{"id":"community-titles-act-1996","name":"Community Titles Act 1996","slug":"community-titles-act-1996","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31801,"registerId":"sa-community-titles-act-1996-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Community Titles Act 1996.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nallotment means land registered under the Real Property Act 1886 that comprises an allotment defined by Part 19AB of that Act;\nannual general meeting means a general meeting of a community corporation that is held in compliance with section 82;\nassociate—see section 4;\nbody corporate manager—see section 78B;\nbuilding includes a fixed structure;\nbusiness day means any day except Saturday, Sunday or a public holiday;\nby-laws—see Part 5;\nceiling includes a false or suspended ceiling;\ncommunity corporation means a corporation established when a plan of community division is deposited in the Lands Titles Registration Office;\ncommunity lot—see section 6;\ncommunity parcel means the land divided by a plan of community division but does not include a street, road, thoroughfare, reserve or other similar open space vested in a council or prescribed authority or that has reverted to the Crown;\ncommunity plan—see plan of community division;\ncommunity scheme—see scheme of community division;\ncouncil means a municipal council or a district council;\ndeposited in relation to a plan of community division means deposited in the Lands Titles Registration Office by the Registrar-General;\ndeveloper in relation to a community scheme means the person who was the registered proprietor of the land comprising the community parcel immediately before the plan of community division was deposited in the Lands Titles Registration Office;\ndevelopment lot—see section 8;\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nencumbrance includes—\n\t(a)\ta life estate or a lease;\n\t(b)\ta mortgage or charge;\n\t(c)\ta claim or lien;\n\t(d)\tan easement;\n\t(e)\ta caveat;\n\t(f)\ta statutory encumbrance;\nERD Court means the Environment, Resources and Development Court established under the Environment, Resources and Development Court Act 1993;\nfence includes a gate;\nfirst statutory general meeting means a meeting required to be convened in accordance with section 79 (and if more than 1 meeting is convened during the period of 3 months referred to in that section, the first of those meetings);\nfloor includes a stairway or ramp;\nholder of a statutory encumbrance means—\n\t(a)\tin relation to an agreement under Part 14 of the Planning, Development and Infrastructure Act 2016—the Minister, council or greenway authority that entered into the agreement; or\n\t(b)\tin any other case—the Minister responsible for the administration of the Act under which the encumbrance was entered into or is in force;\nland valuer means a person who lawfully carries on a business that consists of or involves valuing land;\nleaseback arrangement—see subsection (7);\nlot means a community lot or a development lot;\nlot entitlement—see section 20;\nlot subsidiary—see section 19(3)(d);\nnon-recurrent in relation to expenditure means expenditure for a particular purpose that is normally made less frequently than once a year;\noccupier in relation to a lot means a person who occupies the lot on a temporary or permanent basis (either solely or jointly with other persons) and includes a person who is unlawfully in occupation of a lot;\nofficer of a community corporation means the presiding officer, treasurer or secretary of the community corporation;\nordinary resolution of a community corporation means a resolution passed at a properly convened meeting of the corporation by a simple majority of the votes of members present and voting on the resolution;\nowner—\n\t(a)\tin relation to land (excluding a lot) means a person who is registered as the proprietor of an estate in fee simple in the land or, where a mortgagee is in possession of the land, means the mortgagee to the exclusion of the registered proprietor of the land;\n\t(b)\tin relation to a lot (other than a lot referred to in paragraph (c)) means—\n\t(i)\ta person who is registered as the proprietor of an estate in fee simple in the lot; or\n\t(ii)\tif the fee simple is divided into a life estate with a remainder or reversionary interest—the person registered as the proprietor of the life estate to the exclusion of the proprietor of the remainder or reversionary interest; or\n\t(iii)\tif a mortgagee is in possession of the lot—the mortgagee to the exclusion of the persons referred to in subparagraphs (i) and (ii);\n\t(c)\tin relation to a primary or secondary lot that has been divided by a secondary or tertiary plan, means the secondary or tertiary corporation established on deposit of the plan in the Lands Titles Registration Office;\nplan of community division or community plan means a plan that divides land into lots and common property;\nprimary by-laws means by-laws made under this Act in relation to the division of land by a primary plan of community division;\nprimary community corporation or primary corporation means the community corporation established on the deposit of a primary plan of community division in the Lands Titles Registration Office;\nprimary lot—see section 7(1);\nprimary parcel means land divided by a primary plan of community division but does not include a street, road, thoroughfare, reserve or other similar open space vested in a council or prescribed authority or that has reverted to the Crown;\nprimary plan of community division or primary plan means a plan of community division that divides land comprising an allotment;\nprimary scheme means a scheme of community division in which an allotment is divided into common property and primary lots;\nrecurrent in relation to expenditure means expenditure for a particular purpose that is normally made every year or more frequently;\nregistered encumbrance means an encumbrance registered or entered on the certificate of title for the land to which it relates;\nrelative in relation to a person, means the spouse, domestic partner, parent or remoter lineal ancestor, son, daughter or remoter issue or brother or sister of the person;\nrelevant development authority in relation to the division or other development of land means the person or body authorised by the Planning, Development and Infrastructure Act 2016 to consent to, or approve of, the division or other development of the land or to give any other development authorisation under that Act in relation to the division or other development of the land;\nresidential purposes in relation to the use of land does not include the use of land for the purposes of a hotel, motel or hostel or to provide any other form of temporary residential accommodation for valuable consideration;\nschedule of lot entitlements means the schedule of lot entitlements annexed to a plan of community division;\nscheme of community division or community scheme in relation to land means the scheme for the division, development and administration of the land set out in the scheme description (if any), plan of community division, by-laws and development contract (if any) lodged with the Registrar-General under this Act in relation to the land;\nscheme description means the description of the community scheme filed with the plan of community division deposited in the Lands Titles Registration Office;\nsecondary community corporation or secondary corporation means the community corporation established on the deposit of a secondary plan of community division in the Lands Titles Registration Office;\nsecondary lot—see section 7(2);\nsecondary parcel means land divided by a secondary plan of community division but does not include a street, road, thoroughfare, reserve or other similar open space vested in a council or prescribed authority or that has reverted to the Crown;\nsecondary plan of community division or secondary plan means a plan of community division that divides land comprising a primary lot;\nsecondary scheme means a scheme of community division in which a primary lot is divided into common property and secondary lots;\nservice infrastructure means cables, wires, pipes, sewers, drains, ducts, plant and equipment by which lots or common property are provided with—\n\t(a)\twater reticulation or supply; or\n\t(b)\tgas reticulation or supply; or\n\t(c)\telectricity supply; or\n\t(d)\theating oil; or\n\t(e)\tair conditioning or ventilation; or\n\t(f)\ta telephone service; or\n\t(g)\ta radio service; or\n\t(h)\ta computer data or television service; or\n\t(i)\tsewer systems; or\n\t(j)\tdrainage; or\n\t(k)\tsystems for the removal or disposal of garbage or waste; or\n\t(l)\tother systems or services designed to improve the amenity, or enhance the enjoyment, of the lots or common property;\nspecial resolution of a community corporation means—\n\t(a)\twhere the number of community lots is three—see section 88;\n\t(b)\tin all other cases—a resolution—\n\t(i)\tof which at least 14 days notice setting out the text of the proposed resolution and any other information of a kind prescribed by regulation has been served on all the owners of the community lots; and\n\t(ii)\tthat is passed at a properly convened meeting of the corporation at which the number of votes (if any) cast against the resolution is 25 per cent or less of the total number of votes that could be cast at a meeting at which all members are present and entitled to vote1;\nspouse—a person is the spouse of another if they are legally married;\nstatutory encumbrance means—\n\t(a)\tan Aboriginal heritage agreement entered into under the Aboriginal Heritage Act 1988;\n\t(ab)\tan agreement under section 39D of the repealed City of Adelaide Development Control Act 1976 that is continued in force by virtue of the provisions of the Acts Interpretation Act 1915;\n\t(b)\tan agreement under Part 14 of the Planning, Development and Infrastructure Act 2016 (including an agreement under Part 5 of the Development Act 1993 that is taken to be an agreement under that Part of the Planning, Development and Infrastructure Act 2016);\n\t(c)\tany agreement or proclamation registered or noted on the title to land immediately before the commencement of the Development Act 1993 that is continued in force by virtue of the provisions of the Statutes Repeal and Amendment (Development) Act 1993;\n\t(d)\ta heritage agreement entered into under the Heritage Places Act 1993;\n\t(e)\ta heritage agreement entered into under the Native Vegetation Act 1991;\n\t(ea)\tan access agreement entered into under the Recreational Greenways Act 2000;\n\t(eb)\ta management agreement entered into under the River Murray Act 2003;\n\t(ec)\ta management agreement entered into under the Upper South East Dryland Salinity and Flood Management Act 2002;\n\t(f)\tany other encumbrance created by or under any statute and prescribed by the regulations for the purposes of this definition;\nstrata lot means a community lot created by a strata plan;\nstrata plan—see section 9(1);\nstrata scheme means a scheme of community division under which land is divided by a strata plan;\ntertiary community corporation or tertiary corporation means the community corporation established on the deposit of a tertiary plan of community division in the Lands Titles Registration Office;\ntertiary lot—see section 7(3);\ntertiary parcel means land divided by a tertiary plan of community division but does not include a street, road, thoroughfare, reserve or other similar open space vested in a council or prescribed authority or that has reverted to the Crown;\ntertiary plan of community division or tertiary plan means a plan of community division that divides land comprising a secondary lot;\ntertiary scheme means a scheme of community division in which a secondary lot is divided into common property and tertiary lots;\nunanimous resolution of a community corporation means a resolution—\n\t(a)\tof which at least 14 days notice setting out the text of the proposed resolution and any other information of a kind prescribed by regulation has been served on all the owners of the community lots; and\n\t(b)\tthat is passed at a properly convened meeting of the corporation without any vote being cast against it;\nwall includes a door or window.\n\t(2)\tFor the purposes of this Act, allotments or primary parcels will be taken to be contiguous if they abut one another at any point or if they are separated only by—\n\t(a)\ta street, road, railway, thoroughfare, travelling stock route, watercourse or channel; or\n\t(b)\ta reserve or other similar open space dedicated for public purposes.\n\t(3)\tFor the purposes of subsection (2) allotments or primary parcels will be taken to be separated by intervening land if a line projected at right angles from any point on the boundary of one of the allotments or primary parcels with the intervening land would intersect a boundary of the other allotment or primary parcel with the intervening land.\n\t(4)\tIf a primary lot is divided by a secondary plan and one or more of the secondary lots created by the plan are used, or are intended to be used, or are taken to be used (see subsection (5)), solely or predominantly for residential purposes, the primary lot will be taken, for the purposes of this Act, to be used solely or predominantly for residential purposes.\n\t(5)\tIf a secondary lot is divided by a tertiary plan and one or more of the tertiary lots created by the plan are used, or are intended to be used, solely or predominantly for residential purposes, the secondary lot will be taken, for the purposes of this Act, to be used solely or predominantly for residential purposes.\n\t(6)\tIf a primary lot is divided by a secondary plan, the secondary scheme will be taken to comprise part of the primary scheme and if a secondary lot is divided by a tertiary plan, the tertiary scheme will be taken to comprise part of the primary and secondary schemes.\n\t(7)\tFor the purposes of this Act a community parcel will be taken to be subject to a leaseback arrangement if each of the community lots is subject to a lease to the same person (whether the developer or some other person) or some but not all of the community lots are subject to leases to the same person and the remaining community lots are owned by the lessee.\n\t(8)\tWhere a community parcel comprised of a primary lot or a secondary lot2 is subject to a leaseback arrangement, the lessee (and not the secondary or tertiary corporation) will be taken to be the owner of the lot for the purpose of applying subsection (7).\n\t(9)\tA document will be taken to have been filed with a plan of community division under this Act when the Registrar-General certifies that it has been filed with the plan in accordance with this Act.\n\t(10)\tAn explanatory note to a provision of this Act does not form part of the provision to which it relates.\n\t(11)\tWhere—\n\t(a)\tthis Act requires the scheme description lodged with the Registrar-General to be endorsed by the relevant development authority; and\n\t(b)\t—\n\t(i)\tall the consents or approvals required under the Planning, Development and Infrastructure Act 2016 in relation to the division of the land (and a change in the use of the land (if any)) in accordance with the scheme description and the plan of community division have been granted; or\n\t(ii)\tno consent or approval is required under that Act in relation to the division of the land (or a change in the use of the land),\nthe relevant development authority must, subject to section 30(4), endorse the scheme description to the effect of either paragraph (b)(i) or (ii).\n\t(12)\tThe endorsement of a scheme description does not limit the relevant development authority's right to refuse, or to place conditions on, development authorisation under the Planning, Development and Infrastructure Act 2016 in relation to any other development envisaged by the scheme description.\n\t(13)\tIf—\n\t(a)\ta licensed surveyor is uncertain about the location of a part of the service infrastructure; and\n\t(b)\tidentifies the part that he or she is uncertain about in a certificate that a plan has been correctly prepared in accordance with this Act,\nthe following provisions apply:\n\t(c)\tthe certificate is not invalid for the purposes of this Act because of the surveyor's uncertainty as to the location of that part of the service infrastructure; and\n\t(d)\tno civil liability attaches to the surveyor because the location of that part of the service infrastructure is shown on the plan incorrectly.\nExplanatory Notes—\n1\tSubparagraph (ii) looks at the number of votes against the resolution rather than the number of votes in favour of it. For example in an 80 lot scheme 21 votes must be cast against a resolution for it to fail to be a special resolution.\n2\tA primary lot that is divided by a secondary plan is a secondary community parcel and a secondary lot divided by a tertiary plan is a tertiary community parcel (see definitions of secondary and tertiary parcels). For the other purposes of the Act the secondary or tertiary corporation is regarded as the owner of the primary or secondary lot. But for the purpose of determining under subsection (7) whether a primary or secondary parcel is subject to a leaseback arrangement, the lessee under a leaseback arrangement over a primary or secondary lot forming part of the primary or secondary parcel should be regarded as the owner of the primary or secondary lot.\n4—Associates\n\t(1)\tA person is an associate of another person for the purposes of this Act if—\n\t(a)\ta relationship of a kind referred to in subsection (2) exists between them; or\n\t(b)\tthey are linked by a series of relationships of a kind or kinds referred to in subsection (2) through one or more other persons.\n\t(2)\tSubsection (1) applies in relation to the following kinds of relationships:\n\t(a)\tthe relationship between relatives;\n\t(b)\tthe relationship between a guardian and a child or a guardian and a protected person;\n\t(c)\tthe relationship between partners;\n\t(d)\tthe relationship between employer and employee;\n\t(e)\tthe relationship where one person is bound to, or usually does, act in accordance with the directions, instructions or wishes of another person;\n\t(f)\tthe relationship between a body corporate and an executive officer of the body corporate;\n\t(g)\tthe relationship between a body corporate and a person who is in a position to control or influence the activities of the body corporate;\n\t(h)\tfiduciary relationships.\n5—This Act and the Real Property Act 1886 to be read together\nThis Act and the Real Property Act 1886 will be read together as a single Act.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Scope of the Act","content":"Part 2—Scope of the Act\n6—Nature of division under this Act\n\t(1)\tThis Act provides for the division of land into lots and common property.\n\t(2)\tA lot created by division under this Act is a community lot or a development lot.\n7—What land can be divided\n\t(1)\tLand comprised in an allotment may be divided into two or more community lots (primary lots) and common property by a primary plan of community division.1\n\t(2)\tA primary lot created by a primary plan of community division under subsection (1) may be divided into two or more community lots (secondary lots) and common property by a secondary plan of community division.\n\t(3)\tA secondary lot created by a secondary plan of community division under subsection (2) may be divided into two or more community lots (tertiary lots) and common property by a tertiary plan of community division.\n1\tThe first level of division under this Act is into primary lots and common property. The Act does not require primary lots to be further divided into secondary lots and it is envisaged that most divisions (especially in the smaller schemes) will not go beyond the primary level.\n8—Development lots\n\t(1)\tA plan of community division may, in addition to dividing land into community lots and common property, create one or more development lots to enable division of the community parcel to be undertaken in stages.\n\t(2)\tThe land comprised in a development lot will be divided during a subsequent stage or stages in accordance with a development contract.\n\t(3)\tThe division of a development lot results in the creation of community lots of the same kind as those created in previous stages1 and may involve the creation of common property as well.\n\t(4)\tSubject to the scheme description and the development contract, the owner of a development lot may, if he or she wishes to, divide the lot in stages.\n1\tFor example, if a plan of community division divides land into primary lots, common property and a development lot, the lots created by subsequent division of the development lot can only be primary lots.\n9—Strata division\n\t(1)\tA plan of community division (to be called a strata plan) may create community lots with defined upper and lower boundaries as well as lateral boundaries.\n\t(2)\tEach strata lot must be wholly or partly within a building that has been erected on the community parcel and the boundaries of the lots, or parts of the lots, that are within the building must be defined by reference to the building.\n10—The community corporation\n\t(1)\tA community corporation is established when a plan of community division is deposited by the Registrar-General in the Lands Titles Registration Office.\n\t(2)\tThe owners of the community lots are the members of the community corporation.\n\t(3)\tThe corporation is the mechanism by which the owners of community lots participate in the administration of the community parcel.\n11—The scheme description\n\t(1)\tExcept in the case of a small scheme (see section 15), the original owner of the community parcel (the developer) is required to lodge a description of the scheme for the division, development and administration of the community parcel (the scheme description) with the plan of community division.\n\t(2)\tThe scheme description is filed with the community plan by the Registrar-General when depositing the plan in the Lands Titles Registration Office.\n\t(3)\tIts purpose is to provide a brief description of the nature of the scheme to which the relevant development authority has given its consent for the benefit of persons considering purchasing or entering into any other dealing with a lot created by the scheme.\n\t(4)\tThe by-laws of the scheme and a development contract (if any) relating to the scheme must be consistent with the scheme description.\n12—By-laws\n\t(1)\tBy-laws may be used to regulate—\n\t(a)\tthe use and enjoyment of the common property; and\n\t(b)\tthe purpose or purposes for which community lots may be used; and\n\t(c)\tthe design, construction and appearance of buildings on the common property and the community lots and the landscaping of community lots.\n\t(2)\tThe first by-laws are lodged with the application for division and may be varied from time to time by special resolution1 of the community corporation.\n1\tExcept where the number of votes that may be cast in respect of each lot is to be changed in which case a unanimous resolution is required—see section 87(2).\n13—Staged development and development contracts\n\t(1)\tIf the scheme description indicates that the community parcel is to be (or is likely to be) divided in stages—\n\t(a)\tthe land to be divided in a subsequent stage must be shown on the community plan as a development lot; and\n\t(b)\tthe developer must execute a development contract requiring him or her to apply for division of that land at a later date in accordance with the scheme description.1\n\t(2)\tIf the scheme description indicates that the developer is to (or is likely to) erect buildings or other improvements on a development lot or the common property, the developer must execute a development contract requiring the developer to erect the buildings or make the improvements in accordance with the scheme description.\n\t(3)\tIf the scheme description indicates that a community lot is to be (or is likely to be) divided or otherwise developed in a particular manner or for a particular purpose, the developer must execute a development contract requiring the developer to divide or develop the lot in that manner or for that purpose.\n\t(4)\tSuccessive owners of the community lot are bound by the contract referred to in subsection (3).\n1\tA developer can be required by a development contract to divide a primary, secondary or tertiary parcel in stages. A part of the parcel (a development lot) is set aside for this purpose. A developer can also be required by a development contract to divide a primary lot by a secondary plan or a secondary lot by a tertiary plan (see subsection (3)). Although this division occurs after the division of the primary or secondary parcel it is not referred to in this Act as staged division.\n","sortOrder":1},{"sectionNumber":"Part 3","sectionType":"part","heading":"Division of land by plan of community division","content":"Part 3—Division of land by plan of community division\n","sortOrder":2},{"sectionNumber":"Div 1","sectionType":"division","heading":"Application for division","content":"Division 1—Application for division\n14—Application\n\t(1)\tThe registered proprietor of an estate in fee simple in—\n\t(a)\tland comprising an allotment or allotments;\n\t(b)\tland comprising a primary lot or a secondary lot,\nmay apply to the Registrar-General for the division of the land by a plan of community division.\n\t(2)\tIf the land to be divided is subject to a life estate, the proprietors of the life estate and the reversionary or remainder interest will be taken together, for the purposes of subsection (1), to be the proprietors of an estate in fee simple in the land.\n\t(3)\tThe application must be in a form approved by the Registrar-General and must—\n\t(a)\tinclude the names and addresses of the first owners of the lots and must specify the lot or lots to be owned by each of them; and\n\t(b)\tinclude the address of the corporation that will be established on deposit of the plan of community division; and\n\t(c)\tinclude such other information as the Registrar-General requires.\n\t(4)\tThe application must be accompanied by—\n\t(b)\tthe plan of community division; and\n\t(d)\tthe scheme description endorsed by the relevant development authority (a scheme description is not required for certain small schemes—see section 15); and\n\t(f)\tthe first by-laws of the scheme; and\n\t(g)\tif the scheme description indicates—\n\t(i)\tthat the community parcel is to be (or is likely to be) divided in stages; or\n\t(ii)\tthat the owner of a particular community lot is to (or is likely to) divide the lot or develop it in any other manner; or\n\t(iii)\tthat the developer is to (or is likely to) make improvements to, or undertake development work on, a development lot or the common property,\nan appropriate development contract or contracts; and\n\t(h)\ta certificate from a licensed surveyor in the form prescribed by regulation (which must be endorsed on the plan) certifying that the plan has been correctly prepared in accordance with this Act to a scale determined by the Registrar‑General; and\n\t(i)\ta certificate from a land valuer in the form prescribed by regulation (which must be endorsed on the schedule of lot entitlements) certifying that the schedule is correct (the Registrar-General may refuse to accept the certificate if given more than six months before the application is lodged); and\n\t(j)\tany instrument, duly executed, that is to be registered on deposit of the plan; and\n\t(k)\tsuch other documentary material as the Registrar-General may require.\n\t(5)\tThe plan of community division—\n\t(a)\tmust be in a form approved by the Registrar-General; and\n\t(b)\tmust divide the land into two or more community lots and common property; and\n\t(c)\tmay include one or more development lots; and\n\t(d)\tmust delineate the boundaries of the land and the lots and common property into which the land is divided in a manner that allows those boundaries to be ascertained; and\n\t(e)\tmust as far as practicable delineate the service infrastructure (but not that part of the service infrastructure within the boundaries of a community lot if it does not provide a service to any other lot or the common property); and\n\t(f)\tmust delineate the streets, roads, thoroughfares, reserves or similar open spaces (if any) that will, on deposit of the plan, be vested in a council or prescribed authority or will revert to the Crown; and\n\t(g)\tmust delineate the easements (if any) of a kind referred to in section 25; and\n\t(h)\tmust designate each lot by a distinguishing number; and\n\t(i)\tmust have annexed to it a schedule of lot entitlements in relation to the community lots in a form approved by the Registrar-General; and\n\t(j)\tmust comply with any requirements stipulated by the Registrar-General.\n\t(5a)\tThe Registrar‑General must not deal with the application unless satisfied that the certificate from the State Planning Commission required by section 138 of the Planning, Development and Infrastructure Act 2016 has been given, and is in force, in relation to the development.\n\t(6)\tThe certificate from the State Planning Commission under section 138 of the Planning, Development and Infrastructure Act 2016 expires at the expiration of one year after the application for the division of the land was lodged with the Registrar-General unless the Registrar-General extends the life of the certificate.\n\t(7)\tA primary lot cannot be divided by a secondary plan if the scheme description or the by-laws of the primary scheme prohibit it.\n\t(8)\tA secondary lot cannot be divided by a tertiary plan if the scheme description or the by-laws of the primary or secondary scheme prohibit it.\n15—Scheme description not required for certain small schemes\n\t(1)\tThere is no need to lodge a scheme description with the Registrar-General if—\n\t(a)\tthe plan of community division—\n\t(i)\tdoes not create more than six community lots (or such other number as is prescribed by regulation); and\n\t(ii)\tdoes not create a development lot; and\n\t(b)\teach of the community lots is intended to be used solely or predominantly for residential purposes.\n\t(2)\tIf the community corporation subsequently applies to the Registrar-General to amend the plan of community division to increase the number of community lots to a number that exceeds the number prescribed by or under subsection (1)(a)(i), the application must be accompanied by a scheme description endorsed by the relevant development authority.\n15A—Application may deal with statutory encumbrances\nDespite any other statutory provision to the contrary, the Registrar‑General may treat an application under this Part as if it included an application for the variation or termination of a statutory encumbrance if—\n\t(a)\tthe application or the plan of community division specifies that variation or termination of a statutory encumbrance is to be registered or noted; and\n\t(b)\tthe application is accompanied by—\n\t(i)\ta certificate signed by or on behalf of the holder of the statutory encumbrance certifying that the requirements of the Act under which the encumbrance was entered into, or is in force, as to the variation or termination of the statutory encumbrance (if any) have been complied with; and\n\t(ii)\tsuch other documentary material in relation to the statutory encumbrance as the Registrar‑General may require.\n16—Consents to application\n\t(1)\tThe applicant must provide evidence to the satisfaction of the Registrar-General that—\n\t(a)\tthe holder of a registered encumbrance over the land to be divided consents to the application; and\n\t(b)\twhere deposit of the plan in the Lands Titles Registration Office will affect the estate or interest of a person in land outside the community parcel—that person consents to the application; and\n\t(c)\twhere deposit of the plan in the Lands Titles Registration Office will operate to vest an estate or interest in land (whether within or outside the community parcel) in a person—that person consents to the application.\n\t(2)\tThe Registrar-General may, if he or she thinks fit, dispense with the consent of a person referred to in subsection (1).\n\t(3)\tIf the deposit of a plan of community division would result in the extinguishment of an easement in respect of part of the dominant land, the consent of a person who has or claims an estate or interest in the servient land is not required (unless the Registrar‑General determines otherwise in a particular case) in relation to that extinguishment if rights under the easement continue in existence in respect of some other part of the dominant land.\n17—Application in relation to part of the land in a certificate\n\t(1)\tWhere an allotment comprises a part, but not the whole, of the land in a certificate of title, an application for division of the allotment under this Act can only be made if the remainder of the land in the certificate—\n\t(a)\tconstitutes the whole of an allotment or a number of allotments; or\n\t(b)\tconstitutes an allotment or allotments and a part allotment or part allotments that are contiguous with that allotment or one or more of those allotments.\n\t(2)\tThe requirement for contiguity in subsection (1)(b) does not apply to a part allotment that was not contiguous with any allotment in the certificate before the division occurred.\n18—Status of plan and application\n\t(1)\tThe plan and the application for division will, upon being lodged with the Registrar-General, be taken for the purposes of the Real Property Act 1886 to be a single instrument presented for registration and will have priority over other instruments in accordance with section 56 of that Act.\n\t(2)\tSubject to subsection (3), the plan or the application to which it relates cannot be withdrawn or amended without the consent of all the persons who have consented to the application.\n\t(3)\tThe Registrar-General may permit an applicant, or a person who has consented to the application, to amend the application or the plan to which it relates in order to comply with this Act or the Real Property Act 1886 or with a requirement of the Registrar-General under this Act or the Real Property Act 1886.\n\t(4)\tThe provisions of the Real Property Act 1886 that apply to, or in relation to, instruments of a particular class will, subject to this Part, apply (with any necessary adaptations or modifications) to, or in relation to, a plan and the application for division if deposit of the plan in the Lands Titles Registration Office—\n\t(a)\twould operate to vest in a person under section 23 the same kind of estate or interest as is vested by registration of instruments of that class; or\n\t(b)\twould discharge or otherwise extinguish an estate or interest in land under section 23 of the same kind as is discharged or extinguished by registration of instruments of that class.\n19—Special provisions relating to strata plans\n\t(1)\tA strata plan must divide the building on the community parcel (or, if there is more than one building, at least one of them) so as to create at least one lot that is situated above another lot in the building.\n\t(2)\tSubsection (1) does not apply to a strata plan that was originally deposited in the Lands Titles Registration Office under the Strata Titles Act 1988 and has become a strata plan under this Act by virtue of an election under clause 2 of the Schedule.\n\t(3)\tA strata lot—\n\t(a)\tmay be below, on or above the surface of land; and\n\t(b)\tmay be wholly on one storey or partly on one storey and partly on another or others; and\n\t(c)\tmust have upper and lower boundaries as well as lateral boundaries that are defined by reference to parts of the building; and\n\t(d)\tmay include an area (a lot subsidiary) within the building or comprising land outside the building to be used for a purpose that is ancillary to the purpose for which the rest of the lot is to be used.\n\t(4)\tSubject to any explicit statement to the contrary in a strata plan, the following principles apply to the definition of a lot by strata plan—\n\t(a)\twhere a boundary is defined by reference to a wall or fence—the boundary is the inner surface of the wall or fence;\n\t(b)\twhere a boundary is defined by reference to a floor—the boundary is the upper surface of the floor;\n\t(c)\twhere a boundary is defined by reference to a ceiling or roof—the boundary is the under surface of the ceiling or roof.\n","sortOrder":3},{"sectionNumber":"Div 2","sectionType":"division","heading":"Lot entitlement","content":"Division 2—Lot entitlement\n20—Lot entitlement\n\t(1)\tThe lot entitlement of a community lot is a number assigned to the lot that bears in relation to the aggregate of the lot entitlements of all of the community lots defined on the community plan (within a tolerance of plus or minus 10 per cent) the same proportion that the value of the lot bears to the aggregate value of those lots.1\n\t(2)\tThe lot entitlement of a lot must be expressed as a whole number.\n\t(3)\tThe regulations may provide that the aggregate of the lot entitlements of all the community lots defined on a plan must be equal to a number fixed by the regulations.\n\t(4)\tThe unimproved value of the lots will be used to establish lot entitlements.\n\t(5)\tIn the case of a strata lot this will be taken to include the value of the part of the building containing or comprising the lot without taking into account the value of fixtures or other improvements.\n1\tLot entitlements determine the shares in which lot owners make monetary contributions to the community corporation and are responsible for liabilities of the corporation and the shares in which the assets of the corporation are divided on cancellation.\n21—Application to amend schedule of lot entitlements\n\t(1)\tA community corporation may apply to the Registrar-General to amend the schedule of lot entitlements.\n\t(2)\tThe application must be in a form approved by the Registrar-General and must be accompanied by—\n\t(b)\ta new schedule of lot entitlements in a form approved by the Registrar-General certified correct by a land valuer (the Registrar-General may refuse to accept the schedule if it was certified to be correct more than six months before the application was lodged).\n\t(3)\tThe corporation must provide evidence to the satisfaction of the Registrar-General that the application is made in pursuance of a unanimous resolution of the community corporation.\n\t(4)\tThe corporation must provide evidence to the satisfaction of the Registrar-General that the following persons have given their consent to the proposed amendment:\n\t(a)\ta person who is the owner of a community lot at the relevant time but who did not have the opportunity of voting against the resolution of the corporation authorising the proposed amendment because he or she was not a member of the corporation when the vote was taken; and\n\t(b)\ta prospective owner at the relevant time of a community lot; and\n\t(c)\ta registered encumbrancee or prospective encumbrancee at the relevant time of a community lot; and\n\t(d)\tthe persons referred to in subsection (5).\n\t(5)\tThe consents of the following persons are also required:\n\t(a)\twhere the corporation is a primary corporation and a primary lot is divided by a secondary plan—\n\t(i)\ta person who is the owner of a secondary lot at the relevant time but who did not have the opportunity of voting against the proposed amendment because he or she was not a member of the secondary corporation when the vote was taken; and\n\t(ii)\ta prospective owner at the relevant time of a secondary lot; and\n\t(iii)\ta registered encumbrancee or prospective encumbrancee at the relevant time of a secondary lot; and\n\t(b)\twhere the corporation is a primary corporation and a primary lot is divided by a secondary plan and a secondary lot created by that plan is divided by a tertiary plan or where the corporation is a secondary corporation and a secondary lot is divided by a tertiary plan—\n\t(i)\ta person who is the owner of a tertiary lot at the relevant time but who did not have the opportunity of voting against the proposed amendment because he or she was not a member of the tertiary corporation when the vote was taken; and\n\t(ii)\ta prospective owner at the relevant time of a tertiary lot; and\n\t(iii)\ta registered encumbrancee or prospective encumbrancee at the relevant time of a tertiary lot.\n\t(6)\tThe consent of a registered encumbrancee is not required under this section in relation to an easement registered in his or her name.\n\t(7)\tThe consent of the owner or encumbrancee of a lot is not required under this section if, before the relevant time, an instrument had been presented for registration at the Lands Titles Registration Office on the registration of which that person would cease to be the owner or an encumbrancee of the lot.\n\t(8)\tThe consent of an encumbrancee of a lot is not required under this section if the proportion that the new lot entitlement of the lot bears to the aggregate of the new lot entitlements of all the lots is within a range of plus or minus ten per cent of the proportion that the value of the lot bears to the aggregate values of all of the lots based on the valuations used when preparing the previous schedule of lot entitlements.\n\t(9)\tIf the requirements of this section are satisfied, the Registrar-General must substitute the new schedule of lot entitlements for the previous schedule.\n\t(10)\tIn this section—\nprospective encumbrancee in relation to a lot means a person who will hold a registered encumbrance (not being an easement) over the lot on registration of an instrument that has been presented for registration at the Lands Titles Registration Office but has not been registered;\nprospective owner in relation to a lot means a person who will be the owner of the lot on registration of a transfer that has been presented for registration at the Lands Titles Registration Office but has not been registered;\nrelevant time means the time at which the application for amendment of the schedule of lot entitlements is lodged with the Registrar-General by the community corporation.\n","sortOrder":4},{"sectionNumber":"Div 3","sectionType":"division","heading":"Deposit of community plan","content":"Division 3—Deposit of community plan\n22—Deposit of community plan\n\t(a)\tapplication is made for the division of land by a community plan in accordance with this Act; and\n\t(b)\tthe requirements made by or under this Act in relation to the application have been satisfied; and\n\t(c)\tthe plan conforms with the requirements of this Act,\nthe Registrar-General must deposit the plan in the Lands Titles Registration Office and assign a number to it.\n\t(2)\tThe Registrar-General must file the following documents with a plan deposited under subsection (1)—\n\t(a)\tthe scheme description (except in the case of certain small schemes where a scheme description is not required—see section 15); and\n\t(b)\tthe by-laws that will apply in relation to the scheme; and\n\t(c)\tthe development contract or contracts (if any).\n\t(3)\tOn the deposit of a community plan under subsection (1)—\n\t(a)\tan appropriate note must be entered on the certificate or certificates of title for the land to which the plan relates; and\n\t(b)\tthe existing certificate or certificates for the land must then be cancelled and new certificates issued for the lots and common property created by the plan.\n\t(4)\tA certificate of title for a lot or common property must state that the land comprised in the certificate is part of a community parcel which must be identified by reference to the number of the community plan.\n\t(5)\tWhere land comprising an allotment is divided by a plan of community division, the land ceases to comprise an allotment upon deposit of the plan.\n23—Vesting etc of lots etc on deposit of plan\n\t(1)\tOn deposit of a plan of community division—\n\t(a)\tthe common property vests in the owners of the community lots but the certificate of title for the common property will be issued in the name of the community corporation;\n\t(b)\tif immediately before division the land divided comprised one allotment or two or more allotments owned by the same person, the lots will vest in that person and certificates for the lots will be issued in that person's name;\n\t(c)\tif immediately before division the land divided comprised one or more allotments owned by more than one person, the lots will vest in one or two or more of those persons in the manner stated by the application and the certificates for the lots will be issued accordingly;\n\t(d)\tif the land divided comprises a primary or secondary lot, the lots created by the plan will vest in the owner of the primary or secondary lot.\n\t(2)\tWhere a plan, or the application for division, states that an estate or interest in land (not being an estate in fee simple in the common property or a lot) is vested in a person, deposit of the plan in the Lands Titles Registration Office operates to vest the estate or interest in that person to the extent to which it is not already vested in him or her.\n\t(3)\tWhere a plan, or the application for division, states that an estate or interest in land is discharged or otherwise extinguished whether wholly or in respect of part only of that land, deposit of the plan in the Lands Titles Registration Office operates to discharge or otherwise extinguish that estate or interest wholly or in respect of that part of the land.\n\t(4)\tWhere the deposit of a plan will operate to vest an encumbrance (other than an easement referred to in section 25) in a person, the terms on which the encumbrance will be held must be specified by including them in, or attaching them to, the application for division or by reference to another registered instrument.\n\t(5)\tWhere an easement is vested on deposit of a plan, the plan (or another plan referred to in the plan) must delineate the easement and the plan, or the application for division, must specify which land is the dominant land (if any) and which land is the servient land in respect of the easement.\n\t(6)\tSubject to this section, where land divided by a community plan is subject to a registered easement or a registered lease—\n\t(a)\tin the case of an easement—the easement; and\n\t(b)\tin the case of a lease—the lease and any encumbrance registered in relation to the lease,\nwill be registered on the relevant certificates of title issued under this section.\n\t(7)\tSubject to this section, where land divided by a community plan is subject to a registered encumbrance (other than a statutory encumbrance, an easement or a lease or encumbrance registered in relation to a lease) that is to continue after the deposit of the plan, the encumbrance—\n\t(a)\twill be registered on the certificate of title for each lot; but\n\t(b)\twill not be registered on the certificate for the common property and the encumbrance will be taken to be discharged to that extent.\n\t(8)\tThe Registrar-General must, in relation to a statutory encumbrance, make such notes or other endorsements on the certificate of title for any lot, or for the common property, as may be appropriate according to the nature and extent of the encumbrance.\n\t(9)\tWhere duty is payable under the Stamp Duties Act 1923 in relation to two or more transactions that will be effected by deposit of a plan of community division, each of the transactions will be taken to be effected by a separate instrument for the purposes of assessing duty.\n24—Easements for support, shelter, services and projections\n\t(1)\tThe following easements exist between the lots and between the lots and common property, to the extent required by the nature of the community scheme or by the nature of the buildings or other improvements erected on, or made to, the community parcel (whether before or after deposit of the community plan)—\n\t(a)\teasements of support1 and shelter;\n\t(b)\teasements for the establishment, maintenance and repair of the service infrastructure;\n\t(c)\teasements for the provision of the following services by means of the service infrastructure—\n\t(i)\tthe supply of water, gas, electricity, heating oil or air-conditioned air; and\n\t(ii)\tventilation; and\n\t(iii)\tthe transmission of telephonic, radio, computer and television signals; and\n\t(iv)\tthe removal of sewage and the drainage and water; and\n\t(v)\tthe removal or disposal of garbage and waste; and\n\t(vi)\tthe provision of any other similar service;\n\t(d)\teasements for the projection of window sills, windows, window awnings, eaves, guttering and other minor parts of a building.\n\t(2)\tAn easement for the support or shelter of a building or other improvement does not arise under subsection (1) if the building or other improvement was erected or made after the deposit of the community plan (or, in the case of a development lot, after the division of the development lot by amendment of the community plan) unless—\n\t(a)\tthe building or other improvement is erected or made pursuant to a development contract; or\n\t(b)\tthe building or other improvement provides support or shelter for the building or improvement from which it is to receive support or shelter.\n\t(3)\tAn easement for projections only arises under subsection (1)(d) in respect of—\n\t(a)\ta building erected before the deposit of the community plan or, in the case of a development lot, before the division of the development lot by amendment of the community plan; or\n\t(b)\ta building erected pursuant to a development contract.\n\t(4)\tThe cables, wires, pipes, sewers, drains, ducts, plant and equipment comprising the service infrastructure will be located—\n\t(a)\tin the positions specified in the plan of community division; or\n\t(b)\tif no position has been specified—in the position agreed by the owners of the land affected or if they cannot reach agreement, the position determined by the appropriate court under Part 14.\n\t(5)\tWhere a cable, wire, pipe, sewer, drain, plant or equipment was laid or installed before the plan of community division was deposited, the owners of the land affected will be taken to have agreed to the position in which the cable, wire, pipe, sewer, drain, plant or equipment was laid or installed.\n1\tAn example of an easement for support created by subsection (1) is the right to use a party wall for the support of floors, ceilings, roofs etc.\n25—Easements in favour of Government instrumentalities\nSection 223LG of the Real Property Act 1886 applies in relation to a plan of community division deposited in the Lands Titles Registration Office as though it were a plan of division deposited under Part 19AB of that Act.\n26—Vesting of certain land in council etc\n\t(1)\tAny land that comprises part of the land divided by a deposited plan of community division but that is not common property or part of a lot and is shown on the plan as a street, road, thoroughfare, reserve or similar open space—\n\t(a)\tis vested in fee simple in the council for the area in which the community parcel is situated; or\n\t(b)\twhere the parcel is not within the area of a council—\n\t(i)\tif provision is made by the regulations for the land to vest in an authority prescribed by the regulations—vests in that authority; or\n\t(ii)\tin any other case—reverts to the Crown.\n\t(2)\tAll land shown on a deposited plan of community division as a street, road, thoroughfare, reserve or other similar open space that vests in a council or other authority or reverts to the Crown under this section—\n\t(a)\tmust be held for the purposes indicated by the plan; and\n\t(b)\tis subject to such easements (excluding rights-of-way in the case of a street, road or thoroughfare) as are indicated on the plan; and\n\t(c)\tis free of all other estates and interests.\n\t(3)\tAll land shown on a deposited plan of community division as a street, road, or thoroughfare that vests in a council or other authority or reverts to the Crown under this section will, for all purposes, be regarded as a public street, road, or thoroughfare.\n\t(4)\tCompensation is not payable in respect of the vesting or reversion of land under this section.\n\t(5)\tAn easement that is appurtenant to land shown on a deposited plan of community division as a street, road, thoroughfare, reserve or other similar open space that vests in a council or other authority or reverts to the Crown under this section ceases to be appurtenant to that land upon deposit of the plan in the Lands Titles Registration Office unless the plan shows that the easement will remain appurtenant to that land.\n27—Encroachments\n\t(1)\tIf it appears from a community plan that any part of a building encroaches over land not included in the community parcel, the plan can only be deposited if—\n\t(a)\tno part of a lot to be created by the plan forms part of the encroachment; and\n\t(b)\t—\n\t(i)\tthe encroachment is over land vested in, or under the control or management of, a council and the council consents to the encroachment; or\n\t(ii)\tthe encroachment consists of the protrusion of footings, or footings and associated structures of a nature prescribed by regulation, by not more than the distance prescribed by regulation beyond the boundaries of the parcel, and the owner of the land over which the encroachment occurs consents to the encroachment; or\n\t(iii)\tit is established to the Registrar-General's satisfaction that the encroachment is otherwise authorised by law.\n\t(2)\tWhere an application affected by an encroachment is granted by the Registrar-General—\n\t(a)\tthe Registrar-General will, on the deposit of the plan, enter the encroachment on any relevant certificate of title or on any relevant instrument registered in the General Registry Office; and\n\t(b)\tany consent given in relation to the encroachment is binding on present and subsequent owners and occupiers of the land.\n","sortOrder":5},{"sectionNumber":"Div 4","sectionType":"division","heading":"Common property","content":"Division 4—Common property\n28—Common property\n\t(1)\tThe common property created by a community plan comprises—\n\t(a)\tthose parts of the community parcel that do not comprise or form part of a lot; and\n\t(b)\tthe service infrastructure (except for any part of the service infrastructure that is vested in a Minister of the Crown or other authority or person and the parts of the service infrastructure that provide a service to only one lot); and\n\t(c)\tin the case of a strata plan—those parts of the building that are not part of a lot; and\n\t(d)\tany building that is not for the exclusive use of a lot and was erected before the deposit of the community plan; and\n\t(e)\tany building erected by the developer or the community corporation as part of the common property; and\n\t(f)\tany other building on the community parcel that has been committed to the care of the community corporation as part of the common property.\n\t(2)\tThe common property may be used for any lawful purpose including a commercial purpose.\n\t(3)\tAny income arising from the use of the common property must be paid into the administrative fund or the sinking fund.\n\t(4)\tIf a plan of community division indicates that members of the public have access to the common property, or a part of it, then members of the public are entitled to use the common property, or the relevant part of it, in accordance with the by-laws.\n\t(5)\tDespite any Act or law to the contrary, uninterrupted use by the public of common property under subsection (4) does not vest the public or any local or State government authority any rights in respect of the common property.\n29—Vesting of the common property\n\t(1)\tThe common property of a community parcel is vested in fee simple as tenants in common in the owners for the time being of the community lots in shares proportionate to the lot entitlements of their respective lots.\n\t(2)\tIf a primary parcel has been divided into primary and secondary lots or primary, secondary and tertiary lots, the common property of the primary parcel is vested in fee simple as tenants in common in the owners for the time being of the primary and secondary lots or the primary, secondary and tertiary lots in shares proportionate to the lot entitlements of their respective lots.\n\t(3)\tIf a secondary parcel has been divided into secondary and tertiary lots, the common property of the secondary parcel is vested in fee simple as tenants in common in the owners for the time being of the secondary and tertiary lots in shares proportionate to the lot entitlements of their respective lots.\n\t(4)\tAn owner's interest in a lot is inseparable from his or her interest in the common property and accordingly—\n\t(a)\ta dealing affecting the lot affects, without express reference, the interest in the common property in the same manner and to the same extent; and\n\t(b)\tthe owner of a lot cannot separately deal with or dispose of the interest in the common property.\n\t(5)\tIf the community corporation is authorised by or under this Act to enter into a transaction affecting the common property, it may enter into the transaction and execute documents related to the transaction, in its own name, as if it were the owner of an estate in fee simple in the common property.\n\t(6)\tA community corporation may sue and be sued for rights and liabilities related to the common property as if it were the owner and occupier of the common property.\n","sortOrder":6},{"sectionNumber":"Part 4","sectionType":"part","heading":"The scheme description","content":"Part 4—The scheme description\n30—Scheme description\n\t(1)\tA scheme description must—\n\t(a)\tbe in a form approved by the Registrar-General; and\n\t(b)\tidentify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n\t(c)\tdescribe the purpose or purposes for which the lots and common property may be used; and\n\t(d)\tspecify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n\t(e)\tif the scheme is to be completed in stages—\n\t(i)\tidentify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n\t(ii)\tprovide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n\t(iii)\tstate the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n\t(f)\tif the owner or owners of one or more of the community lots is to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n\t(g)\tif the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n\t(h)\tif the division or other development of the land pursuant to the scheme is subject to conditions imposed by the relevant development authority when granting its consent or imposed by the Planning, Development and Infrastructure Act 2016 or by regulations under that Act—set out those conditions in full; and\n\t(i)\tset out any other important features of the scheme; and\n\t(ia)\tbe endorsed with a certificate in the form prescribed by regulation from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n\t(j)\tinclude any other information required by the regulations.\n\t(2)\tThe scheme description of a secondary scheme must not be inconsistent with the scheme description or the by-laws of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the by-laws of the secondary or primary scheme.\n\t(3)\tA scheme description should be written as clearly as possible and should not include any unnecessary detail.\n\t(4)\tBefore endorsing a scheme description, the relevant development authority may require modifications to it—\n\t(a)\tto add any information that is necessary or desirable in the opinion of the development authority; or\n\t(b)\tto clarify any part of the description; or\n\t(c)\tto remove any unnecessary detail.\n31—Amendment of scheme description\n\t(1)\tThe scheme description of a community scheme may be amended by unanimous resolution of the community corporation but only if consistency is maintained—\n\t(a)\twith the plan of community division, the by-laws and the development contract or contracts (if any) of the community scheme; and\n\t(b)\twhere the scheme description relates to a primary scheme and a primary lot is divided by a secondary plan—with the scheme description, the by-laws and the development contract or contracts (if any) of the secondary scheme and if a secondary lot created by the secondary plan is divided by a tertiary plan, the scheme description, the by-laws and the development contract or contracts (if any) of the tertiary scheme; and\n\t(c)\twhere the scheme description relates to a secondary scheme and a secondary lot is divided by a tertiary plan—with the scheme description, the by-laws and the development contract or contracts (if any) of the tertiary scheme.1\n\t(2)\tThe community corporation must lodge a copy of the scheme description as amended (certified in accordance with the regulations) with the Registrar-General.\n\t(3)\tThe certified copy must—\n\t(a)\tbe endorsed by the relevant development authority; and\n\t(ab)\tbe endorsed with a certificate, in the form prescribed by regulation, from the person who prepared the amended scheme description or an officer of the community corporation certifying that the amended scheme description has been correctly prepared in accordance with this Act; and\n\t(b)\tbe accompanied by the fee prescribed by regulation.\n\t(4)\tThe corporation must provide evidence to the satisfaction of the Registrar-General that the amendment was made by a unanimous resolution of the corporation.\n\t(5)\tThe amendment comes into force when a certified copy of the scheme description as amended is filed with the deposited plan of community division by the Registrar-General.\n1\tThe scheme description is based on the plan of community division and the by-laws and development contracts must conform with the scheme description. It may be necessary, therefore, to amend the plan, the by-laws or a development contract when amending the scheme description.\n32—Persons whose consents are required\n\t(1)\tThe corporation must provide evidence to the satisfaction of the Registrar-General that the following persons have given their consent to the amendment—\n\t(a)\ta person who is the owner of a community lot at the relevant time but who did not have the opportunity of voting against the resolution of the corporation amending the scheme description because he or she was not then a member of the corporation; and\n\t(b)\tthe prospective owner at the relevant time of a community lot; and\n\t(c)\tthe owner or prospective owner at the relevant time of a development lot; and\n\t(d)\ta registered mortgagee or prospective mortgagee and a registered lessee or prospective lessee at the relevant time of a community lot or development lot; and\n\t(e)\tthe owner or prospective owner at the relevant time of a development lot in a secondary or tertiary scheme that comprises part of the community scheme to which the scheme description relates; and\n\t(f)\tthe persons referred to in subsection (2).\n\t(2)\tThe consents of the following persons are required—\n\t(a)\twhere the corporation is a primary corporation and a primary lot is divided by a secondary plan—\n\t(i)\ta person who is the owner of a secondary lot at the relevant time but who did not have the opportunity of voting against the proposed amendment to the scheme description because he or she was not then a member of the secondary corporation; and\n\t(ii)\tthe prospective owner at the relevant time of a secondary lot; and\n\t(iii)\ta registered mortgagee or prospective mortgagee and a registered lessee or prospective lessee at the relevant time of a secondary lot or development lot; and\n\t(b)\twhere the corporation is a primary corporation and a primary lot is divided by a secondary plan and a secondary lot created by that plan is divided by a tertiary plan or where the corporation is a secondary corporation and a secondary lot is divided by a tertiary plan—\n\t(i)\ta person who is the owner of a tertiary lot at the relevant time but who did not have the opportunity of voting against the proposed amendment to the scheme description because he or she was not then a member of the tertiary corporation; and\n\t(ii)\tthe prospective owner at the relevant time of a tertiary lot; and\n\t(iii)\ta registered mortgagee or prospective mortgagee and a registered lessee or prospective lessee at the relevant time of a tertiary lot or development lot.\n\t(3)\tThe consent of the owner, mortgagee or lessee of a lot is not required under this section if before the relevant time an instrument had been presented for registration at the Lands Titles Registration Office on the registration of which that person would cease to be the owner, mortgagee or lessee of the lot.\nprospective lessee means the lessee under a lease that has been presented for registration at the Lands Titles Registration Office but has not been registered;\nprospective mortgagee means the mortgagee under a mortgage that has been presented for registration at the Lands Titles Registration Office but has not been registered;\nprospective owner in relation to a lot means the person who will be the owner of the lot on registration of a transfer that has been presented for registration at the Lands Titles Registration Office but has not been registered;\nthe relevant time means the time at which the certified copy of the scheme description as amended is lodged by the community corporation with the Registrar-General.\n33—Amended copy of scheme description to be filed\nIf the requirements of this Part are satisfied, the Registrar-General must file the certified copy of the scheme description as amended with the deposited plan of community division in substitution for the scheme description previously filed with the plan.\n","sortOrder":7},{"sectionNumber":"Part 5","sectionType":"part","heading":"By-laws","content":"Part 5—By-laws\n34—By-laws\n\t(1)\tThe first by-laws of a community scheme are the by-laws filed with the community plan by the Registrar-General when depositing the plan in the Lands Titles Registration Office.\n\t(2)\tThe by-laws of a community scheme must—\n\t(a)\tbe in a form approved by the Registrar-General; and\n\t(b)\tprovide for the administration, management and control of the common property; and\n\t(c)\tregulate the use and enjoyment of the common property; and\n\t(d)\tregulate the use and enjoyment of the community lots to the extent necessary to give effect to the scheme description; and\n\t(e)\tbe endorsed with a certificate, in the form prescribed by regulation, from the person who prepared the by‑laws certifying that the by‑laws have been correctly prepared in accordance with this Act.\n\t(3)\tA by-law may also—\n\t(a)\tregulate—\n\t(i)\tthe position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n\t(ii)\tthe maintenance and repair of buildings or other improvements on community lots; or\n\t(iii)\tlandscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n\t(b)\timpose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n\t(c)\tregulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots; or\n\t(ca)\tauthorise or require the community corporation to act as agent for the owners of community lots in arranging policies of insurance; or\n\t(d)\tregulate such other matters as are permitted by this Act to be regulated by by‑laws; or\n\t(e)\timpose a penalty, not exceeding the prescribed amount, for contravention of, or failure to comply with, a by-law.\n\t(4)\tA by-law may confer discretionary powers on the community corporation or any other person.\n\t(5)\tA by-law may apply to a particular lot or lots, to a class or classes of lots, or to lots generally.\n\t(6)\tThe following provisions apply in relation to a penalty imposed on a person for contravention of, or failure to comply with, a by‑law:\n\t(a)\tthe penalty is (despite section 29 of the Acts Interpretation Act 1915) payable to the community corporation in accordance with this subsection;\n\t(b)\tsubject to the making of an application under paragraph (e), the penalty is payable by the person on the date specified for payment in a notice served by the corporation on the person;\n\t(c)\tthe notice must—\n\t(i)\tbe in writing in the form prescribed by regulation; and\n\t(ii)\tspecify the amount of the penalty payable and a date for payment (being not less than 60 days after the notice is served);\n\t(d)\tthe penalty payable under the notice is recoverable by the community corporation as a debt and, in the case of a notice served on the owner of a community lot, may be recovered by the community corporation as if it were a contribution payable to the community corporation under section 114 (and interest will be payable on the penalty amount in the same way as if it were such a contribution);\n\t(e)\tthe person may, within 60 days after service of the notice, apply to the Magistrates Court for revocation of the notice and the Court must grant the application if either—\n\t(i)\tthe Court is not satisfied that the person committed the contravention or failure alleged in the notice; or\n\t(ii)\tthe Court is satisfied that the contravention or failure alleged in the notice is trifling;\n\t(f)\tthe community corporation is a party to an application under paragraph (e) and bears the onus of proving, on the balance of probabilities, that the person committed the contravention or failure alleged in the notice;\n\t(g)\tif an application is made in accordance with paragraph (e), the penalty specified in the notice is not payable unless the application for revocation is withdrawn or otherwise discontinued by the applicant or is dismissed or refused by the Court (and, in such a case, the penalty will be payable on the date on which the application is so withdrawn, discontinued, dismissed or refused or on the date for payment specified in the notice, whichever occurs later).\n\t(7)\tA person's contravention of, or failure to comply with, by‑laws will, for the purposes of this section, be regarded as trifling if, and only if, the person establishes that the circumstances surrounding the commission of the contravention or failure were such that he or she ought to be excused from the imposition of a penalty on the ground that—\n\t(a)\tthere were compelling humanitarian or safety reasons for the conduct that allegedly constituted the contravention or failure; or\n\t(b)\tthe person could not, in all the circumstances, reasonably have averted committing the contravention or failure; or\n\t(c)\tthe conduct allegedly constituting the contravention or failure was merely a technical, trivial or petty instance of a contravention of or failure to comply with the relevant by‑laws.\n\t(8)\tThe regulations may make further provision in relation to the enforcement of by‑laws.\n\t(9)\tIn this section—\nprescribed amount, in relation to a penalty imposed under by‑laws of a community scheme, means—\n\t(a)\tif the community scheme only includes lots that are used, or are intended to be used, solely or predominantly for business or commercial purposes—$2 000; or\n\t(b)\tin any other case—$500.\n35—By-laws may exempt corporation from certain provisions of Act\n\t(1)\tThe by-laws of a community scheme that does not include more than two community lots may exempt the community corporation from one or more of the following requirements of the Act—\n\t(a)\tthe requirement to hold annual general meetings (except the first statutory general meeting);\n\t(b)\tthe requirement to prepare accounting records of the corporation's receipts and expenditure and to prepare an annual statement of accounts;\n\t(c)\tthe requirement to have the annual statement of accounts audited;\n\t(d)\tthe requirement to establish administrative and sinking funds;\n\t(e)\tthe requirement to maintain a register of the names of the owners of the community lots.\n\t(2)\tThe by-laws of a community scheme that does not include more than three community lots may exempt the community corporation from the requirement to maintain a register of the names of the owners of the community lots.\n36—By-law as to the exclusive use of part of the common property\n\t(1)\tA by-law may confer on the occupier for the time being of a community lot (or the occupiers of a group of lots) the exclusive right to use a specified part of the common property for the purpose or purposes stated in the by-law.\n\t(2)\tWhere the owner of the lot is—\n\t(a)\ta secondary corporation, the by-law will, subject to any restriction or limitation expressed in the by-law, operate for the benefit of the occupiers of the secondary lots; and\n\t(b)\ta tertiary corporation, the by-law will, subject to any restriction or limitation expressed in the by-law, operate for the benefit of the occupiers of the tertiary lots.\n\t(3)\tThe by-law—\n\t(a)\tmay impose conditions in relation to the use of that part of the common property; and\n\t(b)\tmay impose requirements on the owner or occupier of the lot; and\n\t(c)\twithout limiting paragraph (b), may require the owner of the lot to pay a fee (whether periodically or not) to the community corporation or to the owner or owners of another lot or lots.\n\t(4)\tThe occupier cannot erect a building or install a fixture on the part of the common property of which he or she has exclusive use or alter that part of the common property in any other way without the approval of a special resolution of the corporation.\n\t(5)\tA community corporation cannot make a by-law under this section without the written consent of the owner of the lot (or the owners of the group of lots) to which it relates.\n\t(6)\tThe benefits of a by-law under this section apply for the benefit of subsequent occupiers of the lot or lots concerned and the obligations imposed by a by-law under this section attach to subsequent owners and occupiers of the lot or lots concerned.\n\t(7)\tThe fee referred to in subsection (3)(c) may be recovered as a debt and the owner of the lot when the fee became payable and the succeeding owners of the lot are jointly and severally liable for payment of the fee.\n37—Restrictions on making of by-laws\n\t(1)\tSubject to subsection (2), a by-law cannot—\n\t(a)\tprohibit or restrict the transfer, transmission, leasing (including the granting of a right of occupation) or mortgaging of, or other dealing with, a lot; or\n\t(b)\timpose a monetary obligation on the owner or occupier of a lot except where the by-law provides for the exclusive use of part of the common property; or\n\t(c)\tprevent access by the owner or occupier or other person to a lot; or\n\t(d)\tprevent an occupier of a lot who has a disability from keeping a relevant animal on the lot or restrict the use of a relevant animal by the occupier if the relevant animal is trained to assist the occupier in respect of the disability; or\n\t(e)\tprevent a visitor to the community parcel who has a disability from using a relevant animal trained to assist the visitor in respect of the disability.\n\t(2)\tA by-law may—\n\t(a)\tprohibit or restrict the owner of a lot from leasing or granting rights of occupation in respect of the lot for valuable consideration for a period of less than 2 months; or\n\t(b)\timpose a monetary obligation on the owner of a lot in relation to the payment of an insurance premium, where the by‑laws authorise or require the community corporation to act as agent for the owner in arranging the policy of insurance.\n\t(3)\tIn this section—\nassistance animal has the same meaning as in the Equal Opportunity Act 1984;\nrelevant animal means an assistance animal or a therapeutic animal;\ntherapeutic animal has the same meaning as in section 88A of the Equal Opportunity Act 1984.\n38—Certain by-laws may be struck out by Court\n\t(1)\tA by-law that—\n\t(a)\treduces the value of a lot; or\n\t(b)\tunfairly discriminates against the owner of a lot,\nmay be struck out by order of the Magistrates Court or the District Court on an application made under Part 14.\n\t(2)\tAn application referred to in subsection (1) can only be made by a person who was an owner of the lot when the by‑law came into force and must be made within 3 months after the person (or either or any of the owners where the lot is owned by 2 or more persons) first knew, or could reasonably be expected to have known, that the by‑law had been made.\n\t(3)\tFor the purposes of this section, a reference to an owner of a lot includes a person who has contracted to purchase the lot.\n39—Variation of by-laws\n\t(1)\tSubject to section 87(2), by-laws may be varied by special resolution of the community corporation.\n\t(2)\tWithin 14 days after the passing of a resolution varying the by-laws or the making of an order by a court varying a by-law, the corporation must lodge with the Registrar‑General—\n\t(a)\ta copy of the by-laws as varied; and\n\t(b)\ta copy of the resolution or order; and\n\t(c)\tthe fee prescribed by regulation.\n\t(3)\tThe Registrar-General may extend the period for lodgement in the case of variation of the by-laws by a court order but not in the case of variation by resolution.\n\t(4)\tIn the case of variation of the by-laws by resolution, the corporation must provide evidence to the satisfaction of the Registrar-General that the variation was made by a special resolution of the corporation.\n\t(5)\tCopies of the resolution and the by-laws as varied must be certified in accordance with the regulations.\n\t(5a)\tThe certified copy of the by‑laws must be endorsed with a certificate, in the form prescribed by regulation, from the person who prepared the by‑laws or an officer of the community corporation certifying that the by‑laws have been correctly prepared in accordance with this Act.\n\t(6)\tIf the requirements of this Part are satisfied, the Registrar-General must file the certified copy of the by-laws with the plan of community division in substitution for the copy previously filed with the plan.\n\t(7)\tIf a community corporation fails to comply with the requirements of this section in relation to the variation of the by-laws by a court order, a member of the corporation may comply with them on its behalf.\n40—Date of operation of by-laws\n\t(1)\tThe first by-laws of a community corporation come into operation when the plan of community division is deposited in the Lands Titles Registration Office.\n\t(2)\tA resolution or court order varying by-laws comes into operation when the certified copy of the by-laws as varied is filed with the community plan by the Registrar‑General.\n41—Invalidity of by-laws\n\t(1)\tSubject to this section, by-laws are invalid to the extent to which they are inconsistent with—\n\t(a)\tthis Act or any other Act or subordinate legislation made under this or any other Act; or\n\t(b)\tthe scheme description filed with the community plan; or\n\t(c)\ta development contract filed with the community plan; or\n\t(d)\ta development contract of a secondary or tertiary scheme that comprises part of the community scheme to which the by-laws relate; or\n\t(e)\tin the case of the by-laws of a secondary scheme—\n\t(i)\tthe scheme description of the primary scheme; or\n\t(ii)\tthe by-laws of the primary scheme; or\n\t(f)\tin the case of the by-laws of a tertiary scheme—\n\t(i)\tthe scheme descriptions of the primary or secondary scheme; or\n\t(ii)\tthe by-laws of the primary or secondary scheme.\n\t(2)\tA by-law will be taken to be inconsistent with a scheme description, the by-laws of another scheme or a development contract if, and only if, there are no circumstances in which the by-law can operate consistently with the scheme description, by-laws or development contract.1\n1\tFor instance if the scheme description provides that the community lots will be used for residential purposes without specifying the kinds of residential use, the by-laws may prohibit some kinds of residential use such as flats or boarding house accommodation but cannot prohibit all kinds of residential use.\n42—Application of council by-laws\nThe by-laws of a council that apply to, or in relation to, an act or activity in a public place but not on private property do not apply in those parts of a community parcel to which members of the public have access and a scheme by-law is not invalid for inconsistency with such a council by-law.\n43—Persons bound by by-laws\n\t(1)\tThe following persons are bound by the by-laws of a community scheme—\n\t(a)\tthe community corporation;\n\t(b)\tthe owners and occupiers of the community lots and the development lot or lots (if any) comprising the scheme;\n\t(c)\tpersons entering the community parcel.\n\t(2)\tIf the by-laws are the by-laws of a primary scheme and a primary lot is divided by a secondary plan or a primary lot is divided by a secondary plan and a lot created by that plan is divided by a tertiary plan, the following persons are also bound by the by‑laws—\n\t(a)\tthe secondary corporation and (where applicable) the tertiary corporation;\n\t(b)\tthe owners and occupiers of the community lots and the development lots (if any) created by the secondary plan and (where applicable) the tertiary plan.\n\t(3)\tIf the by-laws are the by-laws of a secondary scheme and a secondary lot is divided by a tertiary plan, the tertiary corporation and the owners and occupiers of the community lots and the development lots (if any) created by the tertiary plan are also bound by the by-laws.\n44—Availability of copies of by-laws\n\t(1)\tA community corporation must make up-to-date copies of the by-laws available for inspection or purchase by—\n\t(a)\towners and occupiers of lots and (where applicable) of secondary and tertiary lots; and\n\t(b)\tpersons considering purchasing a lot referred to in paragraph (a) or entering into any other transaction in relation to such a lot.\n\t(2)\tThe inspection of by-laws must be free of charge and a fee charged for the purchase of by-laws must not exceed the fee prescribed by regulation.\n\t(3)\tThe Registrar-General must make copies of by-laws filed with plans of community division available for purchase by members of the public at the fee prescribed by regulation.\n45—By-laws need not be laid before Parliament or published in Gazette\nSections 10 and 11 of the Subordinate Legislation Act 1978 do not apply to by-laws under this Part.\n","sortOrder":8},{"sectionNumber":"Part 6","sectionType":"part","heading":"Development contracts","content":"Part 6—Development contracts\n46—Interpretation\nIn this Part—\ndeveloper includes—\n\t(a)\tin respect of the period before a plan of community division is deposited in the Lands Titles Registration Office—the person who will, on deposit of the plan, be the owner of a lot to which a proposed development contract will relate;\n\t(b)\tin respect of the period after the plan of community division is deposited—the owner of a lot to which a development contract relates.\n47—Development contracts\n\t(1)\tThe purpose of a development contract is—\n\t(a)\tto place a developer under a binding obligation to do one or both of the following—\n\t(i)\tto develop a development lot;\n\t(ii)\tto develop the common property, or a part of the common property,\nin accordance with the scheme description; or\n\t(b)\tto place a developer under a binding obligation to develop a community lot in accordance with the scheme description.\n\t(2)\tA development contract must—\n\t(a)\tbe in a form approved by the Registrar-General and be executed by the developer in a manner approved by the Registrar-General; and\n\t(b)\tidentify the land to be developed; and\n\t(c)\tset out the developer's obligations for the implementation of the scheme description in relation to the development of the land concerned; and\n\t(d)\tstate whether development authorisation under the Planning, Development and Infrastructure Act 2016 will need to be obtained before development in accordance with the contract can proceed; and\n\t(e)\tinclude an undertaking by the developer that he or she will interfere as little as is reasonably practicable with the use and enjoyment of the lots and common property in the course of performing his or her obligations under the contract; and\n\t(f)\tinclude an undertaking by the developer to repair, or to pay the costs of repairing, any damage caused by the developer to the common property or to a lot or to any building or other improvement on the common property or a lot; and\n\t(g)\tif the developer is to be under an obligation to apply for division under this Act of a development or community lot—include a plan delineating the boundaries of the lot to be divided that indicates, as far as possible, the likely position of the lots and the common property (if any) into which it is to be divided (if no decision has been made as to the position of the lots and common property the contract must include a statement to that effect instead of the plan required by this paragraph); and\n\t(h)\tset out the means by which the developer will obtain access to the development lot, common property or community lot and the part or parts of the community parcel that the developer will need to occupy or have access to; and\n\t(i)\tset out the obligations (if any) of the community corporation and owners and occupiers of lots;1 and\n\t(j)\tstate the days on which and the hours during which the developer may carry out building and landscaping work and perform the other obligations under the contract; and\n\t(k)\tstate the time for fulfilment by the developer of his or her obligations under the contract; and\n\t(ka)\tbe endorsed with a certificate, in the form prescribed by regulation, from the person who prepared the development contracts certifying that the development contracts have been correctly prepared in accordance with this Act; and\n\t(l)\tinclude any other provisions required by the regulations.\n\t(3)\tWhere the developer's obligations under a contract include the construction or erection of a building or other facility, the contract must specify the position of the building or facility and include a brief description of the design, dimensions, methods and materials of construction and external appearance of the building or facility and a pictorial representation of the appearance of the building or facility after completion.\n\t(4)\tWhere the developer's obligations under a contract include landscaping, the contract must identify the area to be landscaped, briefly describe the nature of the landscaping and include a plan of the area showing the design of the proposed landscaping.\n\t(5)\tA development contract may specify the standard to which the developer will perform the work required by the contract and the standard of the materials to be used but if the contract does not specify those standards it will be a term of the contract that the developer will perform the work required by the contract to the highest standard using materials of the highest standard.\n\t(6)\tThe regulations may require a developer to provide security of a specified kind to a community corporation in accordance with the regulations in relation to the developer's obligations under the development contract.\n1\tThe obligations of a corporation or the owner or occupier of a lot will normally be confined to providing access to, or allowing occupation of, various parts of the community parcel by the developer for the purpose of fulfilling obligations under the contract.\n48—Consistency of development contract with scheme description and by-laws\n\t(1)\tA development contract must not be inconsistent with the scheme description and the by-laws of the community scheme of which it forms part.\n\t(2)\tA development contract for a secondary scheme must not be inconsistent with the scheme description and the by-laws of the primary scheme.\n\t(3)\tA development contract for a tertiary scheme must not be inconsistent with the scheme descriptions and the by-laws of the primary or secondary schemes.\n49—Enforcement of development contract\n\t(1)\tA development contract will be taken to be a contract made by the following persons:\n\t(a)\tthe developer; and\n\t(b)\tif the contract relates to a development lot or a community lot—each subsequent owner of the lot to the extent that it relates to that lot; and\n\t(c)\tthe community corporation; and\n\t(d)\tthe owners and occupiers of the community lots; and\n\t(e)\tthe owner of the other development lot or lots (if any); and\n\t(f)\tif the plan to which the contract relates has been amalgamated with another plan under Part 7 Division 2—the community corporation created on deposit of the amalgamated plan and the owners and occupiers of the community lots shown on that plan; and\n\t(g)\tif the scheme is a primary scheme and a primary lot is divided by a secondary plan—\n\t(i)\tthe secondary corporation; and\n\t(ii)\tthe owners and occupiers of the secondary lots; and\n\t(iii)\tthe owner of a development lot (if any) in the secondary scheme; and\n\t(iv)\tif a secondary lot created by the plan is divided by a tertiary plan—the tertiary corporation, the owners and occupiers of the tertiary lots and the owner of a development lot (if any) in the tertiary scheme; and\n\t(h)\tif the scheme is a secondary scheme and a secondary lot is divided by a tertiary plan—\n\t(i)\tthe tertiary corporation; and\n\t(ii)\tthe owners and occupiers of the tertiary lots; and\n\t(iii)\tthe owner of a development lot (if any) in the tertiary scheme.\n\t(2)\tA community corporation or an owner or occupier of a lot who is, by virtue of subsection (1), a party to a development contract is entitled to take proceedings for its enforcement (including damages for breach of the contract) in the Magistrates Court against—\n\t(a)\tthe developer; and\n\t(b)\tif the contract is for the development of a development lot or a community lot—the subsequent owner or owners (if any) of the lot,\neven though no obligations attach to the corporation, owner and occupier under the contract.\n\t(2a)\tThe Magistrates Court may, on the application of a party to proceedings under subsection (2), transfer the proceedings to the District Court if satisfied that it is appropriate to do so because of the complexity or significance of the matter.\n\t(2b)\tA court may, on its own initiative or on an application by a party to the proceedings—\n\t(a)\ttransfer an application under this section to the Supreme Court on the ground that the application raises a matter of general importance; or\n\t(b)\tstate a question of law for the opinion of the Supreme Court.\n\t(3)\tDespite any other provision of this section, a person who is the owner of a development lot or a community lot by virtue of being a mortgagee in possession of the lot is not bound by a development contract relating to the lot unless he or she—\n\t(a)\tbecomes the registered proprietor of the lot on foreclosure; or\n\t(b)\tremains in possession of the lot for a period of 12 months and, in that event, he or she will be bound by the contract from the end of that period.\n50—Variation or termination of development contract\n\t(1)\tA development contract may be varied or terminated by agreement between the developer (or the developer's successor in title) and the community corporation but only if—\n\t(a)\tin the case of variation—the contract as varied would not be inconsistent with a scheme description or by-laws referred to in section 48; or\n\t(b)\tin the case of termination—termination of the contract would not be inconsistent with a scheme description referred to in section 48.\n\t(2)\tThe community corporation's agreement must be authorised by a special resolution of its members.\n\t(3)\tAn agreement to vary a development contract comes into force when the Registrar‑General files a certified copy of the development contract as varied with the deposited plan of community division.\n\t(4)\tAn agreement to terminate a development contract comes into force when the Registrar-General files a certified copy of the agreement with the deposited plan.\n\t(5)\tWithin 14 days after the passing of a resolution authorising the agreement, the community corporation must lodge with the Registrar-General a certified copy of the contract as varied or a certified copy of the agreement to terminate the contract.\n\t(6)\tThe period for lodgement cannot be extended by the Registrar-General.\n\t(7)\tThe certified copy must—\n\t(a)\tbe endorsed with a certificate, in the form prescribed by regulation, from the person who prepared the development contract or an officer of the community corporation certifying that the development contract has been correctly prepared in accordance with this Act; and\n\t(b)\tbe accompanied by the fee prescribed by regulation.\n\t(8)\tThe corporation must provide evidence to the satisfaction of the Registrar-General that the variation or termination of the contract was authorised by a special resolution of the corporation.\n\t(9)\tIf the requirements of this Part are satisfied, the Registrar-General must—\n\t(a)\tin the case of variation—file the certified copy of the contract as varied with the plan of community division in substitution for the copy previously filed with the plan;\n\t(b)\tin the case of termination—file the certified copy of the agreement to terminate the contract with the plan and rule a line diagonally across each page of the contract filed with the plan and endorse it prominently with the word \"Terminated\".\n\t(10)\tCopies of the contract as varied, or the agreement to terminate must be certified in accordance with the regulations.\n51—Inspection and purchase of copies of contract\n\t(1)\tA community corporation must make an up-to-date copy of a development contract that is in force and that relates to a lot or the common property available for inspection or purchase by owners of lots and (where applicable) of secondary and tertiary lots.\n\t(2)\tThe inspection of a contract must be free of charge and a fee charged for purchase of a copy of the contract must not exceed the fee prescribed by regulation.\n\t(3)\tThe Registrar-General must make copies of development contracts filed with plans of community division available for purchase by members of the public at the fee prescribed by regulation.\n","sortOrder":9},{"sectionNumber":"Part 7","sectionType":"part","heading":"Amendment, amalgamation and cancellation of plans","content":"Part 7—Amendment, amalgamation and cancellation of plans\nDivision 1—Amendment of community plans\n52—Application for amendment\n\t(1)\tAn application for the amendment of a deposited community plan—\n\t(a)\tmay be made by—\n\t(i)\tthe community corporation; or\n\t(ii)\tsubject to subsection (1a), the owners of all community lots that will be affected by the amendment; and\n\t(b)\tmust be in a form approved by the Registrar‑General.\n\t(1a)\tAn application for the amendment of a deposited community plan may only be made by the owners of all community lots that will be affected by the amendment if the amendment—\n\t(a)\tdoes not affect any common property; and\n\t(b)\tdoes not alter the total number of community lots in the community parcel; and\n\t(c)\tdoes not affect the aggregate of the lot entitlements of the community lots affected by the amendment; and\n\t(d)\tdoes not alter the boundaries of the community parcel; and\n\t(e)\tis not contrary to the scheme description or by‑laws or any development contract; and\n\t(f)\tin the case of a secondary plan—is not contrary to the scheme description or by‑laws of the primary scheme; and\n\t(g)\tin the case of a tertiary plan—is not contrary to the scheme description or by‑laws of the primary or secondary scheme.\n\t(2)\tThe applicant or applicants must provide evidence to the satisfaction of the Registrar‑General—\n\t(a)\tthat—\n\t(i)\tin the case of an application made by a community corporation—the application is made in pursuance of a unanimous resolution of the corporation; or\n\t(ii)\tin the case of an application made by the owners of all community lots that will be affected by the amendment—that the community corporation has been notified of the application; and\n\t(b)\tif the boundaries of a community lot or a development lot are affected by the amendment or if a community lot or a development lot is extinguished by the amendment—that the owner of the lot (other than an owner who is an applicant in accordance with subsection (1)(a)(ii)) and a person who holds a registered encumbrance over the lot consent to the amendment; and\n\t(c)\twhere amendment of the plan will operate to vest an estate or interest in land in a person—that that person consents to the application.\n\t(3)\tThe Registrar-General may dispense with the consent under subsection (2)(b) of a person who holds an easement that will not be affected by the amendment of the community plan.\n\t(3a)\tWhere the amendment of a deposited community plan would result in the extinguishment of an easement in respect of part of the dominant land, the consent of a person who has, or claims, an estate or interest in the servient land is not required (unless the Registrar‑General determines otherwise in a particular case) in relation to that extinguishment if rights under the easement continue in existence in respect of some other part of the dominant land.\n\t(4)\tThe application must be accompanied by—\n\t(c)\tif the scheme description will be inaccurate as a result of the amendment—a copy of the scheme description appropriately amended in accordance with Part 4; and\n\t(d)\tif the amendment affects the delineation of lots or common property or creates new lots—a copy of the scheme description (appropriately amended if necessary) endorsed by the relevant development authority; and\n\t(f)\tif the amendment affects the delineation of lots, or common property or any building on the community parcel or creates new lots—\n\t(i)\ta new plan to be substituted for the existing plan or, with the approval of the Registrar-General, a sheet or sheets to be substituted for a sheet or sheets of the deposited plan or to be added to it; and\n\t(ii)\ta certificate from a licensed surveyor in the form prescribed by regulation (which must be endorsed on the plan) certifying that the plan has been correctly prepared to a scale determined by the Registrar‑General in accordance with this Act; and\n\t(g)\tif the amendment affects the relative value of the lots—a new schedule of lot entitlements certified correct by a land valuer; and\n\t(h)\tif the amendment does not affect the relative value of the lots—a certificate from a land valuer to that effect; and\n\t(i)\tsuch other documentary material as the Registrar-General may require.\n\t(5)\tIf the land valuer's certification referred to in subsection (4)(g) or (h) was given more than six months before the application was lodged with the Registrar-General, the Registrar-General may reject the schedule of lot entitlements or the certificate referred to in subsection (4)(h).\n\t(5a)\tIf the amendment affects the delineation of lots or common property or creates new lots, the Registrar‑General must not deal with the application unless satisfied that the certificate from the State Planning Commission required by section 138 of the Planning, Development and Infrastructure Act 2016 has been given, and is in force, in relation to the amendment.\n\t(6)\tThe certificate from the State Planning Commission under section 138 of the Planning, Development and Infrastructure Act 2016 expires at the expiration of one year after the application for amendment of the plan was lodged with the Registrar-General unless the Registrar-General extends the life of the certificate.\n53—Status of application for amendment of plan\n\t(1)\tAn application under section 52 for the amendment of a deposited community plan will, upon being lodged with the Registrar-General, be taken for the purposes of the Real Property Act 1886 to be an instrument presented for registration and will have priority over other instruments in accordance with section 56 of that Act.\n\t(2)\tSubject to subsection (3), an application cannot be withdrawn or amended without the consent of all the persons who have consented to the application.\n\t(3)\tThe Registrar-General may permit an applicant, or a person who has consented to the application, to amend the application in order to comply with this Act or the Real Property Act 1886 or with a requirement of the Registrar-General under this Act or the Real Property Act 1886.\n\t(4)\tThe provisions of the Real Property Act 1886 that apply to, or in relation to, instruments of a particular class will, subject to this Part, apply (with any necessary adaptations or modifications) to, or in relation to, an application for the amendment of a deposited community plan if amendment of the plan by the Registrar-General—\n\t(a)\twould operate to vest in a person under section 55 the same kind of estate or interest as is vested by registration of instruments of that class; or\n\t(b)\twould discharge or otherwise extinguish an estate or interest in land under section 55 of the same kind as is discharged or extinguished by registration of instruments of that class.\n53A—Application may deal with statutory encumbrances\nDespite any other statutory provision to the contrary, the Registrar‑General may treat an application for the amendment of a deposited community plan as if it included an application for the variation or termination of a statutory encumbrance if—\n\t(a)\tthe application specifies that variation or termination of a statutory encumbrance is to be registered or noted; and\n\t(b)\tthe application is accompanied by—\n\t(i)\ta certificate signed by or on behalf of the holder of the statutory encumbrance certifying that the requirements of the Act under which the encumbrance was entered into, or is in force, as to the variation or termination of the statutory encumbrance (if any) have been complied with; and\n\t(ii)\tsuch other documentary material in relation to the statutory encumbrance as the Registrar‑General may require.\n54—Amendment of plan\n\t(1)\tWhere due application is made for the amendment of a deposited community plan, the Registrar-General may amend the plan or substitute a new plan and in either case the Registrar-General must amend or endorse any certificate of title affected by the amendment, or cancel any such certificate and issue a new certificate or new certificates.\n\t(2)\tIf the Registrar-General substitutes a new plan, he or she must ensure that the documents required by this Act to be filed with a deposited plan are filed with the new plan.\n\t(3)\tWhere the amendment affects the delineation of lots or common property to only a minor extent (to be prescribed by regulation) the Registrar-General may dispense with one or more of the following—\n\t(a)\tthe consent of the holder of a registered encumbrance;\n\t(b)\tthe endorsement of the scheme description by the relevant development authority;\n\t(c)\tthe certificate from the State Planning Commission under section 138 of the Planning, Development and Infrastructure Act 2016;\n\t(d)\tthe certificate from a licensed surveyor;\n\t(e)\tthe certificate from a land valuer.\n\t(4)\tSubject to this Division, the provisions of Part 3 apply to, and in relation to, the amendment or substitution of a plan of community division under this Division as if the application for amendment of the plan were an application for division under that Part and the amendment or substitution of the plan were the deposit of the plan as amended in the Lands Titles Registration Office.\n55—Vesting etc of interests on amendment of plan\n\t(1)\tWhere an application under section 52 for the amendment of a deposited community plan states that an estate or interest in land is vested in a person, amendment of the plan by the Registrar-General operates to vest the estate or interest in that person to the extent to which it is not already vested in him or her.\n\t(2)\tAn estate in fee simple will vest in a person under subsection (1) only if—\n\t(a)\tthe person was, immediately before amendment of the plan, the proprietor of an estate or interest in some part, or the whole, of the land, shown on the plan; or\n\t(b)\tthe person is an agent or instrumentality of the Crown or the Commonwealth Crown or is entitled to acquire the land compulsorily under an Act or law of the State or the Commonwealth.\n\t(3)\tWhere an application for the amendment of a deposited community plan states that an estate or interest in land shown on the plan is discharged or otherwise extinguished, whether wholly or in respect of part only of that land, amendment of the plan by the Registrar-General operates to discharge or otherwise extinguish that estate or interest wholly or in respect of that part of the land.\n\t(4)\tWhere amendment of a plan will operate to vest an estate or interest (other than an estate in fee simple or an easement referred to in section 25) in a person, the terms on which the estate or interest will be held must be specified by including them in, or attaching them to, the application or by reference to another registered instrument.\n\t(5)\tWhere the estate or interest that vests on amendment of the plan is an easement, the plan (or another plan referred to in the plan) must delineate the easement and the plan or the application for amendment must specify which land is the dominant land (if any) and which land is the servient land in respect of the easement.\n\t(6)\tWhere duty is payable under the Stamp Duties Act 1923 in relation to two or more transactions that will be effected by the amendment of a plan of community division, each of the transactions will be taken to be effected by a separate instrument for the purpose of assessing duty.\n56—Merging of land on amendment of plan\nSubject to any provision to the contrary in an application for the amendment of a deposited community plan, the following provisions apply where one or more pieces of land are merged upon the amendment of the plan—\n\t(a)\tsubject to paragraph (b), if one of the pieces of land is subject to a registered encumbrance (other than a life estate, a lease or an easement) the whole of the land formed by the merger is subject to the encumbrance;\n\t(b)\tif an encumbrance (other than an easement or statutory encumbrance) is registered over a lot, or part of a lot, that is merged with land that remains common property after, or becomes common property upon, the amendment of the community plan, the encumbrance is discharged in respect of that lot or part lot;\n\t(c)\tif one, but not all, of the pieces of land is subject to a life estate or a lease, the life estate or lease is discharged by the merger in so far as it affects that piece of land.\n57—Alteration of boundaries of primary community parcel\n\t(1)\tThis section applies if a primary plan is to be amended by the inclusion of land from outside the primary parcel or by the removal of land from the primary parcel.\n\t(2)\tIf part but not the whole of an allotment is to be included in the primary parcel or land is to be removed from the parcel, the application under this Division will be taken to be an application for division under Part 19AB of the Real Property Act 1886 as well as being an application under this Division and accordingly—\n\t(a)\tboth this Division and Part 19AB apply to, and in relation to, the application; and\n\t(b)\tif part of an allotment is to be included from outside the parcel, the application must be made jointly by the community corporation and the registered proprietor of the allotment to be divided; and\n\t(c)\tthe Registrar-General may direct that a combined plan or a substituted part or parts of the plan or plans to be amended be lodged with the application.\n\t(3)\tSubsection (2) does not apply where the only transfer of land to or from the parcel is from or to the primary community parcel of another scheme.1\n1\tPieces of land that can be dealt with separately are created by division under Part 19AB of the Real Property Act 1886 (allotments) or by division under this Act (lots). If part of an allotment is to be incorporated into a primary community parcel or part of a primary parcel is to be merged with an allotment, deposit of a plan of division will be required under Part 19AB. If however the only land involved in the alteration of the boundaries of a primary parcel is land that forms part of, or will form part of, another primary parcel, division under Part 19AB is not applicable.\n58—Amendment of plan pursuant to development contract\n\t(1)\tThe registered proprietor of an estate in fee simple in a development lot may apply to the Registrar-General for the division of the development lot in pursuance of the development contract and for the consequential amendment of the community plan.\n\t(2)\tThe application must be in a form approved by the Registrar-General and must include such information as the Registrar-General requires.\n\t(3)\tThe application must be accompanied by—\n\t(b)\ta new plan to be substituted for the existing plan; and\n\t(e)\ta certificate from a licensed surveyor in the form prescribed by regulation (which must be endorsed on the plan) certifying that the plan has been correctly prepared to a scale determined by the Registrar‑General in accordance with this Act; and\n\t(f)\ta certificate from a land valuer in the form prescribed by regulation (which must be endorsed on the schedule of lot entitlements) certifying that the schedule is correct (the Registrar-General may refuse to accept the certificate if given more than six months before the application is lodged); and\n\t(g)\tany instrument, duly executed, that is to be registered on substitution of the plan; and\n\t(h)\tsuch other documentary material as the Registrar-General may require.\n\t(4)\tThe plan—\n\t(a)\tmust be in a form approved by the Registrar-General; and\n\t(b)\tmust divide the development lot in the manner required by the development contract; and\n\t(c)\tmust delineate the boundaries of the land and lots and common property into which the community parcel is divided in a manner that allows those boundaries to be ascertained; and\n\t(d)\tmust designate each lot by a distinguishing number; and\n\t(e)\tmust have annexed to it a schedule of lot entitlements in relation to the lots in a form approved by the Registrar-General; and\n\t(f)\tmust as far as practicable delineate the service infrastructure (but not that part of the service infrastructure within the boundaries of a community lot if it does not provide a service to any other lot or the common property); and\n\t(g)\tmust delineate the streets, roads, thoroughfares, reserves or similar open spaces (if any) that are, or will on amendment of the plan be, vested in a council or prescribed authority or that have reverted or will revert to the Crown; and\n\t(h)\tmust delineate the easements (if any) of a kind referred to in section 25; and\n\t(i)\tmust comply with any requirements stipulated by the Registrar-General.\n\t(4a)\tThe Registrar‑General must not deal with the application unless satisfied that the certificate from the State Planning Commission required by section 138 of the Planning, Development and Infrastructure Act 2016 has been given, and is in force, in relation to the proposed development of the land.\n\t(4b)\tThe certificate from the State Planning Commission under section 138 of the Planning, Development and Infrastructure Act 2016 expires at the expiration of 1 year after the application was lodged with the Registrar‑General unless the Registrar‑General extends the life of the certificate.\n\t(5)\tWhere—\n\t(a)\tthe application is made in accordance with this Act; and\n\t(b)\tthe requirements made by or under this Act in relation to the application have been satisfied; and\n\t(c)\tthe plan conforms with the requirements of this Act,\nthe Registrar-General may substitute the plan for the plan previously deposited and the provisions of this Act relating to the deposit of a plan apply in relation to the plan.\n\t(6)\tThe Registrar-General may permit the applicant to lodge a sheet or sheets to be substituted for a sheet or sheets of the deposited plan or to be added to it instead of lodging a complete plan to be substituted for the existing plan.\n\t(7)\tWhere common property is created by the division of a development lot under this section, the Registrar-General may cancel the certificate of title for the existing common property and issue a new certificate for the existing and newly created common property.\n59—Amendment by order of ERD Court\n\t(1)\tThe ERD Court may, on application under this section, order the amendment of a community plan.\n\t(2)\tAn application may be made under this section by—\n\t(a)\tthe community corporation; or\n\t(b)\tthe owner of a community lot or a development lot; or\n\t(c)\ta person who holds a registered encumbrance over a community lot or a development lot; or\n\t(d)\tin the case of a strata scheme—an insurer of a community lot or any part of the common property.\n\t(3)\tSuch an application may only be made—\n\t(a)\tfor the purpose of correcting an error in the plan; or\n\t(b)\tfor the purpose of varying the lot entitlements of the lots; or\n\t(c)\tin the case of a strata scheme—for the purpose of achieving amendments that have become desirable in view of damage to buildings within the strata scheme; or\n\t(d)\tfor the purpose of achieving any other amendments that are desirable in the circumstances of a particular case.\n\t(3a)\tIf it appears to the Court that the proposed amendment of the community plan could adversely affect a person who is not a party to the proceedings, the Court should not order the amendment unless the Court is satisfied that the person has been notified of the possibility that such an order could be made and has been given a reasonable opportunity to make submissions to the Court in relation to the matter.\n\t(3b)\tIn determining an application under this section the Court must have regard to the matters (if any) prescribed by regulation.\n\t(4)\tThe ERD Court may, on an application under this section, make one or more of the following orders—\n\t(a)\tan order for amendment of the community plan;\n\t(b)\tif the plan is a primary or secondary plan—an order for amendment of a secondary or tertiary plan (if any) that divides a primary or secondary lot;\n\t(c)\tany further orders that may be necessary to achieve justice between those affected by the amendment;\n\t(d)\tincidental or ancillary orders.\n\t(5)\tWhere an order for the amendment of a community plan is made, the Registrar-General must, on lodgement of a copy of the order and any other documentary material the Registrar-General requires, amend the plan in accordance with the order.\nDivision 2—Amalgamation of community plans\n60—Amalgamation of plans\n\t(1)\tTwo or more deposited community plans may be amalgamated to form a single community plan under this division subject to the following restrictions—\n\t(a)\ta primary plan can only be amalgamated with another primary plan and then only if the primary parcels are contiguous;\n\t(b)\ta secondary plan can only be amalgamated with another secondary plan and then only if both the secondary parcels form part of the same primary scheme;1\n\t(c)\ta tertiary plan can only be amalgamated with another tertiary plan and then only if both the tertiary parcels form part of the same secondary scheme;1\n\t(d)\ta strata plan can only be amalgamated with another strata plan.1\n\t(2)\tAn application for amalgamation must be made jointly by the community corporations affected by the proposed amalgamation in a form approved by the Registrar-General.\n\t(3)\tThe application must be accompanied by—\n\t(c)\ta plan of community division prepared in accordance with this Act that divides the new community parcel into the same lots and common property as the plans that it replaces; and\n\t(d)\ta scheme description of the combined scheme that is consistent with the scheme descriptions of the constituent schemes and is endorsed by the relevant development authority; and\n\t(e)\tthe by-laws for the new scheme authorised by a unanimous resolution of each applicant corporation; and\n\t(f)\ta certificate from a licensed surveyor in the form prescribed by regulation (which must be endorsed on the plan) certifying that the plan has been correctly prepared to a scale determined by the Registrar‑General in accordance with this Act; and\n\t(g)\ta certificate from a land valuer in the form prescribed by regulation certifying that the schedule of lot entitlements annexed to the new community plan is correct (the Registrar-General may refuse to accept the certificate if given more than six months before the application is lodged); and\n\t(h)\twhere consequential amendments to a primary or secondary plan will be required—such plans or parts of plans as the Registrar-General may require; and\n\t(i)\tsuch other documentary material as the Registrar-General may require.\n\t(4)\tThe applicants must provide evidence to the satisfaction of the Registrar-General that the application is made in pursuance of a unanimous resolution of each applicant corporation.\n1\tAmalgamation of secondary or tertiary plans in different schemes can be achieved by amendment of the plans of each scheme under Division 1.\n61—Persons whose consents are required\n\t(1)\tThe applicants must provide evidence to the satisfaction of the Registrar-General that the following persons have given their consent to the amalgamation—\n\t(a)\ta person who is the owner of a community lot at the relevant time but who did not have the opportunity of voting against the resolution of the corporation authorising the proposed amalgamation because he or she was not then a member of the corporation; and\n\t(b)\tthe prospective owner at the relevant time of a community lot; and\n\t(c)\tthe owner or prospective owner at the relevant time of a development lot; and\n\t(d)\ta registered encumbrancee or prospective encumbrancee at the relevant time of a community lot or a development lot; and\n\t(e)\tthe persons referred to in subsection (2).\n\t(2)\tThe consents of the following persons are required—\n\t(a)\twhere the plans to be amalgamated are primary plans and a primary lot is divided by a secondary plan—\n\t(i)\ta person who is the owner of a secondary lot at the relevant time but who did not have the opportunity of voting against the proposed amalgamation because he or she was not then a member of the secondary corporation; and\n\t(ii)\tthe prospective owner at the relevant time of a secondary lot; and\n\t(iii)\tthe owner or prospective owner at the relevant time of a development lot in the secondary scheme; and\n\t(iv)\ta registered encumbrancee or prospective encumbrancee at the relevant time of a secondary lot or development lot; and\n\t(b)\twhere the plans to be amalgamated are primary plans and a primary lot is divided by a secondary plan and a secondary lot created by that plan is divided by a tertiary plan or where the plans to be amalgamated are secondary plans and a secondary lot is divided by a tertiary plan—\n\t(i)\ta person who is the owner of a tertiary lot at the relevant time but who did not have the opportunity of voting against the proposed amalgamation because he or she was not then a member of the tertiary corporation; and\n\t(ii)\tthe prospective owner at the relevant time of a tertiary lot; and\n\t(iii)\tthe owner or prospective owner at the relevant time of a development lot in the tertiary scheme; and\n\t(iv)\ta registered encumbrancee or prospective encumbrancee at the relevant time of a tertiary lot or development lot.\n\t(3)\tThe consent of the owner or an encumbrancee of a lot is not required under this section if before the relevant time an instrument had been presented for registration at the Lands Titles Registration Office on the registration of which that person would cease to be the owner or an encumbrancee of the lot.\n\t(4)\tThe Registrar-General may dispense with the consent of a registered encumbrancee or a prospective encumbrancee in relation to an easement that will not be affected by the amalgamation.\n\t(5)\tIn this section—\nprospective encumbrancee in relation to a lot means a person who will hold a registered encumbrance over the lot on registration of an instrument that has been presented for registration at the Lands Titles Registration Office but has not been registered;\nprospective owner in relation to a lot means a person who will be the owner of the lot on registration of a transfer that has been presented for registration at the Lands Titles Registration Office but has not been registered;\nrelevant time means the time at which the application for amalgamation is lodged with the Registrar-General by the community corporations.\n62—Deposit of amalgamated plan\n\t(a)\tapplication is made in accordance with this Division for the amalgamation of community plans; and\n\t(b)\tthe requirements of this Division in relation to the application have been satisfied; and\n\t(c)\tthe new community plan conforms with the requirements of this Act,\nthe Registrar-General must deposit the new plan in the Lands Titles Registration Office.\n\t(2)\tWhen the Registrar-General deposits a new community plan in pursuance of an application under this section—\n\t(a)\tthe existing deposited community plans are cancelled;\n\t(b)\tthe Registrar-General must assign a number to the plan;\n\t(c)\tthe Registrar-General must file with the plan—\n\t(i)\tthe new scheme description;\n\t(ii)\tthe by-laws for the new scheme;\n\t(iii)\tthe development contracts (if any) filed with the previous plans;\n\t(d)\tthe Registrar-General must issue new certificates of title for the lots and common property;\n\t(e)\tthe existing community corporations are dissolved and a new community corporation is created;\n\t(f)\tthe assets and liabilities of the old community corporations vest in or attach to the new corporation;\n\t(g)\tthe common property vests in the owners of the community lots.\n\t(3)\tIf—\n\t(a)\tan easement is appurtenant to the common property shown on one or more (but not all) of the plans to be amalgamated; and\n\t(b)\tthe consent of the owner of the servient land and of all persons who appear from the Register Book to hold a registered encumbrance over the servient land (other than an easement that will not be affected) is endorsed on the application for amalgamation,\nthe easement will, upon amalgamation of the community plans, be appurtenant to the common property of the parcel formed by the amalgamation.\n\t(4)\tOn the amalgamation of two or more secondary or tertiary plans under this Division—\n\t(a)\tthe primary or secondary lots divided by those plans are amalgamated into a single primary or secondary lot and the lots from which that lot is formed cease to exist; and\n\t(b)\tthe Registrar-General must make appropriate amendments to the primary or secondary plan that created those lots.\n63—Effect of amalgamation on development contracts\nThe amalgamation of community plans does not affect the operation of a development contract except to increase the number of persons who can take proceedings for its enforcement.\nDivision 3—Cancellation of community plans\n64—Cancellation by Registrar-General or ERD Court\n\t(1)\tA deposited community plan may be cancelled—\n\t(a)\ton application by the community corporation to the Registrar-General; or\n\t(b)\tby order of the ERD Court.\n\t(2)\tIf a primary lot created by a primary plan has been divided by a secondary plan, the primary plan cannot be cancelled until the secondary plan has been cancelled and if a secondary lot created by a secondary plan has been divided by a tertiary plan, the secondary plan cannot be cancelled until the tertiary plan has been cancelled.\n65—Application to the Registrar-General\nAn application to the Registrar-General must be in a form approved by the Registrar‑General and must be accompanied by—\n\t(b)\tif the application is for the cancellation of a primary plan—a plan that delineates the outer boundaries of the primary parcel; and\n\t(d)\tif the plan includes a development lot or lots—\n\t(i)\ta schedule of lot entitlements in a form approved by the Registrar‑General setting out lot entitlements determined in accordance with section 68 for the community lots and the development lot or lots; and\n\t(ii)\ta certificate from a land valuer certifying that the schedule of lot entitlements is correct (the Registrar-General may refuse to accept the certificate if given more than six months before the application is lodged); and\n\t(e)\tsuch other documentary material as the Registrar-General may require.\n66—Persons whose consent is required\n\t(1)\tThe corporation must provide evidence to the satisfaction of the Registrar-General that the following persons have given their consent to the application—\n\t(a)\tthe owners at the relevant time of the community lots and the development lots (if any); and\n\t(b)\tthe prospective owner at the relevant time of a community lot or a development lot; and\n\t(c)\ta registered encumbrancee or prospective encumbrancee at the relevant time of a community lot or development lot.\n\t(2)\tThe consent of the owner or an encumbrancee of a lot is not required under this section if before the relevant time an instrument had been presented for registration at the Lands Titles Registration Office on the registration of which that person would cease to be the owner or an encumbrancee of the lot.\n\t(3)\tThe Registrar-General may dispense with the consent of a registered encumbrancee or prospective encumbrancee in relation to an easement that will not be affected by the cancellation.\nprospective encumbrancee in relation to a lot means a person who will hold a registered encumbrance over the lot on registration of an instrument that has been presented for registration at the Lands Titles Registration Office but has not been registered;\nprospective owner in relation to a lot means a person who will be the owner of the lot on registration of a transfer that has been presented for registration at the Lands Titles Registration Office but has not been registered;\nrelevant time means the time at which the application for cancellation is lodged with the Registrar-General by the community corporation.\n67—Application to ERD Court\n\t(1)\tAn application to the ERD Court for an order cancelling a community plan may be made by—\n\t(a)\tthe community corporation; or\n\t(b)\tthe owner of a community lot or a development lot; or\n\t(c)\ta person who has a registered encumbrance (excluding an easement) over a community lot or a development lot.\n\t(1a)\tIf it appears to the ERD Court that the proposed cancellation of the community plan could adversely affect a person who is not a party to the proceedings, the ERD Court should not order the cancellation unless the ERD Court is satisfied that the person has been notified of the possibility that such an order could be made and has been given a reasonable opportunity to make submissions to the Court in relation to the matter.\n\t(1b)\tIn determining an application under this section the ERD Court must have regard to the matters (if any) prescribed by regulation.\n\t(2)\tIf the ERD Court makes an order for the cancellation of a community plan, the community corporation must lodge with the Registrar-General—\n\t(a)\tan application to note the order in a form approved by the Registrar-General; and\n\t(b)\tthe fee prescribed by regulation; and\n\t(c)\ta copy of the order; and\n\t(d)\tif the plan is a primary plan—a plan that delineates the outer boundaries of the primary parcel; and\n\t(f)\tif the plan includes a development lot or lots—\n\t(i)\ta schedule of lot entitlements in a form approved by the Registrar-General setting out lot entitlements determined in accordance with section 68 for the community lots and the development lot or lots; and\n\t(ii)\ta certificate from a land valuer certifying that the schedule of lot entitlements is correct (the Registrar-General may refuse to accept the certificate if given more than six months before it is lodged).\n68—Lot entitlements\n\t(1)\tThe lot entitlement of a community lot or a development lot for the purposes of section 65(d) or 67(2)(f) is a number assigned to the lot that bears in relation to the aggregate of the lot entitlements of all of the lots defined on the community plan (within a tolerance of plus or minus 10 per cent) the same proportion that the value of the lot bears to the aggregate value of those lots.\n\t(2)\tThe lot entitlement of a lot must be expressed as a whole number.\n\t(3)\tThe unimproved value of the lots will be used to establish lot entitlements.\n\t(4)\tIn the case of a strata lot this will be taken to include the value of the part of the building containing or comprising the lot without taking into account the value of fixtures or other improvements.\n69—Cancellation\n\t(1)\tThe Registrar-General must, if he or she is—\n\t(a)\tin the case of an application to cancel a plan—satisfied that the application conforms with the requirements of this Act; or\n\t(b)\tin the case of an order by the ERD Court for cancellation of a plan—satisfied that all terms of the order and the requirements of this Act that are to be complied with before the plan is cancelled have been complied with,\ncancel the community plan by making an endorsement to that effect on the plan and making a note of the cancellation in the Register Book on every certificate affected by the cancellation.\n\t(2)\tOn cancellation of a community plan—\n\t(a)\tthe land formerly comprised in the community parcel vests in fee simple in the owners of the former community and development lots (if any) as tenants in common in proportions fixed by reference to the lot entitlements of their respective lots;\n\t(b)\ta lease over a lot or the common property is extinguished;\n\t(c)\tall internal easements are extinguished;\n\t(d)\tan easement over a lot or the common property where the dominant land is outside the community parcel (or where there is no dominant land) is unaffected;\n\t(e)\tan easement that was appurtenant to part, but not the whole, of the community parcel will be appurtenant to the whole of the land formerly comprised in the community parcel if the owner of the servient land and all persons who hold a registered encumbrance over the servient land (other than an easement that will not be affected) consent to the cancellation of the plan;\n\t(f)\tthe community corporation is dissolved;\n\t(g)\tthe liabilities of the former community corporation attach directly to the owners of the former community lots jointly and severally (but they will be entitled to contribution amongst each other in proportion to the lot entitlements of the former community lots);\n\t(h)\tsubject to any order of the ERD Court, the assets of the former community corporation will be divided between the owners of the former community lots in proportion to the lot entitlements of the former community lots.\n\t(3)\tFor the purposes of subsection (2)(a) the lot entitlements will be—\n\t(a)\twhere the plan to be cancelled included a development lot—those set out in the schedule lodged with the application for cancellation or for noting the Court's order; or\n\t(b)\twhere the plan did not include a development lot—those set out in the schedule annexed to the plan.\n\t(4)\tFor the purposes of subsection (2)(g) and (h) the lot entitlements will be those set out in the schedule annexed to the plan.\n\t(5)\tThe estate vested in the owner of a former lot under subsection (2)(a) will be subject to—\n\t(a)\tan easement (other than an internal easement) over any of the former lots or common property; and\n\t(b)\tany encumbrance (other than a lease) that was, immediately prior to the cancellation of the community plan, entered on the certificate of his or her lot.\n\t(6)\tIf when a strata plan was deposited in the Lands Titles Registration Office an easement was partially extinguished so as not to pass through a strata lot created by the plan, the easement will be reinstated on cancellation of the plan if a request for reinstatement is made to the Registrar-General by the registered proprietors of the servient land and the dominant land (if any).\n\t(7)\tOn cancellation of a primary plan, the primary parcel becomes an allotment for the purposes of Part 19AB of the Real Property Act 1886 but if that land was comprised of two or more allotments before division under this Act those allotments are not revived.\n\t(8)\tThe cancellation of a plan of community division revokes the by-laws of the community scheme and discharges the development contract or contracts (if any) included in the scheme.\n\t(9)\tFor the purposes of subsection (2), the owner of a former lot is the person who was the owner of the lot immediately before the cancellation of the plan.\n\t(10)\tIn this section—\ninternal easement means an easement where both the dominant and servient land comprised the whole or part of a lot or the common property within the community parcel.\n","sortOrder":10},{"sectionNumber":"Part 8","sectionType":"part","heading":"Division of primary parcel under Part 19AB","content":"Part 8—Division of primary parcel under Part 19AB\n70—Division of primary parcel under Part 19AB\n\t(1)\tA primary community corporation may apply to the Registrar-General for the division of the primary parcel under Part 19AB of the Real Property Act 1886 and for that purpose the primary parcel will be taken to be an allotment within the meaning of Part 19AB and the primary corporation will be taken to be the registered proprietor of the primary parcel.\n\t(2)\tThe plan of division lodged with the application must be endorsed with the consent of—\n\t(a)\tthe owners of the primary lots and the owner of the development lot or lots (if any) comprising the primary parcel; and\n\t(b)\tif a primary lot is divided by a secondary plan—the owners of the secondary lots and the owner of the development lot or lots (if any) comprising the secondary parcel; and\n\t(c)\tif a secondary lot is divided by a tertiary plan—the owners of the tertiary lots and the owner of the development lot or lots (if any) comprising the tertiary parcel,\nas well as the consents of the other persons required by Part 19AB Division 2 of the Real Property Act 1886.\n\t(3)\tIf a primary lot has been divided by a secondary plan or if a secondary lot created by such a plan has been divided by a tertiary plan, the plan of division under Part 19AB may (with the approval of the relevant development authority) retain the primary or secondary lot as an allotment.\n\t(4)\tIf a primary lot referred to in subsection (3) is retained as a separate allotment, the secondary plan will be taken to be a primary plan and any tertiary plan that divides a lot created by that plan will be taken to be a secondary plan.\n\t(5)\tIf a primary lot referred to in subsection (3) is not retained as a separate allotment but a secondary lot that has been divided by a tertiary plan is so retained, the tertiary plan will be taken to be a primary plan.\n\t(6)\tThe primary plan is cancelled by the deposit of a plan of division under Part 19AB and a secondary or tertiary plan (if any) is also cancelled unless the primary or secondary lot divided by the plan is retained as an allotment in the division.\n\t(7)\tOn cancellation of a primary, secondary or tertiary plan under this section, the primary, secondary or tertiary community corporation is dissolved and—\n\t(a)\tthe liabilities of the former corporation attach directly to the owners of the former community lots jointly and severally (but they will be entitled to contribution amongst each other in proportions determined by reference to the lot entitlements of the former lots);\n\t(b)\tthe assets of the former community corporation will be divided between the owners of the former community lots in proportions determined by reference to the lot entitlements of the former lots.\n\t(8)\tThe cancellation of a plan of community division on the deposit of a plan of division under Part 19AB revokes the by-laws of the community scheme and discharges the development contract or contracts (if any) included in the scheme.\n\t(9)\tIf, on the division of a primary parcel under this Part, the land comprising the former parcel is transferred to the owners of the former lots in the same shares as if the community plan had been cancelled under Part 7 Division 3, no duty is payable under the Stamp Duties Act 1923 in respect of the transfer.\n","sortOrder":11},{"sectionNumber":"Part 9","sectionType":"part","heading":"The community corporation","content":"Part 9—The community corporation\nDivision 1—Establishment of the corporation\n71—Establishment of corporation\n\t(1)\tA community corporation is established when a plan of community division is deposited in the Lands Titles Registration Office.\n\t(2)\tThe name of the corporation is \"Community Corporation No.            Incorporated\" where the number is the number of the deposited community plan.\n\t(3)\tThe abbreviation \"Inc.\" may be used in place of the word \"Incorporated\".\n\t(4)\tThe address of the corporation is the address of the corporation for the time being shown on the certificate of title for the common property.\n\t(5)\tThe address may be changed on application to the Registrar-General by the corporation in a form approved by the Registrar-General.\n72—Corporate nature of community corporations\nA community corporation is a body corporate and—\n\t(a)\thas perpetual succession; and\n\t(b)\tmay sue and be sued in its corporate name; and\n\t(c)\thas the functions and powers assigned or conferred by or under this Act or any other Act.\n73—The corporation's common seal\n\t(1)\tA corporation must have a common seal bearing its name.\n\t(2)\tThe seal may only be used in a manner directed by the corporation in general meeting or, if the corporation has not given such a direction, may only be used in the presence of any two of the presiding officer, treasurer and secretary of the corporation both of whom must sign the document to which the seal is affixed as witnesses.\n\t(3)\tWhere all three of those offices are held by one person, the presence of that person is sufficient for compliance with subsection (2).\n74—Members of corporation\n\t(1)\tThe owners for the time being of the community lots1 into which a community parcel is divided are the members of the corporation established on deposit of the plan.\n\t(2)\tIf a primary lot is divided by a secondary plan or a secondary lot is divided by a tertiary plan, the secondary or tertiary corporation (not the owners of the secondary or tertiary lots) is a member of the primary or secondary corporation in respect of that lot.\n","sortOrder":12},{"sectionNumber":"1","sectionType":"section","heading":"The owner of a development lot is not a member of the corporation.","content":"1\tThe owner of a development lot is not a member of the corporation.\n75—Functions and powers of corporations\n\t(1)\tThe functions of a corporation are—\n\t(a)\tto administer, manage and control the common property for the benefit of the owners of the community lots; and\n\t(b)\tto maintain the common property and the property of the corporation in good order and condition; and\n\t(c)\twhere practicable, to establish and maintain lawns or gardens on those parts of the common property not required or used for any other purpose; and\n\t(d)\tto enforce the by-laws and the development contracts (if any); and\n\t(e)\tto carry out the other functions assigned to it by this Act or conferred on it by the by-laws.\n\t(2)\tSubject to this section, a community corporation has all the powers of a natural person for the purpose of carrying out its functions as well as the powers conferred by the other provisions of this Act.\n\t(3)\tA corporation's decision to erect a building on, or to make any other improvements to, the common property (other than those referred to in subsection (1)(c)) must be made by special resolution.\n\t(4)\tA corporation's power to carry on business is limited to—\n\t(a)\tactivities necessary or desirable to carry out its functions; and\n\t(b)\tinvestment of money held by it that is not immediately required in carrying out its functions in the same manner and subject to the same requirements as a trustee investing trust funds under the Trustee Act 1936; and\n\t(c)\tuse of the common property or the property of the corporation to produce income (but only if authorised by a unanimous resolution of the corporation).\n\t(5)\tA community corporation can only delegate its functions or powers to the extent permitted by Division 1A.\n76—Presiding officer, treasurer and secretary\n\t(1)\tA community corporation must, by ordinary resolution, appoint a presiding officer, treasurer and secretary.\n\t(2)\tSubject to this section, the offices of presiding officer, treasurer and secretary must be held by natural persons who are members of the corporation.\n\t(3)\tIn the case of a community scheme—\n\t(a)\tcomprising ten community lots or less—two or all of those offices may be held by one person;\n\t(b)\tcomprising eleven or more community lots—two of those offices may be held by one person.\n\t(4)\tA person for the time being appointed by a body corporate that is a member of a corporation to attend and vote at meetings of the corporation is a member of the corporation for the purposes of subsection (2).\n\t(5)\tIf the community parcel is subject to a leaseback arrangement the corporation may appoint a person, or persons (who need not be a member, or members, of the corporation), nominated by the lessee to hold one, two or all of the offices of presiding officer, treasurer and secretary.\n\t(6)\tThe presiding officer, treasurer and secretary must be appointed for a term that expires at or before the next annual general meeting of the corporation.\n\t(7)\tThe office of a person appointed under this section becomes vacant if he or she—\n\t(a)\tdies; or\n\t(b)\tcompletes his or her term of office and is not reappointed; or\n\t(c)\tin the case of a person who was a member of the corporation when he or she was appointed to the office—ceases to be a member of the corporation; or\n\t(d)\tin the case of a person appointed by a body corporate that is a member of the corporation to attend and vote at meetings—ceases to hold that appointment; or\n\t(e)\tresigns by written notice to the secretary or, in the case of the secretary, to the presiding officer; or\n\t(f)\tbecomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or\n\t(g)\tis convicted of an indictable offence or sentenced to imprisonment for an offence; or\n\t(h)\tis removed from office by special resolution of the corporation.\n\t(8)\tA resolution referred to in subsection (7)(h) can only be passed on one or more of the following grounds—\n\t(a)\tmisconduct;\n\t(b)\tneglect of duty;\n\t(c)\tincapacity or failure to carry out satisfactorily the duties of the office.\n\t(9)\tA community corporation may appoint or engage a person to assist the presiding officer, treasurer or secretary.\n77—Corporation's monetary liabilities guaranteed by members\n\t(1)\tSubject to subsection (3), if a community corporation defaults in payment of a monetary liability, the liability is enforceable against the members of the corporation jointly and severally.\n\t(2)\tThe members have a right of contribution amongst themselves in proportion to the lot entitlements of their lots.\n\t(3)\tIf the liability was incurred when the community parcel was subject to a leaseback arrangement and was not authorised by an ordinary resolution of the corporation (or by a special or unanimous resolution where required by some other provision of this Act), the liability is enforceable against the lessee but not against the members of the corporation.\n78—Non-application of Corporations Act 2001\nThe following matters are declared to be excluded matters for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies:\n\t(a)\ta community corporation;\n\t(b)\tany act or omission of any person, body or other entity in relation to a community corporation.\n","sortOrder":13},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Delegations by corporation","content":"Division 1A—Delegations by corporation\n78A—Delegation of corporation's functions and powers\n\t(1)\tA community corporation may delegate any of its functions and powers (except this power of delegation) to a member or employee of the corporation or to a member of a secondary or tertiary corporation within the same community scheme.\n\t(2)\tA community corporation may delegate the following functions and powers to any person:\n\t(a)\tthe receipt and holding of money and other personal property on behalf of the corporation;\n\t(b)\tpayment of money on behalf of the corporation;\n\t(c)\tthe preparation of statements of expenditure and proposed expenditure and statements of accounts;\n\t(d)\tthe collection of money due to the corporation;\n\t(e)\tentering into contracts of insurance with insurers on behalf of the corporation;\n\t(f)\tmaintaining and keeping records on behalf of the corporation;\n\t(g)\tissuing and signing notices on behalf of the corporation;\n\t(h)\tpreparing minutes of meetings of the corporation;\n\t(i)\tproviding information as required by the Act on behalf of the corporation;\n\t(j)\tinvesting money on behalf of the corporation;\n\t(k)\tarranging for the maintenance and repair of the common property on behalf of the corporation.\n\t(3)\tA delegation by a community corporation is to be made by ordinary resolution of the community corporation.\n\t(4)\tHowever, a community corporation cannot delegate a function or power under subsection (1) or (2) if the function or power is of a kind that can only be performed or exercised by the corporation by passing a special or unanimous resolution.\n\t(5)\tA delegation by a community corporation—\n\t(a)\tmay be absolute or conditional; and\n\t(b)\tdoes not derogate from the power of the corporation to act in any matter; and\n\t(c)\tis—\n\t(i)\tin a case where there is a contract relating to the delegation between the corporation and a body corporate manager—revoked on termination or expiry of the contract; or\n\t(ii)\tin any other case—revocable by the corporation at any time by notice given in writing (notwithstanding any agreement to the contrary by the corporation).\n78B—Body corporate managers\n\t(1)\tThis section applies to a delegation of functions or powers by a community corporation if—\n\t(a)\tthe delegation is made to a person (the body corporate manager) who carries on a business, or is an employee in a business, that consists of, or includes, acting as a delegate of community corporations or of strata corporations under the Strata Titles Act 1988; and\n\t(b)\tthe delegation is made after the commencement of this section or a contract, between the body corporate manager and the corporation, relating to the delegation is made, renewed or extended after the commencement of this section; and\n\t(c)\tit is proposed that the body corporate manager be remunerated in respect of work performed in exercising the delegated functions or powers. \n\t(2)\tA body corporate manager is only entitled to receive remuneration in respect of work performed in exercising functions or powers under a delegation to which this section applies if—\n\t(a)\tthe body corporate manager and the community corporation have entered into a contract in compliance with subsections (3) and (8); and\n\t(b)\tthe body corporate manager, prior to entering into the contract referred to in paragraph (a), provided the community corporation with documents of a kind prescribed by regulation verifying the body corporate manager's entitlement to act as a body corporate manager and any other prescribed matter; and\n\t(c)\tthe body corporate manager, whilst performing such work, maintained professional indemnity insurance complying with the requirements prescribed by the regulations,\n(and if a body corporate manager has received, from a community corporation, remuneration to which he or she is not entitled under this subsection, the community corporation may recover the amount of the remuneration as a debt).\n\t(3)\tA contract between a body corporate manager and a community corporation must—\n\t(a)\tbe in writing; and\n\t(b)\tspecify the term of the contract; and\n\t(c)\tset out the functions or powers to be delegated; and\n\t(d)\tspecify the rights of the community corporation under subsection (4); and\n\t(e)\tset out the remuneration payable to the body corporate manager in respect of the work performed in exercising the delegated functions or powers, or set out the basis on which such remuneration is to be calculated; and\n\t(f)\tcontain any other particulars required by the regulations; and\n\t(g)\thave annexed to it a copy of each document provided by the body corporate manager in accordance with subsection (2)(b).\n\t(4)\tWhere—\n\t(a)\tthere is a contract (other than a contract that is for a period of 12 months or less) in force between a community corporation and a body corporate manager; and\n\t(b)\tthe community corporation has had relevant contractual arrangements with the body corporate manager for a continuous period of at least 12 months,\nthe community corporation may terminate the contract by written notice given to the body corporate manager at least 28 days (or a lesser period specified in the contract) before the termination of the contract is to come into effect.\n\t(5)\tFor the purposes of subsection (4)(a), the period of a contract is the term of the contract disregarding any renewal period that may occur at the end of that term unless the renewal occurs at the option of the body corporate manager (in which case the period of the contract will be taken to include the period of the renewal).\n\t(6)\tThe right of a community corporation to terminate a contract under subsection (4) is in addition to, and does not derogate from, any other right of the community corporation to terminate the contract.\n\t(7)\tA decision to terminate a contract in accordance with subsection (4) is to be made by ordinary resolution of the community corporation.\n\t(8)\tThe body corporate manager must ensure that a copy of the contract, and any other prescribed information or document of a kind prescribed by regulation is available for inspection by members of the corporation at least 5 clear days before the date of the meeting at which the corporation is to consider whether or not to enter into the contract.\n\t(9)\tThe body corporate manager must, at the request of any member of the corporation, make a copy of the body corporate manager's policy of professional indemnity insurance available for inspection and copying by the member within 3 business days of the request.\n\t(10)\tThe Minister may, by notice in the Gazette, exempt body corporate managers from compliance with subsection (2)(c) for such period as the Minister thinks fit.\n\t(11)\tAn exemption granted by the Minister under subsection (10)—\n\t(a)\tmay be subject to conditions specified in the notice of exemption; and\n\t(b)\tmay be varied or revoked by the Minister at any time by subsequent notice in the Gazette.\n\t(12)\tIn this section—\nrelevant contractual arrangements mean contractual arrangements relating to a delegation of functions or powers by a community corporation to a body corporate manager.\n78C—General duties\n\t(1)\tFor the avoidance of doubt—\n\t(a)\tthe body corporate manager stands in a fiduciary relationship with the community corporation; and\n\t(b)\tthe duties owed by the body corporate manager under this Act are in addition to, and do not derogate from, the duties arising out of that fiduciary relationship.\n\t(2)\tWithout derogating from subsection (1), a body corporate manager—\n\t(a)\tmust act honestly and in good faith in the performance of the manager's functions; and\n\t(b)\tmust exercise due care and diligence in the performance of the manager's functions; and\n\t(c)\tmust not make improper use of the manager's position to gain, directly or indirectly, an advantage personally or for any other person.\n78D—Offences\n\t(1)\tA delegate of a community corporation who has a direct or indirect pecuniary interest in a matter in relation to which he or she proposes to perform delegated functions or powers must disclose the nature of the interest, in writing, to the corporation before performing the functions or powers.\nExample—\nFor example, if the delegate would receive a commission from a person for placing business of the community corporation with that person, it would be an offence to fail to disclose that fact before placing business with the person. Similarly, if the delegate were to profit by placing business of the community corporation with a related body corporate, it would be an offence to fail to disclose that fact before placing business with the related body corporate.\n\t(2)\tIf an employee or agent of a delegate has a direct or indirect pecuniary interest in a matter, the delegate is, for the purposes of subsection (1), taken to have a direct or indirect pecuniary interest in the matter.\n\t(3)\tA delegate who is the owner of a community lot is not obliged by subsection (1) to disclose an interest that he or she has in common with all of the owners of the community lots.\n\t(4)\tIt is a defence to a charge of an offence against subsection (1) for the defendant to prove that he or she did not know and could not reasonably have been expected to know of his or her interest in the matter.\n\t(5)\tA delegate of a community corporation must, on application by an owner of a community lot or a development lot, provide the applicant, on a quarterly basis, with a statement setting out details of dealings by the delegate with the corporation's money (and must continue to so provide the statements until the applicant ceases to be an owner or revokes the application).\n\t(6)\tIf all delegations by a community corporation to a delegate are revoked, the delegate must return to, or make available for collection by, the corporation—\n\t(a)\tall records of the corporation held by the delegate; and\n\t(b)\tall trust money held pursuant to the delegations,\nin accordance with any requirements prescribed by the regulations.\nMaximum penalty: $2 000.\n\t(7)\tA delegate of a community corporation who holds records of the corporation must, at the request of any member of the corporation—\n\t(a)\tmake those records available for the member to inspect within 10 business days of the request; and\n\t(b)\tprovide the member with a copy of any of the records on payment of a fee (not exceeding a fee calculated in accordance with the regulations).\nDivision 2—General meetings\n79—First statutory general meeting\n\t(1)\tThe developer must convene a general meeting of the community corporation within 3 months after the day on which there are at least 2 different members of the community corporation (not including the developer or any person who the developer knows, or ought reasonably to know, is an associate of the developer).\n\t(2)\tA member of the corporation may convene the meeting required under subsection (1) if the developer fails to do so.\n80—Business at first statutory general meeting\n\t(1)\tThe developer must deliver to the corporation at the first statutory general meeting—\n\t(a)\ta copy of the plan of community division deposited in the Lands Titles Registration Office which shows the service infrastructure by which the lots and common property are provided with water, gas, electricity and other services; and\n\t(b)\ta copy of—\n\t(i)\tthe scheme description (if any); and\n\t(ii)\tthe by-laws; and\n\t(iii)\tthe development contract or contracts (if any),\nfiled by the Registrar-General with the deposited plan; and\n\t(c)\ta copy of specifications, diagrams and drawings relating to the buildings or other improvements (if any) on the community parcel; and\n\t(e)\tall policies of insurance taken out by the developer; and\n\t(f)\ta statement of the corporation's assets and liabilities; and\n\t(g)\tan expenditure and contribution statement complying with section 113; and\n\t(h)\tbooks of account and other records relating to the corporation; and\n\t(i)\tthe corporation's common seal; and\n\t(j)\ta copy of all other documents in the developer's possession that are likely to be of use to the corporation.\n\t(2)\tThe following matters must be addressed at the first statutory general meeting—\n\t(a)\tthe appointment of the presiding officer, treasurer and secretary;\n\t(b)\tthe custody of the corporation's common seal and the manner of its use;\n\t(c)\tthe corporation's recurrent and non-recurrent expenditure in its first financial year and the amount to be raised by contributions from owners of community lots to cover that expenditure;\n\t(d)\tthe appointment of an auditor of the corporation's accounts in its first financial year or a special resolution that the accounts for that year need not be audited;\n\t(e)\tsuch other matters as are required by regulation.\n\t(3)\tIf a document of a kind referred to in subsection (1) comes into the possession of the developer within 12 months after the corporation's first statutory general meeting, the developer must deliver it, or a copy of it, to the corporation.\n81—Convening of general meetings\n\t(1)\tA general meeting (other than the first statutory general meeting) may be convened—\n\t(a)\tby the presiding officer, treasurer or secretary of the corporation; or\n\t(b)\tby any two members of the management committee of the corporation; or\n\t(c)\tby a member or members of the corporation—\n\t(i)\tthe value of whose lot entitlement or combined lot entitlements is 20 per cent or more of the aggregate value of all the lot entitlements; or\n\t(ii)\twho holds, or who together hold, 20 per cent or more of the total number of community lots in the scheme; or\n\t(d)\ton the order of the Magistrates Court (made on the application of a person of a class specified in section 141).\n\t(2)\tA meeting (including the first statutory general meeting) is convened by giving written notice of the day, time and place of the meeting to all members of the corporation at least 14 days before the date of the meeting.\n\t(2a)\tA member may not nominate another person to be given notices referred to in subsection (2) on his or her behalf (although nothing prevents the community corporation from agreeing to provide notices to such a person in addition to the member).\n\t(3)\tThe day, time and place of the meeting must be reasonably convenient to a majority of the members of the corporation.\n\t(4)\tThe notice convening a general meeting must set out the agenda for the meeting.\n\t(5)\tThe agenda must include—\n\t(a)\tthe text of any unanimous or special resolutions to be moved at the meeting; and\n\t(b)\ta motion confirming the minutes of the previous general meeting; and\n\t(c)\tin the case of the first statutory general meeting—the matters required to be dealt with by section 80(2); and\n\t(d)\tin the case of an annual general meeting—\n\t(i)\tpresentation of the accounts for the previous financial year; and\n\t(ii)\tin the case of a corporation that is required to have its annual statement of accounts audited—the appointment of an auditor of the accounts for the current financial year; and\n\t(iii)\tcontributions to be paid by members for the current financial year; and\n\t(iiia)\tpresentation of statements required under section 113; and\n\t(iiib)\tpresentation of copies of all insurance policies required under Part 10 Division 2; and\n\t(iv)\tsuch other matters as are required by regulation.\n82—Annual general meeting\n\t(1)\tThe annual general meeting of a primary community corporation must be held within three months after the commencement of each financial year.\n\t(2)\tThe annual general meeting of a secondary or tertiary community corporation must be held within 6 months after the commencement of each financial year.\n83—Procedure at meetings\n\t(1)\tSubject to subsection (3a), the presiding officer of a corporation will preside at general meetings of the corporation.\n\t(2)\tThe developer (or one of the developers if there are two or more), or the person appointed by the developer to attend and vote on the developer's behalf, will preside at the first statutory general meeting of the corporation until the presiding officer has been appointed.\n\t(3)\tIn the absence of the presiding officer, a person present may be appointed to preside at the meeting by the persons present and entitled to vote at the meeting.\n\t(3a)\tA person who is a body corporate manager in relation to a corporation, or is an employee of such a body corporate manager, may preside at a meeting of the corporation if a majority of the persons present and entitled to vote at the meeting agree to that person presiding (and the body corporate manager or employee is taken not to be entitled to vote for that purpose except in circumstances prescribed by the regulations).\n\t(3b)\tThe regulations may make further provision in relation to the procedures to be followed at a meeting at which a body corporate manager, or an employee of a body corporate manager, is to preside.\n\t(4)\tThe quorum for the transaction of business at a general meeting is determined by dividing the number of persons entitled to attend and vote at the meeting by two, disregarding any fraction and adding one.\n\t(5)\tIf a quorum is not present within half an hour of the time appointed for a general meeting—\n\t(a)\tthe members present must appoint—\n\t(i)\tanother day for the meeting being at least seven days but not more than 14 days later; and\n\t(ii)\tthe time and place for the meeting; and\n\t(b)\tthe meeting stands adjourned to that day at that time and place; and\n\t(c)\tif a quorum is not formed at the adjourned meeting within half an hour, the persons present who are entitled to vote constitute a quorum.\n\t(6)\tWhere a meeting of a corporation is adjourned under subsection (5), the secretary of the corporation must cause reasonable notice of the day, time and place of the adjourned meeting to be given in writing to the members of the corporation.\n\t(6a)\tA member may, in accordance with any requirements prescribed by regulation, attend, and vote, at a meeting by telephone, video‑link, Internet connection or any similar means of remote communication (provided that no obligation lies on a community corporation to provide such facilities to members who wish to attend or vote in such a manner).\n\t(7)\tExcept where otherwise provided by this Act or by the by-laws of a community corporation, the decisions of the corporation in general meeting will be made by ordinary resolutions.\n\t(8)\tA corporation must cause accurate minutes to be kept of proceedings at its meetings.\n\t(9)\tSubject to this Act and the by-laws, a corporation may determine procedures at its meetings.\n84—Voting at general meetings\n\t(1)\tSubject to this section the owner of a community lot is entitled to attend and vote at general meetings of the corporation.\n\t(2)\tThe owner of a development lot is not entitled to attend or to vote at general meetings in his or her capacity as the owner of that lot.\n\t(3)\tSubject to subsection (8), an owner (whether a secondary or tertiary corporation or any other body corporate or a natural person) may nominate another person to attend and vote at meetings on his or her behalf.\n\t(4)\tSubject to subsection (8), where there is more than one owner of a lot, a person (who may, but need not, be one of the owners) may be nominated by all of the owners to vote on their behalf.\n\t(5)\tA nomination referred to in subsection (3)—\n\t(a)\tmust be made—\n\t(i)\tin the case of a nomination relating to the first statutory general meeting—by written notice given to the person initially presiding at the meeting; or\n\t(ii)\tin any other case—by written notice given to the secretary of the corporation; and\n\t(b)\tmust specify whether the nominated person—\n\t(i)\tis nominated to attend and vote at all meetings, and in relation to all matters, on behalf of the owner; or\n\t(ii)\tis nominated to attend and vote only at specified meetings, or in relation to specified matters, on behalf of the owner; and\n\t(c)\tmay specify conditions in relation to the nomination; and\n\t(d)\tif a specified condition requires the nominated person to vote in a particular way in relation to a matter in which the owner has a direct or indirect pecuniary interest (other than an interest that the owner has in common with all the owners of the community lots)—must specify the nature of the owner's pecuniary interest; and\n\t(e)\tmay be revoked by the owner at any time by subsequent written notice to the secretary (and any contract or agreement to the contrary is unenforceable); and\n\t(f)\tis effective for a period of 12 months or such lesser period as may be specified in the written notice of nomination unless the nomination is revoked earlier under paragraph (e); and\n\t(g)\tdoes not derogate from the power of the owner to attend and vote at meetings on his or her own behalf.\n\t(5a)\tFailure to comply with a requirement of subsection (5) will invalidate the nomination.\n\t(6)\tA nomination referred to in subsection (4)—\n\t(a)\tmust be made by written notice to the secretary of the corporation by all of the owners of the lot; and\n\t(b)\tmust specify the meeting or meetings to which it relates; and\n\t(ba)\tmay specify conditions in relation to the nomination; and\n\t(bb)\tif a specified condition requires the nominated person to vote in a particular way in relation to a matter in which an owner has a direct or indirect pecuniary interest (other than an interest that the owner has in common with all the owners of the community lots)—must specify the nature of the owner's pecuniary interest; and\n\t(c)\tmay be revoked at any time by one of the owners by written notice to the secretary.\n\t(6a)\tWithout limiting subsection (5) or (6), if a person who is a body corporate manager in relation to the corporation, or an employee of such a body corporate manager, is nominated under subsection (3) or (4), the nomination ceases to have effect on the person ceasing to be a body corporate manager in relation to the corporation or an employee of such a body corporate manager (as the case may require).\n\t(7)\tWhere there is more than one owner of a lot and there is no person who is entitled to vote on behalf of the owners pursuant to a nomination under subsection (4), the following provisions apply—\n\t(a)\tif only one of the owners attends a meeting—the vote is exercisable by that person;\n\t(b)\tif two or more of the owners attend a meeting—the vote is exercisable by one of them in accordance with an agreement between all the owners attending the meeting but, if there is no such agreement, none of them is entitled to vote.\n\t(8)\tSubject to subsection (9), the developer or an associate of the developer cannot be nominated under subsection (3) or (4) if one or more of the community lots is used, or is intended to be used, solely or predominantly for residential purposes.\n\t(9)\tSubsection (8) does not apply if the community parcel is subject to a leaseback arrangement.\n\t(9a)\tIf an owner appoints, by general power of attorney under section 5 of the Powers of Attorney and Agency Act 1984, a person as his or her attorney specifically for the purpose of attending and voting at meetings, or specified meetings, of the community corporation, the appointment is, despite any provision of that Act or the terms of the general power of attorney, effective for a period of 12 months or such lesser period as may be specified in the power of attorney unless the power of attorney is revoked earlier.\n\t(9b)\tIf a general power of attorney referred to in subsection (9a) appoints a body corporate manager, a copy of the instrument of appointment must be given to the secretary of the corporation before the meeting, or the first of the meetings, to which it relates.\n\t(10)\tA person who is not an owner of a community lot but has been nominated by an owner or owners to attend and vote at a general meeting of the corporation, must be regarded as a member of the corporation for the purposes of proceedings at the meeting.\n\t(10a)\tA copy of each written notice of nomination and each instrument of appointment referred to in subsection (9b) applying in relation to the meeting must be made available by—\n\t(a)\tin the case of a nomination relating to the first statutory general meeting—the person initially presiding at the meeting; or\n\t(b)\tin any other case—the secretary of the corporation,\nfor inspection by persons attending the meeting before any matter is voted on at the meeting.\n\t(11)\tThe owner of a lot may exercise an absentee vote on a proposed resolution by giving the secretary written notice of the proposed vote at least six hours before the time of the meeting.\n\t(12)\tA member attending a meeting of a corporation may demand a written ballot on any question.\n\t(13)\tThe ballot will be taken in such manner as the person presiding at the meeting thinks fit.\n\t(14)\tA vote cannot be exercised in relation to a lot unless all amounts payable to the corporation in respect of the lot have been paid.\n\t(15)\tIf the number of votes supporting a resolution is equal to the number of votes against the resolution, the resolution is lost.\n85—Duty to disclose interest\n\t(1)\tIf a person (whether a co‑owner of a lot or not) has been nominated to attend and vote at a meeting of a community corporation on behalf of another person, the following provisions apply:\n\t(a)\tif the nominated person has a direct or indirect pecuniary interest in any matter to be voted on at a meeting, the nominated person must—\n\t(i)\tdisclose the nature of the interest—\n\t(A)\tif it is practicable to do so—to his or her principal before the vote is taken; or\n\t(B)\tin any other case—to his or her principal as soon as practicable after the vote is taken; and\n\t(ii)\tdisclose the nature of the interest to the members present at the meeting before the vote is taken;\n\t(b)\tif the written notice of nomination declared a pecuniary interest in accordance with section 84(5)(d) or 84(6)(bb) in relation to the matter, the nominated person must disclose the nature of the pecuniary interest to the members present at the meeting before the vote on the matter is taken.\n\t(2)\tA co-owner of a lot is not obliged by subsection (1) to disclose an interest that he or she has in common with his or her other co-owners.\n\t(2a)\tA person who—\n\t(a)\tattends and is entitled to vote (other than as a nominee) at a meeting of a community corporation; or\n\t(b)\tpresides at such a meeting,\nand who has a direct or indirect pecuniary interest in any matter to be voted on at the meeting must disclose the nature of the interest to the members present at the meeting before the vote is taken.\n\t(2b)\tAn owner of a community lot is not obliged by subsection (2a) to disclose an interest that he or she has in common with all of the owners of the community lots.\n\t(3)\tIt is a defence to a charge of an offence against this section to prove that the defendant was not, at the time of the alleged offence, aware of his or her interest in the matter.\n86—Voting by a community corporation as a member of another community corporation\n\t(1)\tA secondary corporation that is a member of a primary corporation or a tertiary corporation that is a member of a secondary corporation may vote at a meeting of the primary or secondary corporation if it has been authorised to do so by resolution of its members.\n\t(2)\tWhen determining whether a resolution of a community corporation is a unanimous resolution, the vote of a secondary or tertiary corporation (that is a member of the corporation) that is cast in favour of the resolution—\n\t(a)\twill be counted in favour of the resolution if it was authorised by a unanimous resolution of the secondary or tertiary corporation;\n\t(b)\twill be taken to be cast against the resolution if it was not authorised by a unanimous resolution of the secondary or tertiary corporation.\n\t(3)\tWhen determining whether a resolution of a community corporation is a special resolution, the vote of a secondary or tertiary corporation that is a member of the corporation will only be counted if it was authorised by a special resolution of the secondary or tertiary corporation.\n87—Value of votes cast at general meeting\n\t(1)\tThe number of votes that may be cast in respect of each community lot on any matter arising for decision at a general meeting of a community corporation is—\n\t(a)\tif one or more of the lots is used, or is intended to be used, solely or predominantly for residential purposes—one;\n\t(b)\tin any other case—\n\t(i)\tthe number prescribed for that purpose by the by-laws; or\n\t(ii)\tif the by-laws do not prescribe a number—one.\n\t(2)\tA unanimous resolution is required to vary the number of votes prescribed by the by-laws that may be cast in respect of each community lot.\n\t(3)\tIf the developer owns 1 or more of the community lots in a community parcel and a person (other than the developer or a prescribed associate of the developer) owns 1 or more of the community lots, the following provisions apply:\n\t(a)\tif none of the other lots is owned by a prescribed associate of the developer, the developer is entitled to—\n\t(i)\tthe aggregate of the votes, determined in accordance with subsection (1), in respect of the lots owned; or\n\t(ii)\ta number of votes equivalent to the aggregate of the votes, determined in accordance with that subsection, that may be exercised by all the other members of the corporation,\nwhichever is the lesser;\n\t(b)\tif 1 or more of the other lots is owned by a prescribed associate of the developer, the developer and the prescribed associate are each entitled to—\n\t(i)\tthe aggregate of the votes, determined in accordance with subsection (1), in respect of the lots owned; or\n\t(ii)\tthe aggregate of the votes, determined in accordance with subsection (1), in respect of the lots owned, proportionately adjusted so that the aggregate of the votes that may be exercised by the developer and the votes that may be exercised by all prescribed associates of the developer is equivalent to the aggregate of the votes that may be exercised by all other members of the corporation,\nwhichever is the lesser.1\n1\tThe effect of this provision is that neither the voting power of the developer, nor the combined voting power of the developer and prescribed associates, can ever be greater than the combined voting power of the other members of the corporation.\nprescribed associate of a developer means—\n\t(a)\ta person who is an associate of the developer where a relationship of a kind referred to in section 4(2)(e), (f) or (g) exists between the developer and the person; or\n\t(b)\ta related body corporate;\nrelated body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth.\n88—Special resolutions—3 lot schemes\n\t(1)\tThis section applies to a community corporation if there are three community lots in the community scheme and the owner of each lot is entitled to one vote in respect of his or her lot.\n\t(2)\tA resolution of a community corporation to which this section applies is a special resolution if—\n\t(a)\tat least 14 days notice setting out the text of the proposed resolution and any other information of a kind prescribed by regulation has been served on all the owners of the community lots; and\n\t(b)\tthe resolution is passed at a properly convened meeting of the corporation at which either no vote, or only one vote, is cast against the resolution.\n89—Revocation etc of decisions by corporation\n\t(1)\tA decision that is required by this Act to be made by unanimous resolution of a community corporation may be varied or revoked by a unanimous resolution of the corporation.\n\t(2)\tA decision that is required by this Act to be made by a special resolution of a corporation may be varied or revoked by a special resolution of the corporation.\n\t(3)\tAll other decisions of a corporation may be varied or revoked by an ordinary resolution of the corporation.\nDivision 3—Management committee\n90—Establishment of management committee\n\t(1)\tA community corporation may (but is not obliged to) establish a management committee.\n\t(2)\tA committee is established by ordinary resolution of the corporation.\n\t(3)\tThe members of a committee must be natural persons and must include the presiding officer, the treasurer and the secretary of the corporation.\n\t(4)\tSubject to subsection (6), where each of the community lots is used, or is intended to be used, solely or predominantly for residential purposes, all the members of the committee must be members of the corporation and for that purpose a person for the time being appointed by a body corporate that is a member of the corporation to attend and vote at meetings of the corporation will be taken to be a member of the corporation.\n\t(5)\tWhere one or more of the community lots are not used, or intended to be used, solely or predominantly for residential purposes, the committee may be comprised of or include persons who are not members of the corporation.\n\t(6)\tWhere the community parcel is subject to a leaseback arrangement, the management committee may consist of one or more persons nominated by the lessee and appointed by ordinary resolution of the corporation.\n91—Term of office\n\t(1)\tA member of the committee must be appointed for a term that expires at or before the next annual general meeting of the corporation.\n\t(2)\tA member's office becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes his or her term of office and is not reappointed; or\n\t(c)\tin the case of a person who was a member of the corporation when he or she was appointed to the office—ceases to be a member of the corporation; or\n\t(d)\tin the case of a member who is the presiding officer, treasurer or secretary of the corporation—ceases to hold that office and does not hold either of the other of those offices; or\n\t(e)\tin the case of any member other than the presiding officer, treasurer or secretary of the corporation—resigns by written notice to the secretary of the corporation; or\n\t(f)\tbecomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or\n\t(g)\tis convicted of an indictable offence or sentenced to imprisonment for an offence; or\n\t(h)\tis removed from office by ordinary resolution of the corporation.\n\t(3)\tA resolution referred to in subsection (2)(h) can only be passed on one or more of the following grounds:\n\t(a)\tmisconduct;\n\t(b)\tneglect of duty;\n\t(c)\tincapacity or failure to carry out satisfactorily the duties of the office.\n92—Functions and powers of committees\n\t(1)\tSubject to any limitations imposed by the corporation, it is the function of a management committee to carry out the functions and perform the duties of the corporation within the limits of the committee's powers.\n\t(2)\tSubject to this Act and to any limitations imposed by the corporation or by the by‑laws of the community scheme, a management committee has full power to transact any business of the corporation.\n\t(3)\tA committee cannot delegate its functions or powers but a community corporation may appoint or engage a person to assist the committee in the performance of the committee's functions.\n\t(4)\tA committee does not have power to do anything for which a special or unanimous resolution of the corporation is required.\n93—Convening of committee meetings\n\t(1)\tA meeting of a management committee may be convened by the presiding officer, treasurer or secretary of the corporation or by any two members of the committee.\n\t(2)\tA meeting is convened by giving written notice of the day, time and place of the meeting to all members of the committee at least three days before the date of the meeting.\n\t(3)\tThe day, time and place of the meeting must be reasonably convenient to a majority of the members of the committee.\n\t(4)\tThe notice convening a meeting must set out the agenda for the meeting.\n94—Procedure at committee meetings\n\t(1)\tThe presiding officer will preside at committee meetings but in his or her absence the members present may appoint a member to preside at that meeting.\n\t(2)\tThe quorum for the transaction of business at a committee meeting is determined by dividing the number of members of the committee by two, disregarding any fraction and adding one.\n\t(3)\tA decision supported by a majority of the members present at a management committee meeting is a decision of the committee.\n\t(4)\tA member of a committee may appoint another person to act as his or her proxy at a committee meeting that the member is unable to attend.\n\t(5)\tThe person appointed must, if each of the community lots is used, or is intended to be used, solely or predominantly for residential purposes, be another member of the committee or a member of the community corporation.\n\t(6)\tA decision is made by a committee without meeting if—\n\t(a)\twritten notice setting out the proposed decision is served on every member of the committee; and\n\t(b)\twithin seven days after the notice is served on all members of the committee a majority of the members give written notice to the secretary setting out the proposed decision and expressing their agreement with it.\n\t(7)\tA management committee must cause accurate minutes to be kept of proceedings at its meetings.\n\t(8)\tSubject to this Act, the by-laws and to any direction of the community corporation, a committee may regulate procedures at its meetings as it thinks fit.\n95—Disclosure of interest\n\t(1)\tA member of a committee who has a direct or indirect pecuniary interest in a matter under consideration by the committee—\n\t(a)\tmust disclose the nature of the interest to the committee; and\n\t(b)\tmust not take part in any deliberations or decisions of the committee in relation to that matter.\n\t(2)\tIt is a defence to a charge of an offence against subsection (1) to prove that the defendant was not, at the time of the alleged offence, aware of his or her interest in the matter.\n\t(3)\tA disclosure under this section must be recorded in the minutes of the committee.\npecuniary interest of a member of a committee does not include an interest arising solely from the fact that the member is also a member of the community corporation.\n96—Members' duties of honesty\n\t(1)\tA member of a committee must at all times act honestly in the performance of his or her duties.\nMaximum penalty: \n\t(a)\tif an intention to deceive or defraud is proved—$15 000 or four years imprisonment;\n\t(b)\tin any other case—$4 000.\n\t(2)\tA member of a committee must not make improper use of his or her official position to gain a personal advantage for himself, herself or another.\nMaximum penalty: $15 000 or four years imprisonment.\n97—Casual vacancies\nA management committee may co-opt a suitable person to fill a casual vacancy in the membership of the committee.\n98—Validity of acts of a committee\nIf a management committee acts honestly, a vacancy in its membership or the subsequent discovery of a defect affecting the appointment of a member, or the right of a person to act as a member, does not invalidate the act of the committee.\n99—Immunity from liability\n\t(1)\tA committee member is not liable for an act or omission while acting, or purportedly acting, as a committee member unless the act or omission was dishonest or negligent.\n\t(2)\tA liability that would, but for subsection (1), attach to a committee member attaches instead to the corporation or, where the community parcel is subject to a leaseback arrangement, to the lessee.\nDivision 4—Appointment of administrator\n100—Administrator of community corporation's affairs\n\t(1)\tThe District Court or the Magistrates Court may, on application by—\n\t(a)\ta community corporation; or\n\t(b)\ta creditor of a community corporation; or\n\t(c)\tthe owner of a community lot or a development lot; or\n\t(d)\ta person who holds a registered encumbrance over a community lot or a development lot,\nappoint an administrator of the community corporation, or remove or replace an administrator previously appointed.\n\t(2)\tAn administrator has, while the appointment remains in force, full and exclusive power to administer the affairs of the community corporation (including power to do anything for which a special or unanimous resolution of the corporation is required).\n\t(3)\tThe administrator must comply with any directions that the court may give from time to time.\n\t(4)\tThe remuneration of an administrator will be fixed by the court and is payable from the corporation's funds.\n\t(5)\tThe administrator may, by written instrument, delegate any of his or her powers.\n\t(6)\tA delegation under subsection (5)—\n\t(a)\tmay be made on such conditions as the administrator thinks fit; and\n\t(b)\tis revocable at will; and\n\t(c)\tdoes not derogate from the power of the administrator to act in any matter personally.\n\t(7)\tA person to whom powers have been delegated under subsection (5) who has a direct or indirect pecuniary interest in any matter in relation to which he or she proposes to exercise delegated powers must disclose the nature of the interest in writing to the administrator.\n\t(8)\tIt is a defence to a charge of an offence against subsection (7) to prove that the defendant was not, at the time of the alleged offence, aware of his or her interest in the matter.\n\t(9)\tA person who—\n\t(a)\tis appointed as an administrator; or\n\t(b)\tis removed or replaced as an administrator,\nmust, within 14 days, give the Registrar-General written notice of his or her appointment, removal or replacement together with such supporting evidence as the Registrar-General requires.\n\t(10)\tThe Registrar-General must file the notice with the plan of community division.\n","sortOrder":14},{"sectionNumber":"Part 10","sectionType":"part","heading":"Property management","content":"Part 10—Property management\nDivision 1—Powers of corporation to maintain integrity of the community scheme\n101—Power to enforce duties of maintenance and repair etc\n\t(1)\tA community corporation may, by notice in writing to the owner of a lot, require the owner—\n\t(a)\tto carry out specified work in pursuance of a duty of maintenance or repair imposed on the owner by this Act or the by-laws;\n\t(b)\tto carry out specified work to remedy—\n\t(i)\ta breach of this Act or the by-laws by the owner or a former owner or an occupier or former occupier of the lot; or\n\t(ii)\ta situation that is likely to result in a breach of this Act or the by‑laws;\n\t(c)\tto carry out specified work required to be carried out on the lot by a council or other public authority.\n\t(2)\tSubject to subsection (4), if the owner of a lot does not comply with a requirement imposed under this section within the time allowed in the notice, a person or persons authorised by the corporation may (using such force as may be reasonably necessary in the circumstances) enter the lot and carry out the specified work.\n\t(3)\tA power of entry must not be exercised under subsection (2) unless the owner and the occupier of the lot have been given at least 2 days notice in writing of the proposed entry.\n\t(4)\tA person must not use force to enter a strata lot or a building on any other lot under subsection (2) except pursuant to an order of the Magistrates Court authorising the entry.\n\t(4a)\tDespite any other provision of this section, an officer of a community corporation or a person or persons authorised by a community corporation may, if satisfied that urgent action is necessary to avert a risk of death or injury or significant damage to property, enter a lot (using such force as may be reasonably necessary in the circumstances) and carry out such work as is reasonably necessary to deal with the risk.\n\t(4b)\tA person proposing to enter a lot in accordance with subsection (4a) must give such notice (if any) to the owner and occupier of the lot as he or she considers reasonable in the circumstances.\n\t(5)\tAny cost reasonably incurred by the corporation in having work carried out under this section may be recovered as a debt from the owner of the lot.\n\t(6)\tWhere—\n\t(a)\t—\n\t(i)\tthe owner of a lot incurs costs in complying with a notice under subsection (1); or\n\t(ii)\tthe corporation recovers costs from the owner of a lot under subsection (5); and\n\t(b)\tthe circumstances out of which the work was required are attributable to the act or default of another person,\nthe owner of the lot may recover those costs from that other person as a debt.\n\t(7)\tWhere a community parcel is subject to a leaseback arrangement, this section applies to, and in relation to, the lessee instead of the owners of the community lots.\n102—Alterations and additions in relation to strata schemes\n\t(1)\tSubject to subsection (1a), a person must not carry out prescribed work in relation to a strata lot unless the person is authorised to do so—\n\t(a)\twhere each of the lots comprised in the strata scheme is used, or is intended to be used, solely or predominantly for non-residential purposes—by the by‑laws of the strata scheme; or\n\t(b)\tin any other case—by special resolution of the community corporation.\n\t(1a)\tSubsection (1) does not apply to—\n\t(a)\tprescribed work carried out in compliance with a direction under section 23 of the Housing Improvement Act 1940; or\n\t(b)\tprescribed work carried out on a lot in a strata scheme consisting only of 2 lots if the work is approved development under the Planning, Development and Infrastructure Act 2016.\n\t(1b)\tWhere a person carries out prescribed work referred to in subsection (1a)(b), the corporation may, by notice in writing to the owner of the lot, require the owner to carry out, within a reasonable period fixed in the notice, specified work to remedy any structural deficiency caused by the work.\n\t(2)\tWhere a person acts in contravention of subsection (1), the corporation may, by notice in writing to the owner of the lot, require him or her to carry out, within a reasonable period fixed in the notice, specified work—\n\t(a)\tto remedy any structural deficiency caused by the work; or\n\t(b)\tto restore the lot to its previous state.\n\t(3)\tIf the owner of a lot does not comply with a requirement imposed under this section within the time allowed in the notice, a person or persons authorised by the corporation may enter the lot and carry out the specified work.\n\t(4)\tA power of entry must not be exercised under subsection (3) unless the owner of the lot has been given reasonable notice of the proposed entry.\n\t(5)\tA person may only use force to enter a lot under subsection (3) pursuant to an order of the Magistrates Court authorising the entry.\n\t(6)\tAny cost reasonably incurred by the corporation in having work carried out under this section may be recovered as a debt from the owner of the lot.\n\t(7)\tIn this section—\nprescribed work in relation to a lot means—\n\t(a)\tthe erection, alteration, demolition or removal of a building;\n\t(b)\tthe alteration of the external appearance of a building.\nDivision 2—Insurance\n103—Insurance of buildings etc by community corporation\n\t(1)\tA community corporation must insure—\n\t(a)\tthe buildings and other improvements (if any) on the common property; and\n\t(b)\tin the case of a strata scheme—the building or buildings divided by the strata plan.\n\t(2)\tThe insurance—\n\t(a)\tmust be against risks that a normally prudent person would insure against and risks that are prescribed by regulation; and\n\t(b)\tmust be for the full cost of replacing the buildings or improvements with new materials; and\n\t(c)\tmust cover incidental costs such as demolition, site clearance and architect's fees.\n\t(3)\tIn the event of a claim, any excess or shortfall resulting from under insurance must be met by the corporation.\n104—Other insurance by community corporation\n\t(1)\tA community corporation must insure itself—\n\t(a)\tagainst risks that a normally prudent person would insure against; and\n\t(b)\tagainst such other risks as are prescribed by regulation.\n\t(2)\tThe amount of the insurance must be the amount that a normally prudent person would insure for but in the case of bodily injury must be at least ten million dollars or such greater amount as is prescribed by regulation.\n\t(3)\tA community corporation (other than a corporation of a kind prescribed by regulation) must maintain fidelity guarantee insurance complying with the requirements prescribed by the regulations.\n\t(4)\tThe Minister may, by notice in the Gazette, exempt community corporations from compliance with subsection (3) for such period as the Minister thinks fit.\n\t(5)\tAn exemption granted by the Minister—\n\t(a)\tmay be subject to conditions specified in the notice of exemption; and\n\t(b)\tmay be varied or revoked by the Minister at any time by subsequent notice in the Gazette.\n105—Application of insurance money\nA community corporation must, subject to a unanimous resolution to the contrary, apply money received by it under a policy of insurance and any excess or shortfall that it is required to meet in making good the loss in respect of which the money was paid.\n106—Insurance to protect easements\n\t(1)\tWhere support or shelter required by an easement pursuant to this Act is provided by a building situated on a lot, the owner of the lot must insure the building against risks that a normally prudent person would insure against for the full cost of replacing the building with new materials and must insure against incidental costs such as demolition, site clearance and architect's fees.\n\t(2)\tA person who is required by subsection (1) to insure a building must provide such evidence as is required by the regulations of his or her compliance with that requirement—\n\t(a)\tto the community corporation as soon as practicable after complying with that requirement and after any subsequent change to the terms and conditions of the insurance policy; and\n\t(b)\tif a request is made by an owner or prospective owner, or the registered mortgagee or prospective mortgagee, of a community lot or a development lot that benefits from the easement—to the person making the request within 5 business days after the making of the request.\n107—Offences relating to failure to insure\n\t(1)\tThe developer must take out the insurance required by this Division in respect of a community scheme for the benefit of the community corporation before the plan of community division is deposited in the Lands Titles Registration Office and must maintain that insurance in force for at least 6 months after the deposit of the plan.\n\t(2)\tA person who owns a community lot must not enter into a contract to sell the lot unless—\n\t(a)\tthe insurance required to be taken out under this Division by or on behalf of the community corporation has been taken out and is in force; or\n\t(b)\tthe owner, or a person acting on behalf of the owner, has, before the purchaser signs the contract, served personally on the purchaser a written statement that the insurance required to be taken out under this Division by or on behalf of the corporation has not been taken out or is no longer in force.\n\t(3)\tThe owner of a secondary lot must not enter into a contract to sell the lot unless—\n\t(a)\tthe insurance required to be taken out under this Division by or on behalf of the primary community corporation has been taken out and is in force; or\n\t(b)\tthe owner, or a person acting on behalf of the owner, has, before the purchaser signs the contract, served personally on the purchaser a written statement that the insurance required to be taken out under this Division by or on behalf of the primary corporation has not been taken out or is no longer in force.\n\t(4)\tThe owner of a tertiary lot must not enter into a contract to sell the lot unless—\n\t(a)\tthe insurance required to be taken out under this Division by or on behalf of the primary and secondary corporations has been taken out and is in force; or\n\t(b)\tthe owner, or a person acting on behalf of the owner, has, before the purchaser signs the contract, served personally on the purchaser a written statement that the insurance required to be taken out under this Division by or on behalf of the primary and secondary corporations has not been taken out or is no longer in force.\n1\tIt is a defence to a charge of an offence against this Act for the defendant to prove that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence—see section 153.\n108—Right to inspect policies of insurance\n\t(1)\tThe owner, and a prospective owner, of a community lot or a development lot and the registered mortgagee, and a prospective mortgagee, of a community lot or a development lot are entitled to inspect policies of insurance that are in force and were taken out by or on behalf of the community corporation.\n\t(2)\tThe owner, and a prospective owner, of a secondary lot or a development lot in a secondary scheme and the registered mortgagee, and a prospective mortgagee, of a secondary lot or a development lot in a secondary scheme are entitled to inspect policies of insurance that are in force and were taken out by or on behalf of the primary community corporation.\n\t(3)\tThe owner, and a prospective owner, of a tertiary lot or a development lot in a tertiary scheme and the registered mortgagee, and a prospective mortgagee, of a tertiary lot or a development lot in a tertiary scheme are entitled to inspect policies of insurance that are in force and were taken out by or on behalf of the primary or secondary corporation.\n\t(4)\tA request made under this section for the inspection of policies of insurance must be complied with within 5 business days after the making of the request.\n109—Insurance by owner of lot\n\t(1)\tNothing in this Act limits the right of the owner of a lot to effect insurance in respect of the lot.\n\t(2)\tA contract of insurance may be entered into by the owner of a lot in respect of damage to the lot or to a building or other improvement on the lot for an amount equal to the amount secured at the date of the contract by mortgages over the lot.\n\t(3)\tWhere a contract of insurance of the kind referred to in subsection (2) is in force—\n\t(a)\tpayment must be made by the insurer under the contract to the mortgagees whose interests are noted in the contract in order of their respective priorities, subject to the terms and conditions of the contract;\n\t(b)\tsubject to the terms and conditions of the contract, the insurer is liable to pay under the contract—\n\t(i)\tthe amount stated in the contract; or\n\t(ii)\tthe amount of the damage; or\n\t(iii)\tthe amount sufficient, at the date of the payment, to discharge the mortgages noted in the contract,\nwhichever is the least amount.\n\t(4)\tWhere the amount so paid by the insurer equals the amount necessary to discharge a mortgage over the lot, the insurer is entitled to an assignment of that mortgage and where the amount is less than the amount necessary to discharge a mortgage over the lot, the insurer is entitled to obtain from the mortgagee a transfer of a proportion of the mortgagee's interest in the mortgage equal to the proportion that the amount of the payment bears to the amount owing under the mortgage immediately before the payment.\n\t(5)\tMoney received under any such contract of insurance is not liable to be brought into contribution with any other money received under another contract of insurance, except where the other contract of insurance—\n\t(a)\tis in respect of damage to the same lot; and\n\t(b)\trelates to the same mortgage debt.\nDivision 3—Easements\n110—Easements\n\t(1)\tA community corporation may, if authorised to do so by a unanimous resolution of the corporation, grant an easement over the common property or consent to the extinguishment of an easement that was granted for the benefit of the common property.\n\t(2)\tA corporation may, by ordinary resolution, accept the grant of an easement for the benefit of the common property or consent to the extinguishment of an easement over the common property.\nDivision 4—Leasing of common property and lots\n111—Limitations on leasing of common property and lots\n\t(1)\tA right to occupy the whole or a part of the common property to the exclusion of all or some of the owners or occupiers of the community lots—\n\t(a)\tmay be granted by the corporation pursuant to a unanimous resolution of the corporation; and\n\t(b)\tmust not be granted contrary to the scheme description.\n\t(2)\tA right to occupy the whole or a part of the common property or a lot—\n\t(a)\tmust not be granted contrary to the by-laws;1 and\n\t(b)\tin the case of the common property or a lot in a secondary scheme—must not be granted contrary to the by-laws of the primary scheme; and\n\t(c)\tin the case of the common property or a lot in a tertiary scheme—must not be granted contrary to the by-laws of the primary or secondary scheme.\n1\tThe only restriction that the by-laws can impose in relation to the leasing or occupancy of a lot relates to short term occupancy—see section 37(2).\n","sortOrder":15},{"sectionNumber":"Div 5","sectionType":"division","heading":"Acquisition of property for benefit of owners and occupiers of lots","content":"Division 5—Acquisition of property for benefit of owners and occupiers of lots\n112—Acquisition of property\n\t(1)\tA community corporation may—\n\t(a)\tacquire a freehold or leasehold interest in land; or\n\t(b)\tacquire a licence or concession related to land; or\n\t(c)\tacquire an interest in personal property,\nfor the use and enjoyment of all or some of the owners and occupiers of its community lots and (where applicable) the community lots of a secondary or tertiary scheme that comprises part of its scheme.\n\t(2)\tWhere a corporation has acquired a freehold interest in land outside the community parcel it may (but is not obliged to) apply to the Registrar-General under Part 7 for the amendment of the community plan to include the land in the community parcel.\n\t(3)\tAn acquisition under subsection (1) must—\n\t(a)\tin the case of the acquisition of a freehold or leasehold interest in a lot—be authorised by a unanimous resolution of the corporation;\n\t(b)\tin any other case—be authorised by a unanimous resolution or a special resolution depending on—\n\t(i)\twhether the cost of acquisition is above or below the amount prescribed by regulation;\n\t(ii)\tany other factors prescribed by regulation.\n","sortOrder":16},{"sectionNumber":"Part 11","sectionType":"part","heading":"Financial management","content":"Part 11—Financial management\nDivision 1—General\n113—Statement of expenditure etc\n\t(1)\tA statement setting out the following information must be presented by a community corporation to each annual general meeting of the corporation—\n\t(aa)\tproposed expenditure (other than recurrent expenditure) for the period prescribed by the regulations for the purposes of this paragraph (which must not exceed 5 years); and\n\t(a)\tthe estimated expenditure of a recurrent nature and the estimated expenditure of a non-recurrent nature to be made by the corporation in the current financial year; and\n\t(b)\tthe estimated expenditure in future years for which funds should be raised now and held in reserve; and\n\t(c)\tthe amount to be raised by way of contributions from the owners of community lots to cover the expenditure referred to in paragraphs (a) and (b).\n\t(1a)\tNew information must be prepared for the purposes of subsection (1)(aa) at the times prescribed by regulation.\n\t(2)\tThe developer must present a statement in accordance with subsection (1) to the first statutory general meeting of the community corporation.\n\t(3)\tA statement presented to a meeting in accordance with this section forms part of the minutes of the meeting.\n\t(4)\tThe regulations may exclude a community corporation of a specified class from the operation of subsections (1)(aa) and (1a).\n114—Contributions by owners of lots\n\t(1)\tA community corporation must, in general meeting, fix the amount it requires by way of contributions from the owners of community lots.\n\t(2)\tThe amount must be fixed by an ordinary resolution of the corporation and not by the management committee.\n\t(3)\tSubject to this Act, the share of an amount fixed under subsection (1) to be contributed by the owner of each lot is proportional to the lot entitlement of the lot unless otherwise provided by a unanimous resolution of the corporation.\n\t(4)\tA corporation may, by ordinary resolution—\n\t(a)\tpermit contributions to be paid in instalments specified in the resolution;\n\t(b)\tfix (in accordance with the regulations) interest payable in respect of a contribution, or an instalment of a contribution, that is in arrears.\n\t(5)\tA contribution, or an instalment of a contribution, is payable on the day specified for payment in a notice served by the corporation on the owner of the lot.\n\t(6)\tThe notice must—\n\t(a)\tinclude information required by regulation; and\n\t(b)\tbe served on the owner at least 14 days before the date for payment.\n\t(7)\tPayment of a contribution, instalment or interest is enforceable jointly and severally against the owner or owners of the lot and the subsequent owner or owners of the lot.\n\t(8)\tA contribution, instalment or interest may be recovered as a debt.\n\t(9)\tWhere a leaseback arrangement is in force, the lessee and not the owners of the lots that are subject to the leases comprising the leaseback arrangement must pay the amount of the contribution.\n\t(10)\tIf the community corporation carries out work at the request, or with the consent, of the owner of a lot and the work wholly or substantially benefits that lot to the exclusion of the other lots, the corporation may, subject to any agreement to the contrary, recover the cost of that work as a debt from the owner of the lot.\n\t(11)\tWhere a debt referred to in subsection (10) is recoverable from the owners of two or more lots, they are liable jointly and severally for the debt and are entitled to contribution amongst each other in proportion to their respective lot entitlements.\n\t(12)\tAn amount paid by a person under this section is not recoverable by the person from the corporation when he or she ceases to be the owner of the lot.\n115—Cases where owner not liable to contribute\n\t(1)\tThe owner of a community lot to whom the community corporation is under a financial or other obligation cannot be required to contribute to the satisfaction of that obligation by the corporation.\n\t(2)\tWhere a primary corporation is under a financial or other obligation to the owner of a secondary or tertiary lot comprising part of the primary scheme or a secondary corporation is under a financial or other obligation to the owner of a tertiary lot comprising part of the secondary scheme, the owner of the lot cannot be required to contribute to the contribution to be made by the secondary or tertiary corporation to the satisfaction of that obligation.\n\t(3)\tWhere the owner of a community lot and the community corporation were parties to proceedings before a court or other tribunal and the corporation has been ordered to pay the owner's costs or the corporation and the owner are to bear their own costs, the owner of the lot cannot be required to contribute to the payment by the corporation of the corporation's costs in those proceedings.\n\t(4)\tWhere a primary corporation and the owner of a secondary or tertiary lot comprising part of the primary scheme or a secondary corporation and the owner of a tertiary lot comprising part of the secondary scheme were parties to proceedings before a court or other tribunal and the corporation has been ordered to pay the owners costs or the corporation and the owner are to bear their own costs, the owner of the lot cannot be required to contribute to any contribution to be made by the secondary or tertiary corporation to the payment of the corporation's costs.\n116—Administrative and sinking funds\n\t(1)\tA community corporation must establish an administrative fund and a sinking fund.\n\t(2)\tSubject to subsection (3), non-recurrent expenditure1 must be made from the sinking fund and all other expenditure of the corporation must be made from the administrative fund.\n\t(3)\tExpenditure must not be made from a fund to satisfy a financial or other obligation to the owner of a lot who cannot be required to contribute to that expenditure2 or to pay legal costs that the owner of the lot cannot be required to contribute to3, if the expenditure, or part of the expenditure can be traced to a contribution made by the owner of the lot directly or, where he or she is the owner of a secondary or tertiary lot, by way of a contribution made by the secondary or tertiary corporation.\n\t(4)\tSubject to this section, contributions of owners of lots and other money4 received by a corporation must be credited to the administrative or sinking fund according to the purpose for which the money will be used.\n\t(5)\tMoney received on sale of assets of a corporation must be credited to the sinking fund.\n\t(6)\tAll money to be credited to a fund must—\n\t(a)\tbe paid into an account in the corporation's name at an ADI or at any other financial institution prescribed by regulation; or\n\t(b)\tif the corporation has delegated its power to receive and hold money to another person, be paid into a trust account held by that person at an ADI or at any other financial institution prescribed by regulation.\nExplanatory Notes—\n1\tNon-recurrent expenditure is expenditure for a particular purpose that is normally made less frequently than once a year. See the definitions of recurrent and non-recurrent in section 3.\n2\tSee section 115(1).\n3\tSee section 115(3).\n4\tFor example, an insurance claim or income received from investment of the fund.\n117—Disposal of excess money in funds\nIf, in the opinion of a community corporation, more money than is required by the corporation is held in the administrative fund or the sinking fund, the excess may, by special resolution of the corporation, be—\n\t(a)\ttransferred to the other fund; or\n\t(b)\tdistributed between the owners of the community lots in proportion to the lot entitlements of their respective lots.\n118—Power to borrow\nA community corporation may borrow money or obtain other forms of financial accommodation and may, subject to this Act or to the regulations, give such security for that purpose as it thinks fit.\n119—Limitation on expenditure\nExpenditure of an amount exceeding the amount prescribed for that purpose by regulation must not be made by a corporation unless the expenditure has been specifically authorised by an ordinary, special or unanimous resolution of the corporation depending upon the amount involved.\nDivision 2—Agent's trust accounts\n120—Application of Division\nThis Division applies where a community corporation has delegated to a person (the agent) (not being an ADI or other financial institution) power to receive and hold money on its behalf.\n121—Interpretation\nIn this Division, unless the contrary intention appears—\nagent means a person to whom a community corporation has delegated power to receive and hold money on its behalf;\nauditor means a registered company auditor within the meaning of the Corporations Act 2001 of the Commonwealth;\ntrust account means an account in which trust money is required to be deposited by an agent;\ntrust money means money received by an agent on behalf of a community corporation.\n122—Trust money to be deposited in trust account\n\t(1)\tAn agent must, as soon as practicable after receiving trust money, deposit the money in an account authorised by this Division in the name of the agent.\n\t(2)\tAn agent must not pay any money except trust money into the agent's trust account.\n\t(3)\tAn agent must not withdraw, or permit another person to withdraw, money from a trust account except in accordance with this Part.\n\t(4)\tAn agent must, when applying to open a trust account, inform the ADI or other financial institution that the account is to be a trust account for the purposes of this Division.\n123—Withdrawal of money from trust account\nAn agent may withdraw money from a trust account—\n\t(a)\tin exercise of powers delegated to the agent by the community corporation; or\n\t(b)\tin satisfaction of a claim for fees, costs or disbursements (that are authorised by the regulations) that the agent has against the corporation; or\n\t(c)\tto satisfy an order of a court against the corporation; or\n\t(d)\tfor making any other payment authorised by law.\n124—Authorised trust accounts\nAn account at an ADI or at any other financial institution prescribed by regulation that provides for the payment of interest on money held in the account in accordance with the regulations is authorised for the purposes of this Division.\n125—Application of interest\nIf an agent receives money on behalf of two or more community corporations and holds the money in one trust account, interest credited to the trust account must be credited by the agent proportionately to the community corporations on whose behalf the money is held.\n126—Keeping of records\n\t(1)\tAn agent must keep detailed records of all trust money received by the agent and of any disbursement of, or other dealing with, that money and must compile detailed accounts of those receipts and disbursements that—\n\t(a)\taccurately disclose the state of the trust account maintained by the agent; and\n\t(b)\tenable the receipt and disposition of trust money to be conveniently and properly audited; and\n\t(c)\tcomply with all other requirements specified by regulation.\n\t(2)\tIn particular, the agent must, in respect of the receipt of trust money—\n\t(a)\tmake available to the person making payment a receipt that sets out the information specified by regulation in the form specified by regulation; and\n\t(b)\tmake and retain a copy of the receipt as part of the agent's records.\n\t(3)\tAn agent must, at the request of a community corporation, provide the corporation, within 5 business days after the making of the request, with a statement setting out details of dealings by the agent with the corporation's money.\n\t(4)\tAn agent must keep the accounts and records referred to in this section (including copies of receipts under subsection (2)(b)) in a legible written form, or so as to be readily convertible into such a form, for at least five years.\n127—Audit of trust accounts\n\t(1)\tAn agent who maintains a trust account must—\n\t(a)\thave the accounts and records kept under this Division audited by an auditor in respect of each audit period specified by regulation; and\n\t(b)\tforward to the secretary of the community corporation a statement relating to the audit that sets out the information specified by regulation.\n\t(2)\tAn agent who—\n\t(a)\tfails to have accounts and records audited as required; or\n\t(b)\tfails to forward the audit statement to the secretary of the community corporation within the time allowed by or under the regulations,\nis guilty of an offence.\n128—Obtaining information for purposes of audit\n\t(1)\tAn auditor employed by an agent to make an audit of the trust accounts of the agent, may require the agent or any other person in a position to do so—\n\t(a)\tto produce all the accounts (including accounts that are not trust accounts) relating to the business of the agent and all documents and records relating to those accounts, including written records that reproduce in a readily understandable form information kept by computer, microfilm or other process; and\n\t(b)\tto provide any relevant information relating to the operation of the accounts.\n\t(2)\tThe manager or other principal officer of an ADI or other financial institution with which an agent has deposited money, whether in his or her own account or in a general or separate trust account, must, on being required to do so by an auditor employed or appointed to make an audit under this Division, disclose every such account (including all deposit slips, cancelled cheques and other documents relating to the operation of the account) to the auditor.\n\t(3)\tA person who is required by this section to produce documents to an auditor must permit the auditor to make a copy of the whole, or any part, of those documents.\naccount includes a record required to be kept under this Division in relation to the receipt and disposition of trust money;\nagent includes a former agent.\n129—ADIs etc to report deficiencies in trust accounts\nAn ADI or other financial institution with which a trust account has been established must, as soon as practicable, and in any event within 14 days, after becoming aware of a deficiency in that account, report the deficiency to the Minister.\n130—Confidentiality\nAn auditor must not divulge information that has come to his or her knowledge in the course of performing functions under this Act except—\n\t(a)\tto the agent; or\n\t(b)\tto the Minister; or\n\t(c)\tas otherwise required by law.\n131—ADIs etc not affected by notice of trust\n\t(1)\tSubject to subsection (2), an ADI or other financial institution is not affected by notice of a specific trust to which money deposited in a trust account is subject, and is not bound to satisfy itself of the due application of that money.\n\t(2)\tThis section does not relieve an ADI or other financial institution of liability for negligence.\n","sortOrder":17},{"sectionNumber":"Part 12","sectionType":"part","heading":"Obligations of owners and occupiers","content":"Part 12—Obligations of owners and occupiers\n132—Interference with easements and services\n\t(1)\tAn owner or occupier of a lot must not interfere, or permit interference, with support or shelter provided for another lot or for the common property.\n\t(2)\tAn owner or occupier of a lot must not, either within or outside the lot, interfere or permit interference with the service infrastructure or a service provided by means of the service infrastructure in a way that may prejudice the use or enjoyment of another lot or the common property.\n133—Nuisance\nAn owner or occupier of a lot must not use, or permit the use of, the lot or the common property in a way that—\n\t(a)\tcauses a nuisance; or\n\t(b)\tinterferes unreasonably with the use or enjoyment of another lot or the common property by another person who is lawfully on the lot or common property.\n134—Maintenance of lots\n\t(1)\tSubject to this section, the owner of a lot must keep it, and any building or other improvement on the lot, in good order and condition.\n\t(2)\tThe by-laws may require the community corporation and not the owner to undertake the obligations referred to in subsection (1).\n\t(3)\tIf a community parcel is subject to a leaseback arrangement, the lessee and not the owner of a community lot that is subject to a lease comprising the leaseback arrangement must comply with subsection (1).\n\t(4)\tAn occupier of a lot must keep the external part of the lot and of any building or other improvement on the lot in a clean and tidy condition.\n","sortOrder":18},{"sectionNumber":"Part 13","sectionType":"part","heading":"Records, audit and information to be provided by corporation","content":"Part 13—Records, audit and information to be provided by corporation\nDivision 1—Records\n135—Register of owners of lots\n\t(1)\tA community corporation must maintain a register of the names of the owners of the community lots which shows—\n\t(a)\tthe owner's last contact address, telephone number and email address known to the corporation; and\n\t(b)\tthe owner's lot entitlement.\n\t(2)\tA corporation must keep a record of the information used to compile the register for the period required by the regulations.\n136—Records\nA community corporation must—\n\t(a)\tmake proper accounting records of its receipts and expenditure; and\n\t(b)\tmake a record of any notice or order served on the corporation; and\n\t(c)\tmake such other records as are prescribed by the regulations,\nand must keep—\n\t(d)\tthe records referred to in paragraphs (a), (b) and (c); and\n\t(e)\tthe minutes of meetings of the corporation; and\n\t(f)\ta copy of all correspondence received or sent by the corporation; and\n\t(g)\tcopies of all notices of meetings of the corporation and its management committee (if any); and\n\t(h)\tsuch other documentary material as may be prescribed by the regulations,\nfor the period or periods required by the regulations.\n137—Statement of accounts\n\t(1)\tA community corporation must prepare a statement of accounts in respect of each financial year showing—\n\t(a)\tthe assets and liabilities of the corporation at the end of the financial year;\n\t(b)\tthe income and expenditure of the corporation for the financial year.\n\t(2)\tCopies of statements prepared under subsection (1) must be kept by the corporation for the period prescribed by regulation.\nDivision 2—Audit\n138—Audit\n\t(1)\tSubject to subsection (4), a community corporation must have the annual statement of accounts audited unless it is exempted from this requirement by the regulations.\n\t(2)\tThe auditor must be a registered company auditor within the meaning of the Corporations Act 2001 of the Commonwealth.\n\t(3)\tA member of the corporation and any person who has a personal or pecuniary interest in the results of an audit must not be appointed as auditor.\n\t(4)\tAn annual statement of accounts in respect of a financial year need not be audited in any of the following circumstances:\n\t(a)\tif—\n\t(i)\tthe aggregate of the contributions made or to be made by members of the corporation in respect of that year does not exceed the amount prescribed by regulation; and\n\t(ii)\tthe balance standing to the credit of the administrative fund and the sinking fund at the commencement of that year does not exceed the amounts prescribed by regulation;\n\t(b)\tif all community lots are owned by the same person;\n\t(c)\tif—\n\t(i)\tthe community scheme consists only of lots used for residential purposes; and\n\t(ii)\tthere are not more than 6 community lots; and\n\t(iii)\tthe community corporation, by unanimous resolution, resolves not to have the statement of accounts for that financial year audited.\nDivision 3—Information to be provided by corporation\n139—Information to be provided by corporation\n\t(1)\tA community corporation must, on application by or on behalf of the owner or prospective owner or the registered mortgagee or prospective mortgagee of a community lot or a development lot, within 5 business days after the making of the application—\n\t(a)\tprovide a statement setting out—\n\t(i)\tparticulars of any contribution payable in relation to the lot (including details of any arrears of contributions in relation to the lot); and\n\t(ii)\tparticulars of the assets and liabilities of the corporation; and\n\t(iii)\tparticulars of any expenditure that the corporation has incurred, or has resolved to incur, and to which the owner of the lot must contribute, or is likely to be required to contribute; and\n\t(iv)\tparticulars in relation to any other matter prescribed by regulation; and\n\t(b)\tprovide copies of—\n\t(i)\tthe minutes of general meetings of the corporation and meetings of its management committee (if any) for such period, not exceeding two years, specified in the application; and\n\t(ii)\tthe statement of accounts of the corporation last prepared by the corporation; and\n\t(iii)\tcurrent policies of insurance taken out by the corporation; and\n\t(c)\tmake available for inspection such information as is required to establish the current financial position of the corporation including—\n\t(i)\ta copy of the accounting records of the corporation; and\n\t(ii)\tthe minute books of the corporation; and\n\t(iii)\tany other documentary material prescribed by regulation; and\n\t(d)\tif the community corporation is a party to a contract with a body corporate manager—make available for inspection a copy of the contract; and\n\t(e)\tmake available for inspection the register maintained under section 135.\n\t(1a)\tA community corporation must, on application by an owner of a community lot or a development lot provide the applicant, on a quarterly basis, with ADI statements for all accounts maintained by the corporation (and must continue to so provide the statements until the applicant ceases to be an owner or revokes the application).\n\t(1b)\tSubsection (1a) does not apply to a community corporation if a body corporate manager maintains the accounts on behalf of the corporation.\n\t(2)\tAn application under this section must be accompanied by the fee prescribed by regulation.\n\t(3)\tA community corporation must not charge more than the fee prescribed by regulation in respect of a service provided in pursuance of an application under this section.\n\t(4)\tThe application is duly made if given or sent to—\n\t(a)\tthe secretary of the community corporation;\n\t(b)\tif the community corporation has a management committee—any member of the management committee.\n\t(5)\tA person to whom a statement of a community corporation is provided under subsection (1)(a) may, as against the corporation, rely on the statement as conclusive evidence (as at the date of the statement) of the matters contained in the statement.\n140—Information as to higher tier of community scheme\n\t(1)\tThe owner or prospective owner or the registered mortgagee or prospective mortgagee of a secondary lot or a development lot in a secondary scheme may apply to the primary corporation for information under section 139.\n\t(2)\tThe owner or prospective owner or the registered mortgagee or prospective mortgagee of a tertiary lot or a development lot in a tertiary scheme may apply to the primary or secondary corporation for information under section 139.\n\t(3)\tSection 139 will apply to and in relation to an application referred to in subsection (1) or (2) as though the lot concerned were a primary lot instead of a secondary lot or a development lot in a secondary scheme or a primary or secondary lot instead of a tertiary lot or a development lot in a tertiary scheme.\n","sortOrder":19},{"sectionNumber":"Part 14","sectionType":"part","heading":"Resolution of disputes","content":"Part 14—Resolution of disputes\n141—Persons who may apply for relief\nThe following persons may apply for relief under this Part—\n\t(a)\ta community corporation; or\n\t(b)\tthe owner or occupier of a community lot; or\n\t(ba)\ta person who has contracted to purchase a development lot or community lot; or\n\t(c)\tthe owner or occupier of a development lot; or\n\t(d)\tany other person bound by the by-laws of a community scheme except for persons invited to or visiting the community parcel.\n142—Resolution of disputes etc\n\t(1)\tAn application may be made under this section—\n\t(a)\tif the applicant claims that a breach of this Act or of the by-laws of the community scheme has occurred; or\n\t(b)\tif the applicant claims to have been prejudiced, as occupier of a lot, by the wrongful act or default of the community corporation or of a delegate or the management committee of the corporation or of the developer or the owner or occupier of another lot; or\n\t(c)\tif a member of a community corporation claims that a decision of the corporation or a delegate or the management committee of the corporation is unreasonable, oppressive or unjust; or\n\t(d)\tif a dispute arises—\n\t(i)\tbetween a community corporation and a member of the corporation; or\n\t(ii)\tbetween two or more members of a corporation,\nin relation to—\n\t(iii)\tany aspect of the occupation or use of a lot; or\n\t(iv)\tthe position in which a cable, wire, pipe, sewer, drain, duct, plant or equipment should be laid or installed; or\n\t(e)\tfor an order authorising a person to use force to enter a lot or a building on a lot.\n\t(2)\tSubject to this section, an application must be made to the Magistrates Court.\n\t(3)\tA person may, with the permission of the District Court, bring an application under this section in the District Court.\n\t(4)\tThe District Court may, on the application of a party to proceedings under this section that have been commenced in the Magistrates Court, order that the proceedings be transferred to the District Court (and such an order will have effect according to its terms).\n\t(5)\tProceedings should not be commenced in, or transferred to, the District Court under subsection (3) or (4) unless the District Court considers that it is appropriate for the court to deal with the matter by reason of the complexity or significance of the matter.\n\t(6)\tA court may, on its own initiative or on an application by a party to the proceedings—\n\t(a)\ttransfer an application under this section to the Supreme Court on the ground that the application raises a matter of general importance; or\n\t(b)\tstate a question of law for the opinion of the Supreme Court.\n\t(7)\tA court, in hearing and determining an application under this section, should act according to equity, good conscience and the substantial merits of the case, without regard to technicalities and legal forms, and is not bound by the rules of evidence but may inform itself on any matter in such manner as it thinks fit.\n\t(8)\tA court may, in respect of an application under this section—\n\t(a)\tattempt to achieve settlement of the proceedings by agreement between the parties; or\n\t(b)\trequire a party to provide reports or other information for the purposes of the proceedings; or\n\t(ba)\torder a party to have any accounts audited or to reimburse any person for the costs of having any accounts audited; or\n\t(c)\torder that a party take such action as is, in the opinion of the court, necessary to remedy any default, or to resolve any dispute, and is specified in the order; or\n\t(d)\torder that a party refrain from any further action of a kind specified in the order; or\n\t(da)\tmake a declaration as to the validity of—\n\t(i)\tany by‑law or purported by‑law of the corporation; or\n\t(ii)\tany decision or purported decision of the corporation; or\n\t(e)\tby order—\n\t(i)\talter the by-laws of the community scheme (and make any necessary consequential changes to the scheme description and development contracts); or\n\t(ii)\tvary or reverse any decision of the corporation, or of the management committee of the corporation or of a delegate of the corporation; or\n\t(ea)\tvary, avoid or terminate a contract entered into (whether before or after the commencement of this paragraph) between a community corporation and any of the following:\n\t(i)\tthe developer;\n\t(ii)\tan associate of the developer;\n\t(iii)\tthe body corporate manager;\n\t(iv)\tan associate of the body corporate manager; or\n\t(f)\tgive judgment on any monetary claim; or\n\t(g)\tby order determine the position in which a cable, wire, pipe, sewer, drain, duct, plant or equipment is to be laid or installed; or\n\t(h)\tmake orders as to costs; or\n\t(i)\tmake any incidental or ancillary orders.\n\t(9)\tA court should not make an order to alter the by-laws of a community scheme unless—\n\t(a)\tthe corporation is a party to the proceedings or the court is satisfied that the corporation has been given a reasonable opportunity to become a party to the proceedings; and\n\t(b)\tif it appears to the court that the alteration could adversely affect a member of the corporation who is not a party to the proceedings—the court is satisfied that the member has been notified of the possibility that such an order could be made and has been given a reasonable opportunity to make submissions to the court in relation to the matter; and\n\t(c)\tin any event—the court is satisfied that the order is essential to achieving a fair and equitable resolution of the matters in dispute.\n\t(9a)\tA court should not make an order to vary, avoid or terminate a contract entered into between a community corporation and another party unless the court is satisfied that the contract involves a breach of fiduciary duties or other duties under this Act.\n\t(10)\tWhere an application is made under this section and the court is satisfied that an interim order is justified by the urgency of the case, the court may make an interim order to safeguard the position of any person pending its final resolution.\n\t(11)\tAn interim order—\n\t(a)\thas effect for such period as the court may determine and specifies in the order, and may be renewed by the court from time to time; and\n\t(b)\tmay be made or renewed whether or not notice of the application has been given to a respondent; and\n\t(c)\tunless sooner revoked, ceases to have effect on the determination or resolution of an application under this section.\n\t(12)\tThe power to make an order under this section includes the power to vary or revoke an order.\n\t(13)\tA person who fails to comply with an order under this section is guilty of an offence.\n\t(14)\tSubsection (13) does not limit the court's power to punish a person who fails to comply with an order for contempt.\n\t(15)\tA court may decline to proceed with an application under this section if it considers that it would be more appropriate for proceedings to be taken in another court or tribunal constituted by law.\n\t(16)\tRules of court may be made dealing with any matter necessary or expedient for the effective and efficient operation of this section.\n\t(17)\tThe rules for a particular court will be made in the same manner as ordinary rules are made for that court.\n\t(18)\tThis section does not limit or derogate from any civil remedy at law or in equity.\n","sortOrder":20},{"sectionNumber":"Part 15","sectionType":"part","heading":"Miscellaneous","content":"Part 15—Miscellaneous\n142A—Holding of deposit and other contract moneys when lot is pre-sold\n\t(1)\tA person must not sell a lot in a proposed community scheme before the plan of community division is deposited in the Lands Titles Registration Office unless the contract of sale provides, in accordance with any requirements specified in the regulations, for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited.\n\t(2)\tAll consideration payable by the purchaser prior to the deposit of the plan of community division in the Lands Titles Registration Office under a contract referred to in subsection (1) must be paid by the purchaser to the legal practitioner, registered agent or registered conveyancer named or specified in the contract of sale.\n\t(3)\tIn the event of a contravention of subsection (1), the purchaser may, by notice in writing given at any time before the plan of community division is deposited in the Lands Titles Registration Office, avoid the contract of sale.\n\t(4)\tIf the plan of community division is not deposited in the Lands Titles Registration Office—\n\t(a)\twithin such period after the date of the contract as is specified in the contract in accordance with any requirements specified in the regulations; or\n\t(b)\tif the contract does not specify a period in accordance with paragraph (a)—within 6 months after the date of the contract,\nthe purchaser may, by notice in writing to the vendor, avoid the contract of sale at any time before the plan is deposited.\n\t(5)\tDespite a provision of this section, a purchaser cannot avoid a contract of sale under this section if the purchaser has entered into a subsequent contract to sell the lot to another purchaser (unless that contract has been avoided by that purchaser).\n\t(6)\tIf a purchaser avoids a contract of sale, all consideration paid by the purchaser under the contract is recoverable by the purchaser from the legal practitioner, registered agent, registered conveyancer or other person to whom it was paid (but the purchaser may be liable to pay an occupation rent for any period during which he or she was in occupation of the lot or entitled to receive the rents and profits of the lot, if the payment of such rent has been agreed by the purchaser).\n\t(7)\tIn this section—\ndate of the contract means the day on which the contract of sale referred to in subsection (1) was signed or, if the parties signed it on different days, the last of those days;\nregistered agent means a person registered as an agent under the Land Agents Act 1994;\nregistered conveyancer means a person registered as a conveyancer under the Conveyancers Act 1994.\n142B—Developer stands in fiduciary relationship with community corporation\n\t(1)\tFor the avoidance of doubt—\n\t(a)\tthe developer stands in a fiduciary relationship with the community corporation and, before the community corporation is established, with the proposed community corporation; and\n\t(b)\tthe duties owed by the developer under this Act are in addition to, and do not derogate from, the duties arising out of that fiduciary relationship.\n\t(2)\tWithout derogating from subsection (1), where the community corporation intends, during the developer control period, to delegate functions or powers to a body corporate manager or to enter into a contract for services, the developer must exercise reasonable skill, care and diligence and act in the best interests of the community corporation (as it will be constituted after the developer control period ends).\nAn application may be made under section 142 if the developer contravenes this subsection.\n\t(3)\tIn this section—\ndeveloper control period means a period during which—\n\t(a)\tthe community corporation is constituted solely by the developer; or\n\t(b)\tthe developer owns the majority of lots in the community scheme or in any other way controls the voting of the corporation.\n143—Corporation may provide services\n\t(1)\tA community corporation may provide services of a class prescribed by regulation for the benefit of owners and occupiers of the lots of its scheme and the lots of a secondary or tertiary scheme that comprises part of its scheme.\n\t(2)\tThe corporation may charge for the provision of those services subject to any limitations imposed by the regulations.\n144—Preliminary examination of plan by Registrar-General\nThe Registrar-General may, on payment of the fee prescribed by regulation, examine a plan to be lodged with an application under this Act before the application is lodged and, if he or she is satisfied with the plan, approve it for lodging.\n145—Filing of documents with plan\nThe Registrar-General complies with a requirement of this Act to file a document with a plan of community division if he or she makes the document and the plan (or an electronic copy of the document or plan) available for public inspection at the Lands Titles Registration Office.\n145A—Registrar‑General may rely on certificates\nIf a person has, in accordance with this or any other Act, certified as to any matter or thing, the Registrar‑General may, for the purpose of discharging functions under this Act, rely on the certificate as establishing the matter or thing so certified.\n146—Entry onto lot or common property\n\t(1)\tWhere the owner of a lot needs to enter another lot or the common property, or the community corporation needs to enter a lot, in order to exercise rights under an easement for the establishment, maintenance and repair of part of the service infrastructure—\n\t(a)\tthe owner or the corporation must give notice to the owner of the lot to be entered; or\n\t(b)\twhere it is necessary to enter the common property, the owner must give notice to the corporation.\n\t(2)\tNotice is unnecessary—\n\t(a)\tin an emergency if there is insufficient time to give notice; or\n\t(b)\tif the owner of the lot to be entered dispenses with the requirement for notice; or\n\t(c)\tif, in the case of entry to the common property—\n\t(i)\tthe owner has the right to enter; or\n\t(ii)\tthe corporation has dispensed with the requirement for notice.\n\t(3)\tThe length of the notice must be reasonable in the circumstances of the particular case.\n\t(4)\tIf notice is not given (in an emergency) or the period of the notice has expired and it is not possible for the owner or the corporation, or a person acting on his, her or its behalf, to gain entry without using force, the person wishing to enter may use such force as is reasonable in the circumstances.\n\t(5)\tAny damage caused by the use of force must be made good as soon as practicable by the owner or corporation entering the lot or common property unless the need for force was the result of an unreasonable act or omission on the part of the owner of the lot that was entered or, in the case of entry to the common property, on the part of the corporation.\n\t(6)\tIn an emergency the owner or occupier of a lot may enter another lot or the common property to assist a person on the lot or common property or to prevent or reduce damage to the lot or another lot or to the common property.\n\t(7)\tA person who uses force when entering a lot or the common property or a building on a lot or the common property under subsection (6) is not liable for the damage caused if he or she acted reasonably in the circumstances.\n\t(8)\tWhere a primary scheme includes a secondary scheme or a secondary and tertiary scheme, a reference in this section to a lot or common property is a reference to a lot or common property in the primary, secondary or tertiary scheme.\n\t(9)\tA person who is entitled under an Act or any other law to enter a lot is entitled where reasonably necessary to enter the common property in order to gain access to the lot.\n147—Power to require handing over of property\n\t(1)\tA community corporation may by notice in writing to a person who has possession of any record, key, or other property of the corporation require that person to deliver it to an officer of the corporation named in the notice on or before a specified time.\n\t(2)\tA person who fails to comply with a requirement under subsection (1) is guilty of an offence.\nMaximum penalty: $2 000.\n148—Owner of lot under a legal disability\n\t(1)\tThe rights and powers under this Act of the owner of a lot who is under a legal disability may be exercised on his or her behalf by a guardian.\n\t(2)\tIf the owner of a lot—\n\t(a)\tis under a legal disability and does not have a guardian to act on his or her behalf; or\n\t(b)\tcannot be found,\nthe District Court may, on application by the community corporation or any other person with a proper interest, dispense with any consent, approval or vote that would otherwise be required from that person under this Act.\n149—Relief where unanimous or special resolution required\n\t(a)\tthis Act or the by-laws require the passing of a unanimous resolution and the community corporation passes a special or ordinary resolution but not a unanimous resolution; or\n\t(b)\tthis Act or the by-laws require the passing of a special resolution and the corporation passes an ordinary resolution but not a special resolution,\nthe corporation, or a member of the corporation who voted for the resolution or whose vote was cast by another person for the resolution, may apply to the District Court or the Magistrates Court to have the resolution declared sufficient for the purposes of this Act and, if the court makes that order, the resolution will be taken to be a resolution of the kind required by this Act or the by-laws.\n\t(2)\tNotice of an application must be served on—\n\t(a)\tevery person who voted against the resolution and every person who was entitled to exercise the power of voting conferred under this Act but who did not exercise that power in relation to the resolution; and\n\t(b)\tany other person whom the court declares to have a sufficient interest in the proceedings to require that the person should be served with notice of the application,\nand the court may direct that any person served with, or to be served with, notice of the application be joined as a party to the proceedings.\n\t(3)\tThe court should not order a party who opposes an application under this section to pay the costs of a successful applicant unless the court considers the actions of that party in relation to the application were unreasonable.\n149A—Applications to Magistrates Court\nIf an application is made to the Magistrates Court under any provision of this Act (other than an application under section 49(2)), the Magistrates Court Act 1991 applies, with such modifications as may be necessary for the purpose or as may be prescribed, in relation to the application as if the proceedings were a minor civil action within the meaning of that Act.\n150—Stamp duty not payable in certain circumstances\nDuty is not payable under the Stamp Duties Act 1923—\n\t(a)\tin respect of the vesting of common property on the amalgamation of community plans under Part 7 Division 2; or\n\t(b)\tin respect of the vesting of property on the dissolution of a community corporation under Part 7 Division 2 or 3; or\n\t(c)\tin respect of the vesting of land in the owners of the community lots when the land becomes common property on its inclusion in the community parcel under section 112(2).\n151—Destruction or disposal of certain documents\nAny document that is required by this Act to be filed with a plan of community division must be kept by the Registrar-General for at least six years after another document has been substituted in its place or the plan has been cancelled, but after that period has expired the Registrar-General may destroy the document or dispose of it in such manner as he or she thinks fit.\n151A—Liability of community corporation in respect of certification by officer\n\t(1)\tWhere a provision of this Act authorises or requires an officer of a community corporation to certify as to any matter or thing, the officer incurs no civil or criminal liability in respect of an act or omission in good faith in the exercise of that function.\n\t(2)\tA liability that would, but for subsection (1), attach to an officer of a community corporation attaches instead to the corporation.\n152—Commencement of prosecutions\n\t(1)\tA prosecution for an offence against this Act cannot be commenced except by—\n\t(a)\tthe Commissioner for Consumer Affairs; or\n\t(b)\tan authorised officer under the Fair Trading Act 1987; or\n\t(c)\ta person who has the consent of the Minister to commence the prosecution.\n\t(2)\tIn any proceedings, an apparently genuine document purporting to be a certificate of the Minister certifying authorisation of, or consent to, a prosecution for an offence against this Act will be accepted, in the absence of proof to the contrary, as proof of the authorisation or consent.\n153—General defence\nIt is a defence to a charge of an offence against this Act if the defendant proves that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.\n154—Procedure where the whereabouts of certain persons are unknown\n\t(a)\tapplication is made to the Registrar-General under this Act; and\n\t(b)\ta person's consent to the application, or in respect of some other related matter is required; and\n\t(c)\tthe Registrar-General is satisfied by such evidence as the Registrar-General may require—\n\t(i)\tthat the applicant has been unable, after making reasonable inquiries, to ascertain the whereabouts of the person; and\n\t(ii)\tthat the applicant has complied with the notice requirements under subsection (2); and\n\t(iii)\tthat at least 28 days have elapsed since the applicant complied with those requirements; and\n\t(iv)\tthat no objection has been lodged by the person; and\n\t(d)\tthe Registrar-General determines (in his or her absolute discretion) that it is reasonable to proceed without the consent,\nthe person will be taken to have given his or her consent.\n\t(2)\tThe notice requirements referred to in subsection (1)(c)(ii) are that the applicant has—\n\t(a)\tposted to the person whose consent is required, at the last address of the person known to the Registrar-General, a notice containing the information prescribed by regulation; and\n\t(b)\tpublished a copy of the notice in a newspaper circulating generally throughout the State; and\n\t(c)\tin a case involving an encroachment, left a copy of the notice in a conspicuous place on or near the land over which the encroachment has occurred.\n155—Service\n\t(1)\tA notice to be served on a person under this Act may be served as follows—\n\t(a)\tby giving it to the person or an agent of the person; or\n\t(b)\tby leaving it for the person with someone apparently over the age of 16 years at his or her place of residence or at any place at which he or she carries on business; or\n\t(c)\tby posting it to the person at his or her last known address; or\n\t(ca)\tif the person consents to receiving the notice by email—by transmitting the notice by email to the email address provided by the person for that purpose; or\n\t(d)\twhere the person is the owner or occupier of a lot—by fixing the notice in the manner prescribed by regulation in a prominent position on the lot.\n\t(2)\tWhere a notice is to be served on the owner of a lot and the owner has died, the notice may be served on the executor or administrator of the owner's estate or, where an executor or administrator has not been appointed, by fixing the notice in the manner prescribed by regulation in a prominent position on the lot.\n\t(3)\tIf there are two or more owners or occupiers of a lot, a notice will be taken to have been served on all of them if it is served on any one of them.\n\t(4)\tA community corporation must keep—\n\t(a)\ta letter box, with the name of the corporation clearly shown on it, for postal delivery to the corporation at the community parcel; or\n\t(b)\twhere there is no postal delivery to the community parcel—a post office box.\n\t(5)\tA document may be served on the community corporation—\n\t(a)\tby placing it in the corporation's letter box; or\n\t(b)\tby post addressed to the corporation or to the presiding officer, treasurer or secretary at the postal address of the corporation.\n155A—Indemnity fund under Land Agents Act 1994\nMoney standing to the credit of the indemnity fund maintained under section 29 of the Land Agents Act 1994 may be applied by the Commissioner for Consumer Affairs for any of the following purposes:\n\t(a)\tthe costs of investigating compliance with this Act;\n\t(b)\tthe costs of prosecutions for offences against this Act;\n\t(c)\tthe payment of amounts, approved by the Minister and the Minister responsible for the administration of the Land Agents Act 1994, towards the cost of prescribed advisory services or educational programs relating to this Act conducted for the benefit of members of the public.\n155B—Review of operation of Act\nThe Minister must, as soon as is practicable after the second anniversary of the commencement of the Statutes Amendment (Community and Strata Titles) Act 2012 or any provision of that Act—\n\t(a)\tcause a report to be prepared on the operation of this Act insofar as it was amended by the Statutes Amendment (Community and Strata Titles) Act 2012; and\n\t(b)\tcause a copy of the report to be laid before each House of Parliament.\n156—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting subsection (1) the regulations may—\n\t(a)\tprescribe fees payable to the Registrar-General in relation to an application under this Act or in relation to anything to be done by the Registrar-General under this Act;\n\t(b)\trequire a particular provision or a provision of a particular class to be included in, or excluded from, the by-laws of community schemes generally or of a specified class of community scheme;\n\t(c)\tbe of general or restricted application;\n\t(d)\tmay confer discretionary powers;\n\t(da)\tassign specified functions to an officer of a community corporation of a specified class;\n\t(e)\tmay impose a fine (not exceeding $500) for breach of, or non-compliance with, the regulations.\nSchedule—Transitional provisions\n1—Interpretation\nIn this Schedule—\nordinary resolution of a strata corporation means a resolution passed at a properly convened meeting of the corporation by a simple majority of the votes of members present and voting on the resolution.\n2—Election as to application of this Act\n\t(1)\tA strata corporation under the Strata Titles Act 1988 may, by ordinary resolution, decide that this Act and not the Strata Titles Act 1988 will apply to, and in relation to, the corporation and the strata scheme.\n\t(2)\tThe corporation must lodge with the Registrar-General a copy of the resolution (certified in accordance with the regulations to be a true copy) and the Registrar-General must file the resolution with the strata plan.\n\t(3)\tThe following provisions apply from the time at which the resolution is filed with the strata plan—\n\t(a)\tsubject to subclause (5), this Act and not the Strata Titles Act 1988 applies to, and in relation to, the corporation and the strata scheme; and\n\t(b)\tthe strata plan will be taken to be a primary strata plan of community division deposited under this Act and the units created by the plan (including the unit subsidiaries (if any)) will be taken to be primary strata lots having the same boundaries as the units; and\n\t(c)\tthe common property vests in the owners of the lots but duty is not payable under the Stamp Duties Act 1923 in respect of that vesting; and\n\t(d)\tthe strata corporation continues in existence as a primary community corporation under this Act; and\n\t(e)\tthe articles of the strata corporation continue as the by-laws of the community scheme; and\n\t(f)\tthe number of votes that may be cast in respect of each community lot will be determined in accordance with section 87 except where, immediately before the application of this Act, the number of votes in respect of each unit was equivalent to the unit entitlement of the unit and, in that case, the voting entitlement will remain unchanged until one or more of the lots is used solely or predominantly for residential purposes or the by-laws are amended to change the voting entitlement; and\n\t(g)\tthe presiding officer, treasurer and secretary and the members of the management committee (if any) of the strata corporation will continue to hold office after the application of this Act as though this Act were in force when they were appointed and they had been appointed under it; and\n\t(h)\tif an administrator of the strata corporation has been appointed, the administrator will continue to hold office after the application of this Act as though this Act were in force when he or she was appointed and he or she had been appointed under it; and\n\t(i)\tmoney held by the strata corporation immediately before the application of this Act must be paid into the corporation's administrative or sinking fund under this Act according to the purpose for which the money will be used.\n\t(4)\tThe Registrar-General must either—\n\t(a)\tcancel the certificates of title for the strata lots and common property and issue new certificates of title in their place and must state on the new certificates that the strata scheme is subject to this Act; or\n\t(b)\tmake endorsements on the certificates for the strata lots and common property to the effect that this Act and not the Strata Titles Act 1988 applies to, and in relation to, the strata scheme.\n\t(5)\tProceedings commenced under the Strata Titles Act 1988 in relation to, a strata corporation or strata scheme before the application of this Act to, or in relation to the corporation or scheme, may be continued and completed under that Act.\n3—Prescribed building unit schemes\n\t(a)\tland was, before 22 February, 1968, laid out in a building unit scheme consisting of two or more units designed for separate occupation; and\n\t(b)\tas at that date, buildings to which the scheme relates had been erected,\nthe scheme is one to which this clause applies.\n\t(2)\tAn application may be made under this Act for the deposit of a plan of community division in relation to land subject to a scheme to which this clause applies.\n\t(2a)\tWhen deposited the plan will be a primary strata plan of community division even if there is no lot situated above another lot in the building (see section 19).\n\t(3)\tAn application cannot be made under subclause (2) without the consent of—\n\t(a)\tthe person on whom rights to occupation of the units have been conferred under the scheme; and\n\t(b)\tany other person who holds a registered encumbrance (not being an easement) over the land; and\n\t(c)\tany company formed to administer the scheme.\n\t(4)\tWhere a community plan is deposited in pursuance of an application under this clause—\n\t(a)\tthe scheme is terminated;\n\t(b)\tall registered encumbrances (except easements and statutory encumbrances) that had been entered on the certificate for the land are extinguished and any related instrument is discharged (although the Registrar-General will, on due application being made, register any instrument in substitution for any instrument that is cancelled by the operation of this paragraph and may note a caveat on the title without the permission of the Court);\n\t(c)\tthe certificate for the community lots will be issued in the names of the persons who were entitled to occupation of the units under the scheme;\n\t(d)\tthe assets and liabilities of any company formed to administer the scheme are transferred to the community corporation.\nLegislative history\nNotes\n\t•\tThis version is comprised of the following:\nSchedule\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Community Titles Act 1996\n9.5.1996\n4.11.1996 (Gazette 31.10.1996 p1460)\n Financial Sector Reform (South Australia) Act 1999\n17.6.1999\nSch (item 11)—1.7.1999 being the date specified under section 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2) \n Community Titles (Miscellaneous) Amendment Act 2001\n12.4.2001\n7.4.2003 (Gazette 20.2.2003 p696)\n Statutes Amendment (Corporations) Act 2001\n14.6.2001\nPt 9 (ss 28—30)—15.7.2001 being the day on which the Corporations Act 2001 of the Commonwealth came into operation: Commonwealth of Australia Gazette No. S 285, 13 July 2001 (Gazette 21.6.2001 p2270)\n Statutes Amendment (New Rules of Civil Procedure) Act 2006\n6.7.2006\nPt 18 (ss 63 & 64)—4.9.2006 (Gazette 17.8.2006 p2831)\n Statutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 16 (s 52)—1.6.2007 (Gazette 26.4.2007 p1352)\n Statutes Amendment (Real Property) Act 2008\n8.5.2008\nPt 3 (ss 5—32)—1.6.2009 (Gazette 28.5.2009 p1843)\n Statutes Amendment (Community and Strata Titles) Act 2012\n12.4.2012\nPt 2 (new s 155A (as inserted by s 44))—18.7.2013; ss 4—43, new s 155B (as inserted by s 44), 45 & Sch 1—28.10.2013 (Gazette 18.7.2013 p3075)\n Statutes Amendment (Attorney-General's Portfolio) Act 2013\n18.4.2013\nPt 2 (s 4)—28.10.2013 immediately after 8/2012 s 8 (Gazette 6.6.2013 p2498)\n Real Property (Electronic Conveyancing) Amendment Act 2016\n16.6.2016\nSch 2—4.7.2016 (Gazette 30.6.2016 p2761)\n Statutes Amendment (Planning, Development and Infrastructure) Act 2017\n28.2.2017\nPt 8 (ss 20 to 26)—19.3.2021 (Gazette 4.3.2021 p823)\n Statutes Amendment (Strata Schemes) Act 2021\nPt 2 (s 3)—9.12.2021\n Biodiversity Act 2025\n26.6.2025\nSch 5 (cl 10)—uncommenced\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 3\n\ns 3(1)\n\nbody corporate manager\ninserted by 8/2012 s 4(1)\nbuilding\nsubstituted by 8/2012 s 4(1)\nbusiness day\ninserted by 8/2012 s 4(1)\nby-laws\nsubstituted by 8/2012 s 4(1)\ndomestic partner\ninserted by 43/2006 s 52(1)\nERD Court\ninserted by 8/2012 s 4(2)\nfirst statutory general meeting\ninserted by 8/2012 s 4(3)\nholder\ninserted by 12/2008 s 5(1)\n\namended by 5/2017 s 20(1)\nrelative\namended by 43/2006 s 52(2)\nrelevant development authority\namended by 5/2017 s 20(2)\nofficer\ninserted by 12/2008 s 5(2)\nschedule of lot entitlements\namended by 12/2008 s 5(3)\nspecial resolution\namended by 8/2012 s 4(4)\nspouse\ninserted by 43/2006 s 52(3)\nstatutory encumbrance\namended by 12/2008 s 5(4)—(6)\n\namended by 5/2017 s 20(3)\nunanimous resolution\namended by 8/2012 s 4(5)\ns 3(11)\namended by 5/2017 s 20(4)\ns 3(12)\namended by 5/2017 s 20(5)\ns 3(13)\ninserted by 8/2001 s 3\ns 4\n\ns 4(1)\namended by 8/2012 s 5\nPt 2\n\ns 13\n\ns 13(1)\namended by 12/2008 s 6(1)\ns 13(2)\namended by 12/2008 s 6(2)\ns 13(3)\namended by 12/2008 s 6(3)\nPt 3\n\ns 14\n\ns 14(4)\n(e) deleted by 12/2008 s 7(1)\n\namended by 12/2008 s 7(2), (3)\n\ns 14(5)\namended by 12/2008 s 7(4)\ns 14(5a)\ninserted by 12/2008 s 7(5)\n\namended by 5/2017 s 21(1)\ns 14(6)\namended by 5/2017 s 21(2)\ns 15A\ninserted by 12/2008 s 8\ns 16\n\ns 16(3)\ninserted by 12/2008 s 9\ns 23\n\ns 23(1)\namended by 8/2001 s 4\ns 23(6)\nsubstituted by 12/2008 s 10(1)\ns 23(7)\namended by 12/2008 s 10(2)\nPt 4\n\ns 30\n\ns 30(1)\namended by 12/2008 s 11\n\namended by 5/2017 s 22\ns 31\n\ns 31(3)\namended by 12/2008 s 12\nPt 5\n\ns 34\n\ns 34(2)\namended by 12/2008 s 13\ns 34(3)\namended by 8/2012 s 6(1), (2)\ns 34(6)\nsubstituted by 8/2012 s 6(3)\ns 34(7)—(9)\ninserted by 8/2012 s 6(3)\ns 35\n\ns 35(1)\namended by 8/2012 s 7\ns 36\n\ns 36(5)\namended by 8/2001 s 5\ns 37\n\ns 37(1)\namended by 11/2013 s 4(1), (2)\ns 37(2)\nsubstituted by 8/2012 s 8\ns 37(3)\ninserted by 11/2013 s 4(3)\ns 38\n\ns 38(2)\nsubstituted by 8/2012 s 9\ns 38(3)\ninserted by 8/2012 s 9\ns 39\n\ns 39(5a)\ninserted by 12/2008 s 14\nPt 6\n\ns 47\n\ns 47(2)\namended by 12/2008 s 15\n\namended by 5/2017 s 23\ns 47(6)\ninserted by 8/2012 s 10\ns 49\n\ns 49(2)\namended by 8/2012 s 11(1)\ns 49(2a) and (2b)\ninserted by 8/2012 s 11(2)\ns 50\n\ns 50(7)\nsubstituted by 12/2008 s 16\nPt 7\n\ns 52\n\ns 52(1)\nsubstituted by 12/2008 s 17(1)\ns 52(1a)\ninserted by 12/2008 s 17(1)\ns 52(2)\namended by 12/2008 s 17(2)—(4)\ns 52(3a)\ninserted by 12/2008 s 17(5)\ns 52(4)\n(e) deleted by 12/2008 s 17(6)\n\namended by 12/2008 s 17(7)\n\n(b) deleted by 29/2016 Sch 2\ns 52(5a)\ninserted by 12/2008 s 17(8)\n\namended by 5/2017 s 24(1)\ns 52(6)\namended by 5/2017 s 24(2)\ns 53\n\ns 53(1)\namended by 12/2008 s 18\ns 53A\ninserted by 12/2008 s 19\ns 54\n\ns 54(3)\namended by 5/2017 s 25\ns 55\n\ns 55(1)\namended by 12/2008 s 20\ns 58\n\ns 58(3)\n(d) deleted by 12/2008 s 21(1)\n\namended by 12/2008 s 21(2)\n\ns 58(4)\namended by 12/2008 s 21(3)\ns 58(4a)\ninserted by 12/2008 s 21(4)\n\namended by 5/2017 s 26(1)\ns 58(4b)\ninserted by 12/2008 s 21(4)\n\namended by 5/2017 s 26(2)\ns 58(7)\ninserted by 8/2001 s 6\n\ns 59\n\ns 59(1)\namended by 8/2012 s 12(1)\ns 59(3a) and (3b)\ninserted by 8/2012 s 12(2)\ns 59(4)\namended by 8/2012 s 12(3)\ns 60\n\ns 60(3)\namended by 12/2008 s 22(1), (2)\n\n(b) deleted by 29/2016 Sch 2\ns 64\n\ns 64(1)\namended by 8/2012 s 13\ns 65\namended by 12/2008 s 23\n\ns 67\n\ns 67(1)\namended by 8/2012 s 14(1)\ns 67(1a) and (1b)\ninserted by 8/2012 s 14(2)\ns 67(2)\namended by 12/2008 s 24\n\namended by 8/2012 s 14(1)\n\n(e) deleted by 29/2016 Sch 2\ns 69\n\ns 69(1) and (2)\namended by 8/2012 s 15\ns 69(3)\namended by 12/2008 s 25(1)\ns 69(4)\namended by 12/2008 s 25(2)\ns 69(5)\nPt 9\n\nPt 9 Div 1\n\ns 75\n\ns 75(5)\namended by 8/2012 s 16(1)\ns 75(6)—(9)\ndeleted by 8/2012 s 16(2)\ns 78\nsubstituted by 23/2001 s 28\nPt 9 Div 1A\ninserted by 8/2012 s 17\nPt 9 Div 2\n\ns 79\n\ns 79(1)\namended by 8/2012 s 18(1)\ns 79(2)\namended by 8/2012 s 18(2)\ns 80\n\ns 80(1)\namended by 8/2012 s 19\n\n(d) deleted by 29/2016 Sch 2\ns 80(2), (2a) and (3)\namended by 8/2012 s 19\ns 81\n\ns 81(1)\namended by 8/2012 s 20(1), (2)\ns 81(2)\namended by 8/2012 s 20(1)\ns 81(2a)\ninserted by 8/2012 s 20(3)\ns 81(5)\namended by 8/2012 s 20(1), (4)\ns 82\n\ns 82(2)\namended by 8/2012 s 21\ns 83\n\ns 83(1)\namended by 8/2012 s 22(1)\ns 83(2)\namended by 8/2012 s 22(2)\ns 83(3a) and (3b)\ninserted by 8/2012 s 22(3)\ns 83(6a)\ninserted by 8/2012 s 22(4)\ns 84\n\ns 84(5)\nsubstituted by 8/2012 s 23(1)\ns 84(5a)\ninserted by 8/2012 s 23(1)\ns 84(6)\namended by 8/2012 s 23(2)\ns 84(6a)\ninserted by 8/2012 s 23(3)\ns 84(9a) and (9b)\ninserted by 8/2012 s 23(4)\ns 84(10a)\ninserted by 8/2012 s 23(5)\ns 85\n\ns 85(1)\nsubstituted by 8/2012 s 24(1)\ns 85(2a) and (2b)\ninserted by 8/2012 s 24(2)\ns 85(3)\namended by 8/2012 s 24(3)\ns 87\n\ns 87(3)\nsubstituted by 8/2012 s 25\ns 87(4)\ninserted by 8/2012 s 25\ns 88\n\ns 88(2)\namended by 8/2012 s 26\nPt 9 Div 4\n\ns 100\n\ns 100(1)\namended by 12/2008 s 26\nPt 10\n\ns 101\n\ns 101(3)\namended by 8/2012 s 27(1)\ns 101(4a) and (4b)\ninserted by 8/2012 s 27(2)\ns 102\n\ns 102(1)\namended by 8/2012 s 28(1)\ns 102(1a)\ninserted by 8/2012 s 28(2)\n\nsubstituted by 53/2021 s 3(1)\ns 102(1b)\ninserted by 53/2021 s 3(1)\ns 102(2)\namended by 53/2021 s 3(2)\ns 104\n\ns 104(3)—(5)\ninserted by 8/2012 s 29\ns 106\n\ns 106(2)\nsubstituted by 8/2012 s 30\ns 108\n\ns 108(1)—(3)\namended by 8/2012 s 31(1), (2)\ns 108(4)\ninserted by 8/2012 s 31(3)\nPt 11\n\ns 113\n\ns 113(1)\namended by 8/2012 s 32(1)\ns 113(1a)\ninserted by 8/2012 s 32(2)\ns 113(2)\namended by 8/2012 s 32(3)\ns 113(3) and (4)\ninserted by 8/2012 s 32(4)\ns 116\n\ns 116(6)\namended by 33/1999 Sch (item 11(a))\ns 120\namended by 33/1999 Sch (item 11(b))\ns 121\namended by 23/2001 s 29\ns 122\n\ns 122(4)\namended by 33/1999 Sch (item 11(c))\ns 124\namended by 33/1999 Sch (item 11(d))\ns 126\n\ns 126(3)\namended by 8/2012 s 33(1), (2)\ns 126(4)\namended by 12/2008 s 27\ns 127\n\ns 127(1)\namended by 8/2012 s 34(1)\ns 127(2)\namended by 8/2012 s 34(2)\ns 128\n\ns 128(2)\namended by 33/1999 Sch (item 11(e))\ns 129\namended by 33/1999 Sch (item 11(f))\ns 131\namended by 33/1999 Sch (item 11(g))\nPt 13\n\ns 135\n\ns 135(1)\nsubstituted by 8/2012 s 35\ns 138\n\ns 138(2)\namended by 23/2001 s 30\ns 138(4)\nsubstituted by 8/2012 s 36\ns 139\n\ns 139(1)\namended by 8/2012 s 37(1), (2)\ns 139(1a) and (1b)\ninserted by 8/2012 s 37(3)\nPt 14\n\ns 141\namended by 8/2012 s 38\ns 142\n\ns 142(1)\namended by 8/2012 s 39(1)\ns 142(2)\nsubstituted by 12/2008 s 28\ns 142(3)\namended by 17/2006 s 63\ns 142(8)\namended by 8/2012 s 39(2)—(5)\ns 142(9a)\ninserted by 8/2012 s 39(6)\ns 142(13)\namended by 8/2012 s 39(7)\nPt 15\n\nss 142A and 142B\ninserted by 8/2012 s 40\ns 144\namended by 8/2001 s 7\ns 145A\ninserted by 12/2008 s 29\ns 149\n\ns 149(1)\namended by 12/2008 s 30(1), (2)\ns 149(2) and (3)\namended by 12/2008 s 30(3)\ns 149A\ninserted by 12/2008 s 31\n\namended by 8/2012 s 41\ns 151A\ninserted by 12/2008 s 32\ns 152\nsubstituted by 8/2012 s 42\ns 154\n\ns 154(1)\ns 155\n\ns 155(1)\namended by 8/2012 s 43\ns 155A\ninserted by 8/2012 s 44\n18.7.2013\ns 155B\ninserted by 8/2012 s 44\ns 156\n\ns 156(2)\namended by 8/2012 s 45\nSch\n\ncl 2\n\ncl 2(4)\nsubstituted by 8/2001 s 8(a)\n\ncl 3\n\ncl 3(2a)\ninserted by 8/2001 s 8(b)\ncl 3(4)\namended by 8/2001 s 8(c)\n\namended by 17/2006 s 64\n\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Community and Strata Titles) Act 2012, Sch 1—Transitional provisions\n1—Delegations made prior to commencement\n\t(1)\tA delegation of functions or powers made by a community corporation before the commencement of section 17 or made by a strata corporation before the commencement of section 53 is revocable as follows:\n\t(a)\tin a case where there is a contract relating to the delegation between the corporation and a body corporate manager—the delegation is revoked on termination or expiry of the contract;\n\t(b)\tin any other case—the delegation is revocable by the corporation at any time by notice given in writing (notwithstanding any agreement to the contrary by the corporation).\n\t(2)\tIn this clause—\nbody corporate manager means a person who carries on a business, or is an employee in a business, that consists of, or includes, acting as a delegate of community corporations under the Community Titles Act 1996 or of strata corporations under the Strata Titles Act 1988.\nHistorical versions\nReprint No 1—1.7.1999\n\nReprint No 2—15.7.2001\n\nReprint No 3—7.4.2003\n\n18.7.2013\n\n","sortOrder":21}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. The Act has grown substantially beyond a simple statutory framework for subdividing land and creating community ownership. Since enactment it has been expanded to regulate: (a) staged development via detailed development‑contract mechanics that bind successors (Part 6); (b) corporate governance and financial regimes including mandatory sinking/administrative funds, trust‑account auditing and professional audit rules (Part 11); (c) consumer protections for pre‑sale deposits, developer fiduciary duties and insurance rules (ss142A, 142B, Part 10); (d) a regulated market for paid body corporate managers with mandatory contract terms, disclosure and insurance (ss78A–78D); and (e) extensive dispute‑resolution powers for courts to vary by‑laws and contracts and to appoint administrators (Part 14, s100). These additions (largely by later amendments cited in the legislative history) turn the Act into an integrated regulatory regime covering title registration, development control integration, governance, finance and professional conduct — substantially broader in scope and administrative detail than the original 1996 statute that primarily provided for division and basic co‑ownership."},"complexity_factors":["Lengthy multi‑part Act (15 Parts + Schedule) with detailed procedural and substantive rules throughout","Extensive interpretation/defined terms section (s3) — many defined concepts (primary/secondary/tertiary, scheme description, development lot, statutory encumbrance, lot entitlement, etc.)","Three‑tier scheme structure (primary/secondary/tertiary) and strata overlay creating nested governance and consent rules (ss7, 19, 30–33)","Numerous cross‑references to other Acts (Real Property Act 1886, Planning, Development and Infrastructure Act 2016 s138, Stamp Duties Act 1923, Corporations Act 2001) increasing external dependencies (s5, s14(5a), s52(5a))","Multiple resolution thresholds and voting rules (ordinary/special/unanimous) with exceptions and developer limitations (ss84–89, 87)","Complex transactional processes for deposit, amendment, amalgamation and cancellation of plans with many required certificates and consents (ss14, 21, 52–59, 60–69)","Financial and trust accounting regime with audit, ADI reporting and detailed penalties for agents (Part 11, ss120–129)","Delegation and professional manager regulation introduces contract, disclosure and insurance obligations (ss78A–78D) and associated offence provisions","Numerous conditional rules and exemptions (e.g. small schemes exempt from scheme description s15; certificate expiry periods, tolerances on lot entitlement ±10% s20) creating nested exceptions and administrative discretion (s15, s20, s14(6), s21(8))"],"plain_english_summary":"This Act creates a legal framework for dividing land into lots and common property via lodged community plans and for running the resulting community corporation — setting developer obligations, governance and voting rules, finances, by‑laws, insurance, maintenance, manager regulation and dispute‑resolution powers. \n\nIt chiefly affects developers, lot owners/occupiers, body‑corporate managers, the Registrar and courts and matters because it allocates costs, control during development, long‑term liabilities and ties title outcomes to planning approvals."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess scope changes — no legislative text was provided. The submission contained only a website error page from the South Australian legislation website, not the Community Titles Act 1996 itself."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 Page Not Found error","Analysis is impossible without the actual text of the Act","Complexity score of 1 reflects the absence of content to analyse, not the simplicity of the underlying law (which, if analysed properly, would likely score 7-8 due to its property law, corporate governance, and dispute resolution provisions)"],"plain_english_summary":"**⚠️ Content Unavailable**\n\nThe actual text of the **Community Titles Act 1996 (SA)** could not be retrieved — the link provided returned a 'Page Not Found' error from the South Australian legislation website.\n\n**What we do know about this Act generally:**\nThe Community Titles Act 1996 is South Australian legislation that governs **community title schemes** — a form of property ownership (similar to strata/unit titles) where people own individual lots within a larger development (like townhouses, apartments, or mixed-use complexes) and share ownership of common areas (like driveways, gardens, or pools).\n\nIt typically affects:\n- **Property buyers and owners** in community title developments\n- **Developers** subdividing land into community lots\n- **Community corporations** (the body that manages shared areas — like a body corporate)\n- **Real estate agents and conveyancers** handling community title transactions\n\n**To access the actual legislation**, visit: [https://www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search for 'Community Titles Act 1996' directly."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":698},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a comprehensive framework for community title schemes. While it has been substantially amended over time (particularly in 2008, 2012, and 2021), these changes have refined and modernised existing mechanisms rather than expanding into new substantive areas. The core structure of three-tier divisions, community corporations, and the balance between developer control and owner governance remains intact."},"complexity_factors":["Three-tier scheme structure (primary/secondary/tertiary) with interlocking governance requirements","47+ defined terms in the interpretation section including complex relational definitions (associates, domestic partners, prescribed associates)","Extensive cross-referencing between Parts—especially between scheme descriptions, by-laws, development contracts, and planning approvals","Nested consent requirements for amendments requiring multiple classes of affected parties (owners, prospective owners, encumbrancees, mortgagees, lessees)","Conditional voting calculations with special rules for developer control periods, residential vs commercial schemes, and 3-lot schemes","Multiple resolution types (ordinary, special, unanimous) with different thresholds and notice requirements","Statutory encumbrances defined by reference to 8+ separate Acts with transitional preservation clauses","Detailed trust account and audit provisions for delegated financial management","Amalgamation and cancellation provisions with cascading effects across tiered schemes","Transitional provisions preserving pre-1996 strata schemes and pre-1968 building unit schemes"],"plain_english_summary":"This is South Australia's **Community Titles Act 1996**, which creates a legal framework for dividing land into shared ownership schemes—similar to strata title arrangements but with more flexibility.\n\n**What it does:**\n- Allows land to be divided into **lots** (private units) and **common property** (shared areas like gardens, driveways, or facilities)\n- Establishes **community corporations**—legal entities that manage the shared property on behalf of all owners\n- Creates a three-tier system: **primary** (first division), **secondary** (subdivision of a primary lot), and **tertiary** (further subdivision) schemes\n- Provides for **strata divisions** where lots have vertical boundaries (like apartments)\n\n**Who it affects:**\n- **Property developers** who create community schemes\n- **Lot owners** who automatically become members of the community corporation\n- **Body corporate managers** who can be hired to handle day-to-day management\n- Anyone living in or buying into community title developments—residential, commercial, or mixed-use\n\n**Key features:**\n- **By-laws** govern how owners can use their lots and common property (covering everything from building appearance to pet rules)\n- **Development contracts** bind developers to complete promised works in staged developments\n- **Lot entitlements** determine voting power and financial contributions\n- **Financial management** requires administrative and sinking funds, with mandatory audits for larger schemes\n- **Dispute resolution** through Magistrates Court, with powers to alter by-laws or remove unfair decisions\n\n**Why it matters:**\nThis Act gives South Australians a way to own property with shared amenities while protecting owners through corporate governance structures, mandatory insurance, and legal accountability for developers. It balances individual property rights with collective decision-making, with special protections for residential schemes against developer dominance."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/community-titles-act-1996","history":"/api/acts/community-titles-act-1996/history","analysis":"/api/acts/community-titles-act-1996/analysis","conflicts":"/api/acts/community-titles-act-1996/conflicts","importantCases":"/api/acts/community-titles-act-1996/important-cases","documents":"/api/acts/community-titles-act-1996/documents"}}