\n(1) When scheme A and scheme B are amalgamated, the bodies corporate\nfor the schemes are dissolved.\n(2) On dissolution of the bodies corporate for the schemes, the rights and\nliabilities of the bodies corporate for the schemes vest in the body\ncorporate for scheme C.\n\nSection 85\npage 54 Community Title Act 2001\n(3) Body corporate assets for scheme A and scheme B (including land\nand other body corporate assets registered or otherwise held in the\nname of a dissolved body corporate) vest in the body corporate for\nscheme C, and may be dealt with by that body corporate as if they\nwere registered or otherwise held in its name.\n(4) If the amalgamation is authorised under a court order, subsections (2)\nand (3) have effect subject to the order.\n","sortOrder":68},{"sectionNumber":"85","sectionType":"section","heading":"Effects of amalgamation of community title schemes","content":"85 Effects of amalgamation of community title schemes\nWhen scheme A and scheme B are amalgamated—\n(a) a liability for a charge, levy, rate or tax that has accrued on a lot\nincluded in scheme A or scheme B before the schemes ceased to\nexist as community title schemes is not affected; and\n(b) anything done in relation to scheme A or scheme B before the\namalgamation continues in effect so far as there is no\ninconsistency with the management statement recorded for\nscheme C, including, for example, the following:\n(i) an order of a court relating to a lot;\n(ii) obligations attaching to the owner of each lot.\n\nGeneral Division 12.1\nSection 86\nPart 12 Termination of community title\nDivision 12.1 General\n86 Purpose—pt 12\n(1) This part provides for the complete termination of a community title\nscheme, including the dissolution of the body corporate.\n(2) Only a basic scheme may be terminated.\n(3) Consequently, to terminate a community title scheme other than a\nbasic scheme, it is necessary for the scheme first to become a basic\n87 Definitions—pt 12\nIn this part:\nbasic scheme means a community title scheme that consists entirely\nof lots that are registered under the Land Titles Act 1925 and that are\nnot—\n(a) land of another community title scheme; or\n(b) land that has been subdivided under the Unit Titles Act 2001.\ntermination issues means—\n(a) the disposal, and disposition of proceeds from the disposal, of\nthe land that, immediately before the termination of a\ncommunity title scheme, is scheme land; and\n(b) custody, management and distribution (including the disposal,\nand disposition of proceeds from the disposal) of items of\nproperty that, immediately before the termination of a\ncommunity title scheme are body corporate assets; and\n\nSection 88\npage 56 Community Title Act 2001\n(c) the sharing of liabilities that, immediately before the termination\nof a community title scheme, are liabilities of the body\ncorporate.\n","sortOrder":69},{"sectionNumber":"88","sectionType":"section","heading":"Application—div 12.2","content":"88 Application—div 12.2\nThis division applies to a basic scheme (the scheme).\n","sortOrder":70},{"sectionNumber":"89","sectionType":"section","heading":"Termination of schemes","content":"89 Termination of schemes\n(1) The scheme may be terminated if—\n(a) the body corporate by unanimous resolution decides to terminate\nthe scheme; and\n(b) so far as necessary for the effective termination of the scheme,\nan agreement about termination issues is entered into between—\n(i) all registered proprietors of scheme land; and\n(ii) each lessee under a registrable sublease to which scheme\nland is subject.\n(2) Alternatively, the scheme may be terminated if the Supreme Court\ndecides it is just and equitable to terminate the scheme and orders that\nthe scheme be terminated.\n(3) If the scheme is, or is to be, terminated under an order of the Supreme\nCourt, the court may make an order, so far as is necessary for the\neffective termination of the scheme, about termination issues.\n(4) The court may make an order under subsection (2) or subsection (3)\non application by—\n(b) the owner of a lot in the scheme.\n\nTermination process Division 12.2\nSection 90\n(5) In making an order under this section, the court may appoint an\nadministrator and give the administrator authority to put the order into\neffect in the way directed by the court.\n(6) In making an order under this section, the court may take into account\nthe views of the following:\n(a) a person mentioned in subsection (1) (b);\n(b) the Minister;\n(c) the territory planning authority.\n","sortOrder":71},{"sectionNumber":"90","sectionType":"section","heading":"Request to record termination of basic scheme","content":"90 Request to record termination of basic scheme\n(1) A request to record the termination of the scheme may be lodged with\nthe registrar-general.\n(2) The request must be lodged by—\n(b) a person on whose application the Supreme Court made an order\nterminating the scheme.\n(3) The request must be accompanied by (in addition to documents\nrequired under the Land Titles Act 1925) a true copy of—\n(a) if the scheme is terminated under a resolution of the body\ncorporate—the resolution to terminate the scheme, and any\nagreement made about termination issues; or\n(b) if the scheme is terminated under an order of the Supreme\nCourt—the order to terminate the scheme.\n\nSection 91\npage 58 Community Title Act 2001\n","sortOrder":72},{"sectionNumber":"91","sectionType":"section","heading":"Recording termination of scheme","content":"91 Recording termination of scheme\n(1) If the request to record the termination of the scheme complies with\nthis Act and with any order of the Supreme Court, the\nregistrar-general must record the termination of the scheme and must\nalso—\n(a) place a statement of the termination of the scheme in the folio of\nthe land titles register for each lot that was included in the\nscheme; and\n(b) cancel the particulars (other than particulars of easements,\ncovenants and other dealings that can be maintained against\nscheme land after the termination of the scheme) recorded in the\nland titles register.\n(2) The termination takes effect when the registrar-general completes the\naction mentioned in subsection (1).\n(3) On the termination of the scheme, the registrar-general must create a\nsingle title for a lot consisting of all the land that, immediately before\nthe termination, was scheme land.\n(4) The registered owners for the title mentioned in subsection (3) are the\npeople who, immediately before the scheme’s termination, were the\nowners of the lots included in the scheme (the former owners).\n(5) For subsection (4), the former owners must be recorded as tenants in\ncommon in shares proportionate to their respective schedule lot\nentitlements immediately before the termination.\n(6) If a lot included in the scheme was mortgaged immediately before the\nscheme was terminated, the former owner’s interest in the land as\ntenant in common is subject to the mortgage.\n(7) A liability for a charge, levy, rate or tax that had accrued on a lot\nincluded in the scheme before the scheme was terminated is not\naffected by the termination, and the charge, levy, rate or tax is taken\nto have been levied on the former owner’s interest in the land as\ntenant in common.\n\nTermination process Division 12.2\nSection 92\n","sortOrder":73},{"sectionNumber":"92","sectionType":"section","heading":"Dissolution of body corporate for terminated scheme","content":"92 Dissolution of body corporate for terminated scheme\n(1) On termination of the scheme, the body corporate is dissolved.\n(2) On dissolution of the body corporate—\n(a) the owners of the lots immediately before the scheme was\nterminated (the former owners) become entitled to the body\ncorporate assets in shares proportionate to the respective\nschedule lot entitlements of their lots immediately before the\ntermination; and\n(b) the liabilities of the body corporate vest collectively and\nseparately in the former owners, but they are entitled to\ncontribution against each other in proportion to their respective\nschedule lot entitlements immediately before the termination.\n(3) Body corporate assets (including land and other body corporate assets\nregistered or otherwise held in the name of the dissolved body\ncorporate) may be dealt with by the former owners as if the assets\nwere registered or otherwise held in the names of the former owners.\n(4) Subsections (2) and (3) are subject to—\n(a) if the scheme is terminated under a resolution of the body\ncorporate—the resolution to terminate the scheme, and any\nagreement made about termination issues; or\n(b) if the scheme is terminated under an order of the Supreme\nCourt—the order to terminate the scheme.\n(5) On the application of an interested person, the Supreme Court may\nmake orders for the custody, management and distribution of body\ncorporate assets.\n\nSection 93\npage 60 Community Title Act 2001\n","sortOrder":74},{"sectionNumber":"93","sectionType":"section","heading":"Meaning of reviewable decision—div 13.1","content":"93 Meaning of reviewable decision—div 13.1\nIn this division:\nreviewable decision means a decision mentioned in\nschedule 2, column 3 under a provision of this Act mentioned in\ncolumn 2 in relation to the decision.\n","sortOrder":75},{"sectionNumber":"94","sectionType":"section","heading":"Reviewable decision notices","content":"94 Reviewable decision notices\nIf the territory planning authority makes a reviewable decision, the\nauthority must give a reviewable decision notice to each entity\nmentioned in schedule 2, column 4 in relation to the decision.\nNote The territory planning authority must also take reasonable steps to give a\nreviewable decision notice to any other person whose interests are\naffected by the decision (see ACT Civil and Administrative Tribunal\nAct 2008, s 67A).\n94A Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 2, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\nMiscellaneous Part 13\nOther matters Division 13.2\nSection 95\nDivision 13.2 Other matters\n95 Notice of intention not to proceed to enforce mortgage\n(1) A mortgagee in possession of a lot included in a community title\nscheme commits an offence if the mortgagee—\n(a) decides not to enforce the mortgage; and\n(b) fails to immediately give written notice of the decision to the\nbody corporate.\nMaximum penalty: 20 penalty units.\n(2) An offence against this section is a strict liability offence.\n(3) On giving the written notice, the mortgagee ceases to be a mortgagee\nin possession of the lot and is not the owner of the lot under this Act.\n96 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":76},{"sectionNumber":"97","sectionType":"section","heading":"Approved forms","content":"97 Approved forms\n(1) The territory planning authority may approve forms for this Act.\n(2) If the territory planning authority approves a form for a particular\npurpose, the approved form must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":77},{"sectionNumber":"98","sectionType":"section","heading":"Regulation-making power","content":"98 Regulation-making power\nThe Executive may make regulations for this Act.\n\nSection 1.1\npage 62 Community Title Act 2001\n(see s 48)\n1.1 Duty to keep lot in good order and repair\n(1) The owner of a lot must keep buildings and structural improvements\non the lot in a state of good repair and to a standard in keeping with\nother buildings and structural improvements on the site.\n(2) The owner must carry out any work in relation to the owner’s lot that\nthe owner is required to carry out by—\n(a) the Territory; or\n(b) a territory authority; or\n(c) the body corporate.\n(3) The owner of a lot must not, without the body corporate’s written\npermission, make or allow a change to the exterior character, design\nor finish of buildings or structural improvements on the lot.\n1.2 Duty to prevent nuisance\nThe occupier of a lot must not use the lot, or allow its use, in a way\nthat causes a nuisance to the owner or occupier of another lot.\n1.3 Duty to allow access for maintenance and repair of\ncommon property\n(1) The body corporate is entitled to reasonable access to a lot to\nmaintain, repair or replace common property.\n(2) A person authorised by the body corporate may enter the lot for that\npurpose—\n(a) after giving to the occupier of the lot reasonable notice of\nintention to exercise the rights of access; or\n(b) in an emergency, without notice.\n\nDefault by-laws Schedule 1\nSection 1.4\n1.4 Duty to pay rates and taxes\nThe owner of a lot must pay all rates, taxes and charges payable in\nrelation to the owner’s lot.\n1.5 Use of lots\n(1) The occupier of a lot must not behave in a way likely to interfere with\nthe reasonable use and enjoyment of another lot by the owner or\noccupier of another lot or the invitees of the owner or occupier of\nanother lot.\n(2) An owner or occupier of a lot must take reasonable steps to ensure\nthat invitees do not behave in a way likely to interfere with the\nreasonable use or enjoyment of another lot by the owner or occupier\nof another lot or the invitees of the owner or occupier of another lot.\n1.6 Duty to give information\nThe owner of a lot must give the body corporate written notice of any\nchange in the ownership of the lot.\n1.7 Animals and birds\n(1) The owner of a lot must not keep, or permit to be kept, any animal or\nbird on the lot or the common property.\n(2) This by-law does not apply to the keeping of an animal or bird if the\nbody corporate has given the person keeping the animal or bird\nwritten permission to do so.\n(3) Permission may be given subject to stated conditions.\n(4) Permission may be withdrawn by resolution of the body corporate.\n\nSection 1.8\npage 64 Community Title Act 2001\n1.8 Body corporate’s duties in relation to the common\nproperty\nThe body corporate must—\n(a) administer, manage and control the common property\nreasonably and for the benefit of the owners and occupiers of the\nlots; and\n(b) establish and maintain (where appropriate) suitable lawns and\ngardens on the common property; and\n(c) maintain the utility infrastructure in good and serviceable order\nand condition.\n\nReviewable decisions Schedule 2\n","sortOrder":78},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 2 Reviewable decisions\n(see div 13.1)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 9 require changes to\nproposed community\ntitle scheme\n2 10 refuse to approve\nscheme\n3 11 amend management\nstatement\n4 12 (b) state provisions under\nwhich leases of\ncommon property to be\nheld\n5 13 (2) require developer to\ngive bond\ndeveloper\n6 13 (2) fix amount of bond developer\n7 23 (2) authorise amendment\nof community title\nscheme subject to\nconditions\napplicant for\nauthorisation\n8 23 (2) refuse to authorise\namendment of\nscheme\napplicant for\nauthorisation\n9 81 (1) (a) refuse to consent to\namalgamation of\nbody corporate of scheme\nor owner of lot in scheme\n\npage 66 Community Title Act 2001\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• function\n• land titles register\n• reviewable decision notice\n• Supreme Court\n• territory planning authority\n• the Territory.\nadministrative fund means a fund established by a body corporate to\nmeet recurrent and capital expenditure of the body corporate.\nbasic scheme, for part 12 (Termination of community title\nschemes)—see section 87.\nbody corporate means a body corporate created under this Act for a\ncommunity title scheme.\nbody corporate assets, for a community title scheme, means items of\nreal or personal property acquired by the body corporate, other than\nproperty that is incorporated into and becomes part of the common\ncommon property, of a community title scheme—see section 18.\ncommunity title certificate—see section 56.\ncommunity title scheme means a scheme created on the registration\nof a plan under part 3 (Establishment of community title schemes).\nCrown lease—see the Land Titles Act 1925, dictionary.\nCrown lessee, in relation to a declared land sublease, means the lessee\nunder the Crown lease under which the sublease is granted.\n\ndeclared land sublease—see the Planning Act 2023, section 365 (1).\ndeveloper, of a community title scheme, means the person by or on\nwhose behalf the scheme is, or is proposed to be, lodged for\nregistration.\neligible person, for a lot in relation to which a community title\ncertificate, or access to books, records or documents, is required,\nmeans—\n(a) the owner, or someone else with an interest in the lot, or in an\neasement over the lot; or\n(b) for a lot that is owned, or partly owned, by a company—a\nrepresentative of the company; or\n(c) anyone authorised in writing by a person mentioned in\nparagraph (a) or (b); or\n(d) if access to the information or the books, records or documents\nis necessary for the administration of this Act—the\ndirector-general.\nexclusive use by-law means a by-law giving the owner of a lot\nexclusive rights to the use and enjoyment of, or other special rights\nover, the common property of a community title scheme or part of the\ncommon property.\nland sublease—see the Planning Act 2023, dictionary.\nlot—\n(a) means a parcel of land registered under the Land Titles Act 1925;\nbut\n(b) does not include a land sublease other than a declared land\nsublease.\nlot entitlement schedule—see section 7 (h) (Form and content of\nmanagement statements).\nmanager, of a community title scheme, means a person appointed by\nthe body corporate of the scheme under section 44.\n\npage 68 Community Title Act 2001\nmortgage includes a charge on a lot, or an interest in a lot, for securing\nmoney or money’s worth.\nmortgagee in possession, of a lot in a community title scheme, means\na mortgagee who has taken steps to enforce a mortgage of the lot and\nhas told the body corporate of the mortgagee’s intention to enforce\nthe mortgage (whether or not the mortgagee has actually gone into\npossession of the lot), but does not include a mortgagee who has told\nthe body corporate of a decision not to continue with the enforcement\nof the mortgage.\noccupier, of a lot included in a community title scheme, means—\n(a) a resident owner or resident sublessee of the lot, or someone else\nwho lives on the lot; or\n(b) a person who occupies the lot for business purposes or works on\nthe lot in carrying on a business from the lot.\nordinary resolution, of a body corporate, means a resolution passed\nat a properly called meeting of the members of the body corporate by\na majority of the votes of members present and voting at the meeting.\nowner, of a lot in a community title scheme, means the person who is\n(or is entitled to be) the registered owner of the lot, and, if 2 or more\npeople are the registered owners (or are entitled to be the registered\nowners) of the lot, includes each of them.\nplan means a community title master plan.\nprospective owner, of a lot in a community title scheme, means a\nperson who has entered into a contract to buy an existing or future lot\nin the scheme.\nreviewable decision, for division 13.1 (Notification and review of\ndecisions)—see section 93.\nroad—see the Road Transport (General) Act 1999, dictionary.\nschedule lot entitlement, for a lot in a community title scheme, means\nthe number allocated to the lot in the lot entitlement schedule for the\n\nscheme—\n(a) for this Act generally—means a community title scheme; and\n(b) for division 12.2—see section 88.\nscheme A, for division 11.2 (Amalgamation process)—see\nscheme B, for division 11.2 (Amalgamation process)—see\nscheme C, for division 11.2 (Amalgamation process)—see\nscheme land, of a community title scheme, means the land the subject\nof the scheme.\nstatutory easement means an easement under part 10.\nsubsidiary scheme, for part 11 (Amalgamation of community title\nschemes)—see section 77.\ntermination issues, for part 12 (Termination of community title\nschemes)—see section 87.\nunanimous resolution, of a body corporate, means a resolution\npassed at a properly called meeting of the members of the body\ncorporate against which no member of the body corporate casts a\ndissenting vote.\nunits plan—see the Unit Titles Act 2001, dictionary.\nutility infrastructure means cables, wires, pipes, sewers, drains,\nducts, plant and equipment by which lots are supplied with utility\nservices.\nutility service means—\n(a) water reticulation or supply; or\n(b) gas reticulation or supply; or\n(c) electricity supply; or\n\npage 70 Community Title Act 2001\n(d) air conditioning; or\n(e) telephone service; or\n(f) a computer or television service; or\n(g) a sewer system; or\n(h) drainage; or\n(i) a system for the removal of garbage or waste; or\n(j) another system or service designed to improve the amenity, or\nincrease the enjoyment, of privately owned lots or common\n\nAbout the endnotes 1\n","sortOrder":79},{"sectionNumber":"1","sectionType":"section","heading":"About the endnotes","content":"1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":80},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\npage 72 Community Title Act 2001\nCommunity Title Act 2001 A2001-58\nnotified 10 September 2001 (Gaz 2001 No S66)\ns 1, s 2 commenced 10 September 2001 ((IA s 10B))\nremainder commenced 10 March 2002 (s 2 and LA s 79)\nas amended by\nStatute Law Amendment Act 2002 A2002-30 pt 3.7\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\npt 3.7 commenced 17 September 2002 (s 2 (1))\nPlanning and Land (Consequential Amendments) Act 2002 A2002-56\nsch 3 pt 3.3\nnotified LR 20 December 2002\ns 1, s 2 commenced 20 December 2002 (LA s 75 (1))\nsch 3 pt 3.3 commenced 1 July 2003 (s 2 and see Planning and Land\nAct 2002 A2002-55, s 2)\nHeritage Act 2004 A2004-57 sch 1 pt 1.3\nnotified LR 9 September 2004\ns 1, s 2 commenced 9 September 2004 (LA s 75 (1))\nsch 1 pt 1.3 commenced 9 March 2005 (s 2 and LA s 79)\nCriminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.14\nnotified LR 27 October 2005\ns 1, s 2 commenced 27 October 2005 (LA s 75 (1))\nsch 1 pt 1.14 commenced 24 November 2005 (s 2)\nJustice and Community Safety Legislation Amendment Act 2007\nA2007-22 sch 1 pt 1.4\nnotified LR 5 September 2007\ns 1, s 2 commenced 5 September 2007 (LA s 75 (1))\nsch 1 pt 1.4 commenced 6 September 2007 (s 2)\n\nLegislation history 3\nPlanning and Development (Consequential Amendments) Act 2007\nA2007-25 sch 1 pt 1.8\nnotified LR 13 September 2007\ns 1, s 2 commenced 13 September 2007 (LA s 75 (1))\nsch 1 pt 1.8 commenced 31 March 2008 (s 2 and see Planning and\nDevelopment Act 2007 A2007-24, s 2 and CN2008-1)\nStatute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.7\nnotified LR 6 December 2007\ns 1, s 2 commenced 6 December 2007 (LA s 75 (1))\nsch 3 pt 3.7 commenced 27 December 2007 (s 2)\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.15\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.15 commenced 26 August 2008 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.23\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.23 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.32\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.32 commenced 1 July 2011 (s 2 (1))\nPlanning and Development (University of Canberra and Other\nLeases) Legislation Amendment Act 2015 A2015-19 pt 5\nnotified LR 11 June 2015\ns 1, s 2 commenced 11 June 2015 (LA s 75 (1))\npt 5 commenced 1 July 2015 (s 2 and CN2015-9)\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 3 pt 3.14\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 3 pt 3.14 commenced 27 April 2016 (s 2)\n\npage 74 Community Title Act 2001\nUnit Titles Legislation Amendment Act 2020 A2020-4 pt 4\nnotified LR 27 February 2020\ns 1, s 2 commenced 27 February 2020 (LA s 75 (1))\npt 4 commenced 1 November 2020 (s 2 (1) and CN2020-11)\nLand Titles (Electronic Conveyancing) Legislation Amendment Act\n","sortOrder":81},{"sectionNumber":"2020","sectionType":"section","heading":"A2020-16 sch 1 pt 1.6","content":"2020 A2020-16 sch 1 pt 1.6\nnotified LR 13 May 2020\ns 1, s 2 commenced 13 May 2020 (LA s 75 (1))\nsch 1 pt 1.6 commenced 1 June 2020 (s 2 and see Electronic\nConveyancing National Law (ACT) Act 2020 A2020-15 s 2)\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.15\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.15 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.36\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.36 commenced 6 December 2025 (s 2 (5))\n\nAmendment history 4\nCommencement\ns 2 om LA s 89 (4)\nOffences against Act—application of Criminal Code etc\ns 4A ins A2005-54 amdt 1.84\nForm and content of management statements\ns 7 am A2025-29 amdt 4.36\nCommunity title scheme proposal—application for approval\ns 8 am A2002-56 amdt 3.27; A2008-28 amdt 3.57; A2015-19 s 12;\nA2023-36 amdt 1.94; A2025-29 amdt 4.36\nPower of authority to require changes to scheme proposal\ns 9 hdg sub A2020-4 s 31\ns 9 am A2002-56 amdt 3.27; A2023-36 amdt 1.94\nCommunity title scheme proposal—approval\ns 10 am A2002-56 amdt 3.27; A2004-57 amdt 1.4; A2007-25\namdt 1.33; A2020-4 s 32; ss renum R15 LA; A2023-36\namdt 1.88, amdt 1.94\nCommunity title scheme proposal—amendment of management statement\ns 11 am A2002-56 amdt 3.27, amdt 3.28; A2023-36 amdt 1.94\nNotice of approval of community title scheme proposal\ns 12 am A2002-56 amdt 3.27, amdt 3.28; A2023-36 amdt 1.94\nSecurity for staged developments and unfinished works\ns 13 am A2002-30 amdt 3.51; A2002-56 amdt 3.20, amdt 3.27;\nA2023-36 amdt 1.94; A2025-29 amdt 4.36\nEndorsement of community title plan for registration\ns 14 am A2002-56 amdt 3.27, amdt 3.28; A2023-36 amdt 1.94;\nExpiry of endorsement\ns 15 am A2002-56 amdt 3.27; A2023-36 amdt 1.94\nRequest to register community title scheme\ns 16 am A2002-56 amdt 3.27; A2023-36 amdt 1.94; A2025-29\namdt 4.36\nRegistration of community title scheme\ns 17 am A2020-16 amdt 1.18\nCommon property\ns 18 am A2007-39 amdt 3.14\n\npage 76 Community Title Act 2001\nProgressive development\ns 21 am A2002-56 amdt 3.21; A2007-25 amdt 1.34; A2023-36\namdt 1.89, amdt 1.94\nApplication for authorisation to amend scheme\ns 22 am A2002-56 amdt 3.27; A2023-36 amdt 1.94; A2025-29 amdt\n4.36\nAuthorisation of amendment\ns 23 hdg sub A2002-56 amdt 3.22\ns 23 am A2002-56 amdt 3.27; A2023-36 amdt 1.94\nExpiry of authorisation\ns 24 am A2002-56 amdt 3.23, amdt 3.27; A2023-36 amdt 1.94\nRequest to register amendment\ns 25 am A2002-56 amdt 3.24; A2020-16 amdt 1.19; A2025-29\namdt 4.36\nRegistration of amendment\ns 26 am A2020-16 amdt 1.20\nAmendment by the Supreme Court\ns 27 am A2002-30 amdt 3.52; A2015-19 s 13; pars renum R12 LA;\nInjunction\ns 28 am A2002-30 amdt 3.53; A2002-56 amdt 3.25; A2015-19 s 14;\npars renum R12 LA; A2023-36 amdt 1.90\nFunctions of bodies corporate\ndiv 8.2 hdg sub A2002-30 amdt 3.54\nFunctions of body corporate\ns 35 hdg sub A2002-30 amdt 3.55\ns 35 am A2002-30 amdt 3.56\nAppointment of manager\ns 44 am A2002-30 amdt 3.57\nRegistration and commencement of changes to by-laws\ns 50 am A2025-29 amdt 4.36\nLegal effect of by-laws\ns 52 am A2007-22 amdt 1.21\nBreach of by-laws—remedy\ns 53 am A2002-30 amdt 3.58\nCommunity title certificate and access to body corporate records\ns 56 am A2007-39 amdt 3.15, amdt 3.16; A2025-29 amdt 4.36\nFailure to give certificate or access—offence\ns 58 sub A2005-54 amdt 1.85\n\nAmendment history 4\nAddress for service\ns 59 am A2025-29 amdt 4.36\nAppointment of administrator\ns 61 am A2002-30 amdt 3.59; A2025-29 amdt 4.36\nAssignment of land under scheme\ns 64 am A2002-56 amdt 3.27, amdt 3.28; A2023-36 amdt 1.94;\nRegistration of dealing\ns 65 am A2002-56 amdt 3.27; A2016-18 amdt 3.61, amdt 3.62;\nA2023-36 amdt 1.94\nStatement to be given by seller to buyer\ns 67 am A2025-29 amdt 4.36\nApproval for amalgamations\ns 81 am A2002-56 amdt 3.27; A2023-36 amdt 1.94\nRequest to record amalgamation of community title schemes\ns 82 am A2025-29 amdt 4.36\nTermination of schemes\ns 89 am A2002-56 amdt 3.26; A2023-36 amdt 1.91\nRequest to record termination of basic scheme\ns 90 am A2025-29 amdt 4.36\nRecording termination of scheme\ns 91 am A2020-16 amdt 1.21, amdt 1.22\nNotification and review of decisions\ndiv 13.1 hdg sub A2008-37 amdt 1.89\nMeaning of reviewable decision—div 13.1\ns 93 am A2002-56 amdt 3.27\nsub A2008-37 amdt 1.89\nReviewable decision notices\ns 94 am A2002-56 amdt 3.27, amdt 3.28\nsub A2008-37 amdt 1.89\nam A2023-36 amdt 1.94; A2025-29 amdt 4.36\nApplications for review\ns 94A ins A2008-37 amdt 1.89\nam A2025-29 amdt 4.36\nNotice of intention not to proceed to enforce mortgage\ns 95 sub A2005-54 amdt 1.86\nDetermination of fees\ns 96 am A2025-29 amdt 4.36\n\npage 78 Community Title Act 2001\nApproved forms\ns 97 am A2002-30 amdt 3.60; A2002-56 amdt 3.27; A2023-36\namdt 1.94; A2025-29 amdt 4.36\nRegulation-making power\ns 98 am A2025-29 amdt 4.36\nLand Titles Act 1925, section 139 (1) (other than the examples and note)\ns 99 om LA s 89 (3)\nLand Titles Act 1925, section 140 (1)\ns 100 om LA s 89 (3)\nLand (Planning and Environment) Act 1991, section 172B\ns 101 om LA s 89 (3)\nLand (Planning and Environment) Act 1991, new section 172B\ns 102 om LA s 89 (3)\nUnit Titles Act 2001, new section 48 (3) (d)\ns 103 om LA s 89 (3)\nDefault by-laws\nsch 1 ss renum R5 LA\nam A2007-39 amdt 3.17, amdt 3.18\nNote for sch 1 sch 1 also ins A2008-37 amdt 1.90 and renum as sch 2\nReviewable decisions\nsch 2 (prev sch 1) ins A2008-37 amdt 1.90\nrenum as sch 2 R10 LA\ndict am A2002-30 amdt 3.61; A2007-39 amdt 3.19; A2008-37\namdt 1.91, amdt 1.92; A2020-16 amdt 1.23; A2023-36\namdt 1.92\ndef Crown lease ins A2015-19 s 15\ndef Crown lessee ins A2015-19 s 15\ndef declared land sublease ins A2015-19 s 15\nsub A2023-36 amdt 1.93\ndef eligible person am A2007-39 amdt 3.20, amdt 3.21;\nA2011-22 amdt 1.99\ndef Land Act om A2007-25 amdt 1.35\ndef land sublease ins A2015-19 s 15\nsub A2023-36 amdt 1.93\ndef lot sub A2015-19 s 16\nam A2020-16 amdt 1.24\ndef reviewable decision ins A2008-37 amdt 1.93\ndef scheme sub A2008-28 amdt 3.58\n\nEarlier republications 5\n","sortOrder":82},{"sectionNumber":"5","sectionType":"section","heading":"Earlier republications","content":"5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nNo and date\nEffective Last\namendment\nmade by\nfor\n10 Mar 2002\n10 Mar 2002–\n16 Sept 2002\nnot amended new Act\n17 Sept 2002\n17 Sept 2002–\nA2002-30 amendments by\nA2002-30\n1 July 2003–\n8 Mar 2005\nA2002-56 amendments by\nA2002-56\n9 Mar 2005\n9 Mar 2005–\n23 Nov 2005\nA2004-57 amendments by\nA2004-57\n24 Nov 2005\n24 Nov 2005–\n5 Sept 2007\nA2005-54 amendments by\nA2005-54\n6 Sept 2007\n6 Sept 2007–\n26 Dec 2007\nA2007-22 amendments by\nA2007-22\n27 Dec 2007\n27 Dec 2007–\n30 Mar 2008\nA2007-39 amendments by\nA2007-39\n31 Mar 2008\n31 Mar 2008–\n25 Aug 2008\nA2007-39 amendments by\nA2007-25\n26 Aug 2008\n26 Aug 2008–\n1 Feb 2009\nA2008-28 amendments by\nA2008-28\n2 Feb 2009\n2 Feb 2009–\nA2008-37 amendments by\nA2008-37\n1 July 2011–\nA2011-22 amendments by\nA2011-22\n1 July 2015–\n26 Apr 2016\nA2015-19 amendments by\nA2015-19\n\n5 Earlier republications\npage 80 Community Title Act 2001\nNo and date\nEffective Last\namendment\nmade by\nfor\n27 Apr 2016\n27 Apr 2016–\nA2016-18 amendments by\nA2016-18\n1 June 2020–\n31 Oct 2020\nA2020-16 amendments by\nA2020-16\n1 Nov 2020\n1 Nov 2020–\n26 Nov 2023\nA2020-16 amendments by\nA2020-4\n27 Nov 2023\n27 Nov 2023–\n5 Dec 2025\nA2023-36 amendments by\nA2023-36","sortOrder":83}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s operational scope has been adjusted over time by amendments evident in the endnotes. Recent changes update cross‑references and procedures (eg to the Planning Act 2023 and Land Titles Act 1925), add or refine developer and registration requirements (management statement content s7, securities s13, registration and certification steps ss16–17, 25–26), introduce administrative instruments (fees s96; approved forms s97) and formalise review routes (ACAT review s94A). These amendments alter how approvals, registration and enforcement are implemented, though the Act’s core purpose—regulating community title schemes—remains."},"complexity_factors":["Multiple procedural tracks for establishment, endorsement and registration with strict time limits (endorsement expiry s15; registration s16–17).","Developer entitlements and subordinated rights that interact with owners’ interests and by‑laws (development rights s20; progressive development s21).","Bodies corporate regime covering formation, governance, finance, by‑laws, insurance and remedial powers (membership s32; contributions ss45–46; by‑laws ss48–53; insurance ss38–39).","Amendment, amalgamation and termination processes that require different majorities, planning authority authorisations or court orders (amendment ss22–26; amalgamation ss81–85; termination ss89–92).","Interlocking statutory easements and ancillary obligations affecting physical access, maintenance and utility infrastructure (pt 10, ss69–76).","Significant discretion by the territory planning authority and the Supreme Court on approvals, conditions, bonds and orders (ss9–13; ss27, 28, 61, 81).","Cross‑legislative dependencies and updated cross‑references (Land Titles Act 1925, Planning Act 2023, Unit Titles Act 2001, electronic conveyancing provisions noted in endnotes).","Transfer and conveyancing interactions that shift developer liabilities and require pre‑contract disclosure (ss62–66; seller statement s67).","Compliance burdens and potential penalties for officials or officeholders (community title certificates s56; offence for failing to give records s58)."],"plain_english_summary":"This Act sets out how community title schemes in the ACT are created, registered, altered, governed and finally wound up. It prescribes the required documents (master plan, management statement, constituent documents and by‑laws), developer development rights and securities, the establishment and powers of bodies corporate, levies and insurance, statutory easements and dispute/ enforcement routes.\n\nIt affects developers, lot owners, occupiers, mortgagees, the territory planning authority, the registrar‑general and the Supreme Court because it determines who decides, who pays (eg contributions, bonds, insurance) and how property rights and liabilities move when schemes change."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":700},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 2001 focus on basic community title establishment. Major additions include: statutory easements (Part 10, added 2002), detailed amalgamation procedures (Part 11), comprehensive termination processes (Part 12), administrator appointment powers (s 61), and integration with the 2023 Planning Act. The 2025 amendments further expanded electronic conveyancing compatibility and fee determination powers."},"complexity_factors":["Multiple interlocking parts (13 parts, 8 divisions) with cross-references between establishment, amendment, amalgamation, and termination processes","Extensive defined terms in the Dictionary (30+ definitions) with signpost references to other sections","Conditional logic throughout — e.g., different voting thresholds (unanimous vs ordinary resolutions), staged development requirements, and multiple pathways for court intervention","Cross-references to other ACT legislation including Land Titles Act 1925, Planning Act 2023, Heritage Act 2004, and Criminal Code","Nested exceptions in by-law making powers (s 49) and insurance requirements (s 39)","Amalgamation and termination provisions with multiple procedural branches depending on whether court-ordered or voluntary","Statutory easements with detailed ancillary rights and conditions for entry (ss 70-76)","24-year amendment history with 17 republications showing evolving scope"],"plain_english_summary":"This Act creates the legal framework for community title schemes in the ACT: it lets developers establish schemes with master plans, by‑laws and staged management, automatically forms bodies corporate to manage common property, sets governance and voting rules, provides buyer protections and statutory easements, and allows amalgamation or termination. It affects developers, homeowners, body corporate members and lot buyers. It matters because it structures most new Canberra suburbs, balancing private ownership with shared responsibility for infrastructure and protecting owners from unfinished projects."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/community-title-act-2001","history":"/api/acts/community-title-act-2001/history","analysis":"/api/acts/community-title-act-2001/analysis","conflicts":"/api/acts/community-title-act-2001/conflicts","importantCases":"/api/acts/community-title-act-2001/important-cases","documents":"/api/acts/community-title-act-2001/documents"}}