{"id":"community-titles-regulations-2011","name":"Community Titles Regulations 2011","slug":"community-titles-regulations-2011","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235309,"registerId":"sa-community-titles-regulations-2011-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Community Titles Regulations 2011","content":"South Australia\nCommunity Titles Regulations 2011\nunder the Community Titles Act 1996\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tInterpretation\nPart 2—Requirements relating to plans\n4\tPlans and maps to comply with guidelines\n5\tLot entitlements (section 20(3) of Act)\n6\tEncroachments\n7\tMinor amendment of plan\n8\tSubmission of outer boundary survey plan\n9\tExamination of plans\n10\tAdditional information as to applications\n11\tCertification of irregular boundaries\n12\tNotification on deposit of plan\n13\tIssue of certificates of title on deposit of plan\n13A\tApplication to ERD Court to amend or cancel a community plan (sections 59 and 67 of Act)\nPart 3—Administration of community schemes\nDivision 1—General\n14\tBody corporate managers (section 78B of Act)\n14A\tReturn of records and trust money when delegations revoked (section 78D of Act)\n15\tMatters to be addressed at first statutory general meeting\n16\tAgenda at annual general meeting (section 81(5)(d) of Act)\n16A\tProcedure at meetings (section 83 of Act)\n16B\tSpecial resolutions—3 lot schemes (section 88 of Act)\n16C\tFidelity guarantee insurance (section 104 of Act)\n17\tProof of insurance\n18\tUnanimous or special resolution for acquisition of property\n18A\tStatement of expenditure etc (section 113 of Act)\n19\tInterest on arrears of contributions by lot owners (section 114(4)(b) of Act)\n20\tNotice for payment of contribution or instalment (section 114(6)(a) of Act)\n21\tResolutions authorising expenditure (section 119 of Act)\n22\tRegister of owners of community lots (section 135(2) of Act)\n23\tRecords (sections 136 and 137 of Act)\n24\tAudit (section 138(4) of Act)\n25\tFee for provision of information\n26\tServices provided by corporations\n26A\tFunctions of secretary and treasurer of corporation\nDivision 2—Agent's trust accounts\n27\tAuthorisation of fees, costs and disbursements (section 123(b) of Act)\n28\tAuthorised trust accounts (section 124 of Act)\n29\tGeneral duty with respect to electronic records\n30\tCash books\n31\tSeparate trust ledger accounts\n32\tReconciliation statements\n33\tReceipt of trust money\n34\tPayment of trust money\n35\tAudit of trust accounts\n36\tAgent's statement\n37\tCertain persons may not audit accounts and records of agent\nPart 4—Miscellaneous\n38\tBy‑laws of corporation—penalty notice\n39\tHolding of deposit and other contract moneys when lot is pre‑sold (section 142A of Act)\n40\tIndemnity fund under Land Agents Act 1994 (section 155A of Act)\nSchedule 1—Forms\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Community Titles Regulations 2011.\n2—Interpretation\n\t(1)\tIn these regulations—\nAct means the Community Titles Act 1996.\n\t(2)\tFor the purposes of paragraph (b)(i) of the definition of special resolution in section 3(1) of the Act, the reasons for the proposed resolution is information that must be served in accordance with that paragraph.\n\t(3)\tFor the purposes of paragraph (a) of the definition of unanimous resolution in section 3(1) of the Act, the reasons for the proposed resolution is information that must be served in accordance with that paragraph.\nPart 2—Requirements relating to plans\n4—Plans and maps to comply with guidelines\nA plan or map lodged with the Registrar‑General for the purposes of the Act must comply with any requirements specified in guidelines issued, from time to time, by the Registrar‑General.\n5—Lot entitlements (section 20(3) of Act)\nThe aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100 000 but must not be a number that exceeds 100 000.\n6—Encroachments\nFor the purposes of section 27(1)(b)(ii) of the Act—\n\t(a)\tassociated structures are all structures (including a roof) that are supported by footings that protrude beyond the boundaries of the community parcel and include all things attached to those structures;\n\t(b)\tthe prescribed distance for the protrusion of footings and associated structures is 200 millimetres or such other distance as the Registrar‑General may determine in a particular case.\n7—Minor amendment of plan\nThe minor amendment of the delineation of lots or common property referred to in section 54(3) of the Act is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n8—Submission of outer boundary survey plan\n\t(1)\tSubject to subregulation (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar‑General—\n\t(a)\tan outer boundary survey plan of the land to be divided in a form approved by the Registrar‑General; and\n\t(b)\tthe appropriate fee prescribed for the purposes of the Act.\n\t(2)\tSubregulation (1) does not apply in relation to an application for the division of land in respect of which the Registrar‑General has determined that subregulation (1) should not apply.\n\t(3)\tThe Registrar‑General must examine the outer boundary survey plan and must, if satisfied that the requirements of these regulations have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to—\n\t(a)\tthe applicant or the applicant's agent; and\n\t(b)\tthe council (if any) for the area in which the land is situated.\n9—Examination of plans\nThe Registrar‑General must not deposit a plan under the Act unless he or she has examined the plan and is satisfied with it.\n10—Additional information as to applications\nThe Registrar‑General may require a person who has made an application to him or her under the Act to provide him or her with any information that the Registrar‑General requires to consider the application.\n11—Certification of irregular boundaries\nWhere a plan shows land bounded by a watercourse, lake, the sea or some other irregular boundary, the Registrar‑General may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n12—Notification on deposit of plan\n\t(1)\tAfter the Registrar‑General deposits a plan in the Lands Titles Registration Office under the Act he or she must—\n\t(a)\tnotify the applicant or the applicant's agent in writing of the deposit; and\n\t(b)\tnotify the council (if any) for the area in which the land is situated in writing of the deposit and send a copy of the deposited plan to the council.\n\t(2)\tA notification or other document required to be given under this regulation may be sent by electronic means.\n13—Issue of certificates of title on deposit of plan\nOn depositing a plan of community division in the Lands Titles Registration Office the Registrar‑General must issue a separate certificate of title for each lot and the common property created by the plan.\n13A—Application to ERD Court to amend or cancel a community plan (sections 59 and 67 of Act)\nFor the purposes of sections 59(3b) and 67(1b) of the Act, in determining an application to amend or cancel a community plan, the ERD Court must have regard to the following matters:\n\t(a)\twhether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it;\n\t(b)\twhether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action;\n\t(c)\twhether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action;\n\t(d)\tany other reason why it is in the interests of justice that the application should be granted or refused.\nPart 3—Administration of community schemes\nDivision 1—General\n14—Body corporate managers (section 78B of Act)\n\t(1)\tFor the purposes of section 78B(2)(b) of the Act, a body corporate manager must provide the community corporation with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out—\n\t(a)\tthe name of the body corporate manager; and\n\t(b)\tthe name of the insurer; and\n\t(c)\tthe nature of the policy; and\n\t(d)\tthe amount for which indemnity is provided under the policy.\n\t(2)\tFor the purposes of section 78B(2)(c) of the Act, a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n\t(3)\tFor the purposes of section 78B(3)(f) of the Act, a contract between a body corporate manager and a community corporation must contain the following particulars:\n\t(a)\ta statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by the Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n\t(b)\tan undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n\t(4)\tFor the purposes of section 78B(8) of the Act, the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the community corporation and its members, including—\n\t(a)\tthe right to inspect records held by the manager; and\n\t(b)\tthe right to revoke the delegation of a particular function of the manager; and\n\t(c)\tthe right to appoint the manager as a proxy and revoke that appointment; and\n\t(d)\tthe right to be informed of any payment that the manager receives from another trader for placing the corporation's business; and\n\t(e)\tthe right to terminate the contract; and\n\t(f)\tthe right to apply to the Magistrates Court for a resolution of any dispute.\n14A—Return of records and trust money when delegations revoked (section 78D of Act)\n\t(1)\tFor the purposes of section 78D(6)(a) of the Act, records must—\n\t(a)\tbe returned by mail sent by registered post; or\n\t(b)\tbe made available for collection,\nwithin 10 business days of the delegations being revoked.\n\t(2)\tFor the purposes of section 78D(6)(b) of the Act, trust money must—\n\t(a)\tbe returned by electronic funds transfer; or\n\t(b)\tbe returned by cheque sent by registered post; or\n\t(c)\tbe made available for collection,\nwithin 10 business days of the delegations being revoked.\n\t(3)\tFor the purposes of section 78D(7)(b) of the Act, the maximum fee that may be charged for providing a copy of records of the corporation is $1.20 per page.\n15—Matters to be addressed at first statutory general meeting\nThe following are prescribed under section 80(2)(e) of the Act as matters that must be addressed at the first statutory general meeting of a corporation:\n\t(a)\twhether the policies of insurance taken out by the developer are adequate;\n\t(b)\twhether the corporation should establish a management committee;\n\t(c)\tthe delegation of functions and powers by the corporation;\n\t(d)\twhether the by‑laws of the scheme need amendment.\n16—Agenda at annual general meeting (section 81(5)(d) of Act)\nThe agenda for each annual general meeting must include—\n\t(a)\tthe appointment of the presiding officer, treasurer and secretary of the corporation; and\n\t(b)\tother appointments to be made or revoked by the corporation at the meeting; and\n\t(c)\tthe policies of insurance required by the Act to be held by the corporation; and\n\t(d)\tthe number of applications for relief made under Part 14 of the Act and the nature of the claims or disputes the subject of those applications; and\n\t(e)\tif it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 78B of the Act—\n\t(i)\tthe text of the resolution to enter into, or renew or extend, the contract; and\n\t(ii)\twhere and when a copy of the contract or proposed contract, and the pamphlet referred to in regulation 14(4), can be viewed or obtained by members of the corporation; and\n\t(f)\tproposed controls on expenditure by delegates of the corporation.\n16A—Procedure at meetings (section 83 of Act)\n\t(1)\tFor the purposes of section 83(3a) of the Act, if a member of the corporation has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the corporation, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n\t(2)\tFor the purposes of section 83(3b) of the Act, the following procedures must be followed at a meeting to which that subsection applies:\n\t(a)\tthe body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n\t(b)\tthe manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting—\n\t(i)\tthat he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n\t(ii)\tthat he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the corporation acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n\t(iii)\tthat he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n\t(c)\tthe manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n\t(3)\tFor the purposes of section 83(6a) of the Act, a member of a community corporation may attend and vote at a meeting by a means of remote communication—\n\t(a)\tif—\n\t(i)\tthe by‑laws of the corporation make provision for attendance and voting at meetings by members by means of remote communication; and\n\t(ii)\tthe member complies with any applicable requirements specified in those by‑laws; or\n\t(b)\tif—\n\t(i)\tthe member makes a request in writing, given to the secretary of the corporation, to attend and vote at the meeting by means of remote communication; and\n\t(ii)\tthe secretary of the corporation makes the necessary arrangements to receive and record the member's attendance and voting at the meeting by remote communication; and\n\t(iii)\tthe member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n16B—Special resolutions—3 lot schemes (section 88 of Act)\nFor the purposes of section 88(2)(a) of the Act, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n16C—Fidelity guarantee insurance (section 104 of Act)\nFor the purposes of section 104(3) of the Act—\n\t(a)\ta policy of fidelity guarantee insurance must insure a community corporation in the amount of—\n\t(i)\tthe maximum total balance of the corporation's bank accounts at any time in the preceding 3 years; or\n\t(ii)\t$50 000,\nwhichever is higher;\n\t(b)\tthe following kinds of community corporations are not required to maintain fidelity guarantee insurance:\n\t(i)\tcommunity corporations that have buildings and other improvements on its common property insured for a sum not exceeding $100 000;\n\t(ii)\t2‑lot community corporations with no administrative or sinking funds.\n17—Proof of insurance\nA person who is required by section 106(1) of the Act to insure a building must provide a photocopy of the current certificate of the insurance that he or she has taken out to satisfy that requirement.\n18—Unanimous or special resolution for acquisition of property\n\t(1)\tA community corporation's acquisition of a freehold or leasehold interest in a lot must be authorised by a unanimous resolution of the corporation (see section 112(3)(a) of the Act).\n\t(2)\tIf the cost of the acquisition by a community corporation of property (other than property referred to in subregulation (1))—\n\t(a)\tis $5 000 or more the acquisition must be authorised by a unanimous resolution of the corporation; or\n\t(b)\tis less than $5 000 the acquisition must be authorised by a special resolution of the corporation.\n18A—Statement of expenditure etc (section 113 of Act)\n\t(1)\tFor the purposes of section 113(1)(aa) of the Act, the prescribed period is—\n\t(a)\tin the case of a community corporation consisting of at least 7 but not more than 20 community lots—3 years; or\n\t(b)\tin the case of a community corporation consisting of more than 20 community lots—5 years.\n\t(2)\tFor the purposes of section 113(1a) of the Act, new information must be prepared for the purposes of section 113(1)(aa) of the Act—\n\t(a)\tif the proposed expenditure (other than recurrent expenditure) is for a period of 3 years—every 3 years; or\n\t(b)\tif the proposed expenditure (other than recurrent expenditure) is for a period of 5 years—every 5 years.\n\t(3)\tThe following are excluded from the operation of section 113(1)(aa) and (1a) of the Act:\n\t(a)\tcommunity corporations consisting of 6 or less community lots;\n\t(b)\tcommunity corporations that have buildings and other improvements on its common property insured for a sum not exceeding $100 000.\n19—Interest on arrears of contributions by lot owners (section 114(4)(b) of Act)\nA community corporation, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not—\n\t(a)\texceed a rate of 15% per annum; and\n\t(b)\tmust not demand payment of interest on unpaid interest.\n20—Notice for payment of contribution or instalment (section 114(6)(a) of Act)\nA notice of a contribution or instalment of a contribution served by a community corporation on the owner of a lot must include the following information:\n\t(a)\tidentification of the lot in relation to which the contribution or instalment is payable; and\n\t(b)\tthe amount of the contribution or instalment; and\n\t(c)\tin the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable; and\n\t(d)\tthe day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served); and\n\t(e)\tthe total amount that the corporation has decided to raise by way of contributions by the owners of community lots; and\n\t(f)\tthe purpose or purposes for which the money raised will be used; and\n\t(g)\tthe rate of interest payable in respect of a contribution or instalment that is in arrears; and\n\t(h)\tthe name of the person to whom the contribution or instalment should be sent or delivered.\n21—Resolutions authorising expenditure (section 119 of Act)\nExpenditure by a community corporation—\n\t(a)\tof less than an amount that is equivalent to $2 000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the corporation;\n\t(b)\tof an amount that is equal to, or more than, the amount referred to in paragraph (a) must be authorised by a special resolution if—\n\t(i)\tthe expenditure is reasonably required for completing works that are required by a council (or a body established by 1 or more councils) or a public authority, or for works that are required in connection with or as a consequence of such works; or\n\t(ii)\tthe expenditure is less than an amount that is equivalent to $5 000 multiplied by the number of community lots in the scheme;\n\t(c)\tof an amount that is equal to or more than the amount referred to in paragraph (b)(ii) (but is not expenditure of a kind referred to in paragraph (b)(i)) must be authorised by a unanimous resolution.\n22—Register of owners of community lots (section 135(2) of Act)\nA community corporation must keep a record of information used to compile its register of the names and addresses of the owners of the community lots for a period of at least 7 years.\n23—Records (sections 136 and 137 of Act)\n\t(1)\tDocuments of the following kinds must be kept by community corporations:\n\t(a)\treceipts for the expenditure of money;\n\t(b)\tpassbooks, deposit books and all other documents providing evidence of the deposit or investment of money;\n\t(c)\tADI statements and all other documents providing evidence of dealing with money invested or on deposit.\n\t(2)\tAll documents and records kept by a corporation must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n\t(3)\tThe following periods are prescribed under sections 136 and 137(2) of the Act as the period for which a corporation must keep its records and documents:\n\t(a)\tminutes of meetings—30 years;\n\t(b)\taccounting records—7 years;\n\t(c)\tany statements of account—7 years;\n\t(d)\tnotices or orders served on the corporation—7 years;\n\t(e)\tcorrespondence—7 years;\n\t(f)\tnotices of meetings—7 years.\n24—Audit (section 138(4) of Act)\n\t(1)\tFor the purposes of section 138(4)(a)(i) of the Act, the prescribed amount of the aggregate of the contributions made or to be made by members of the corporation in respect of that year is an amount not exceeding $20 000.\n\t(2)\tFor the purposes of section 138(4)(a)(ii) of the Act—\n\t(a)\tthe prescribed amount of the balance standing to the credit of the administrative fund at the commencement of the financial year is an amount not exceeding $20 000; and\n\t(b)\tthe prescribed amount of the balance standing to the credit of the sinking fund at the commencement of the financial year is an amount not exceeding $20 000.\n25—Fee for provision of information\n\t(1)\tSubject to subregulation (2), the following fees are prescribed for the purposes of section 139(2) of the Act:\n\t(a)\tin the case of an application for all or any of the information referred to in section 139(1)(a)—\n\t(i)\twhere the applicant is the owner of a community lot—no fee;\n\t(ii)\tin any other case—$25 per application;\n\t(ab)\tin the case of an application for the documentary material referred to in section 139(1a)—$25 per application;\n\t(b)\tin the case of an application for copies of all or any of the documentary material referred to in section 139(1)(b)—\n\t(i)\twhere the applicant is the owner of a community lot—$5 per application;\n\t(ii)\tin any other case—$25 per application, plus an additional fee of $10 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the corporation;\n\t(c)\twhere an application is made to inspect all or any of the documentary material referred to in section 139(1)(c)—\n\t(i)\twhere the applicant is the owner of a community lot—no fee;\n\t(ii)\tin any other case—$5 per application.\n\t(2)\tWhere GST is payable in relation to goods, services or other things supplied in response to an application referred to in subregulation (1), the fee prescribed by that subregulation is increased so that, after deduction of the GST, the amount of the fee remaining is equal to the fee prescribed by subregulation (1).\n\t(3)\tA community corporation may reduce or waive any fees under subregulation (1).\n\t(4)\tIn this regulation—\nGST means the tax payable under the GST law;\nGST law means—\n\t(a)\tA New Tax System (Goods and Services Tax) Act 1999 (Commonwealth); and\n\t(b)\tthe related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods, services and other things.\n26—Services provided by corporations\n\t(1)\tA community corporation may, pursuant to section 143 of the Act, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n\t(2)\tThe provision of a service under subregulation (1) is subject to the following restrictions:\n\t(a)\ta service must not be provided to a person who has not agreed with the corporation to accept the service;\n\t(b)\tthe cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the corporation.\n26A—Functions of secretary and treasurer of corporation\n\t(1)\tThe secretary of a community corporation has the following functions:\n\t(a)\tto prepare and distribute minutes of meetings of the corporation and submit a motion for confirmation of the minutes of any meeting of the corporation at the next such meeting;\n\t(b)\tto give, on behalf of the members of the corporation and the management committee, the notices required to be given under the Act;\n\t(c)\tto answer communications addressed to the corporation;\n\t(d)\tto convene meetings of the management committee;\n\t(e)\tto attend to matters of an administrative or secretarial nature in connection with the exercise, by the corporation or the management committee, of its functions.\nNote—\nMeetings can also be convened by members of the corporation and other officers—see sections 81 and 93 of the Act.\n\t(2)\tThe treasurer of a community corporation has the following functions:\n\t(a)\tto notify owners of community lots of any contributions to be raised from them in accordance with the Act;\n\t(b)\tto receive, acknowledge, bank and account for any money paid to the corporation;\n\t(c)\tto keep accounting records and prepare financial statements.\nNote—\nThe offices of secretary and treasurer can be held by the same person in certain circumstances—see section 76 of the Act.\nDivision 2—Agent's trust accounts\n27—Authorisation of fees, costs and disbursements (section 123(b) of Act)\n\t(1)\tAn agent may withdraw money from a trust account held on behalf of a community corporation in satisfaction of a claim that the agent has against the corporation for fees, costs or disbursements if the corporation has agreed in writing to pay to the agent those fees, costs or disbursements.\n\t(2)\tAn agent who becomes entitled to money held in the agent's trust account in or towards satisfaction of the agent's fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the agent for receipts other than trust money.\nMaximum penalty: $500.\n28—Authorised trust accounts (section 124 of Act)\nAccounts for the time being approved by the Commissioner for Consumer Affairs in relation to the holding of trust money under the Land Agents Act 1994 and the Conveyancers Act 1994 are prescribed for the purposes of section 124 of the Act.\n29—General duty with respect to electronic records\nIf an agent uses a computer program to keep records under this Division, the agent must ensure that—\n\t(a)\tan electronic copy of all the records is made within 24 hours of any alteration of the records; and\n\t(b)\tat least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n\t(c)\tbefore any information is deleted from the computer records, a hard copy of the information is made and kept by the agent as part of the agent's records; and\n\t(d)\tan up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n30—Cash books\n\t(1)\tFor the purposes of section 126(1)(c) of the Act, the detailed accounts of receipts and disbursements of trust money to be compiled by an agent must comply with the following requirements:\n\t(a)\ta cash receipts book must be kept in which the agent records the following information in respect of each receipt of trust money:\n\t(i)\tthe date and reference number of the receipt;\n\t(ii)\tthe name of the person from whom the money is received;\n\t(iii)\tthe name of the community corporation or reference to which the transaction relates;\n\t(iv)\tbrief particulars of the purpose of the receipt;\n\t(v)\tthe amount of the receipt;\n\t(b)\ta cash payments book must be kept in which the agent records the following information in respect of each payment of trust money:\n\t(i)\tthe date and reference number of the cheque or electronic transfer of funds by which the payment was made;\n\t(ii)\tthe name of the payee;\n\t(iii)\tthe community corporation's name or reference to which the transaction relates;\n\t(iv)\tbrief particulars of the purpose of the payment;\n\t(v)\tthe amount of the cheque or electronic transfer of funds.\n\t(2)\tHowever, an agent need not keep a cash receipts book or a cash payments book as required by subregulation (1) if the agent uses a computer program to record the information referred to in that subregulation in respect of each receipt or payment of trust money and the program—\n\t(a)\trequires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subregulation (1) is recorded in respect of each receipt and payment; and\n\t(b)\tis capable, at any time, of producing—\n\t(i)\ta report of the information in respect of receipts of trust money in the order in which they were received; and\n\t(ii)\ta report of the information in respect of payments of trust money in the order in which they were made.\n\t(3)\tAn agent who uses a computer program as referred to in subregulation (2) must ensure that—\n\t(a)\tat the end of each month, hard copies of each of the following reports are produced:\n\t(i)\ta report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n\t(ii)\ta report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n\t(b)\tthose hard copies are kept as part of the agent's records.\n\t(4)\tThe records of receipts and payments must be made by the agent in accordance with this regulation in the order in which they are received or made, each such record being made within 2 working days after the receipt or payment in question.\n\t(5)\tSubregulation (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 working days after the agent receives official confirmation that the transfer has occurred.\n31—Separate trust ledger accounts\n\t(1)\tAn agent must ensure that the agent's trust ledger accounts are kept separately—\n\t(a)\tin respect of each of the agent's clients; and\n\t(b)\tif the agent performs services for a corporation in respect of a number of transactions between different parties—in respect of each such transaction.\n\t(2)\tThe agent must record in each of the separate accounts the following details:\n\t(a)\tthe name and address of the corporation to whom the accounts relate;\n\t(b)\ta brief description of the service provided and the transaction to which the accounts relate;\n\t(c)\tin respect of each receipt or disbursement of trust money—\n\t(i)\tthe date and reference number of the receipt or disbursement;\n\t(ii)\tthe name of the person from whom the money is received or to whom the money is disbursed;\n\t(iii)\tbrief particulars of the purpose of the receipt or disbursement;\n\t(iv)\tthe amount received or disbursed.\n\t(3)\tThe agent must ensure that any changes in the details referred to in subregulation (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n\t(4)\tIf the agent transfers money between any of the separate accounts, the agent must clearly record the transfer—\n\t(a)\tin both accounts; and\n\t(b)\tin a transfer journal,\nin sufficient detail that the transfer may be clearly understood.\n\t(5)\tThe records of receipts, disbursements and transfers must be made by the agent in accordance with this regulation in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 working days after the receipt, disbursement or transfer in question.\n\t(6)\tSubregulation (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 working days after the agent receives official confirmation that the transfer has occurred.\n\t(7)\tIf an agent uses a computer program to keep trust ledger accounts or a transfer journal, the agent must ensure that—\n\t(a)\tthe program is incapable of—\n\t(i)\trecording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n\t(ii)\tdeleting from its records the information relating to a trust ledger account unless—\n\t(A)\tthe balance of the account is zero; and\n\t(B)\ta hard copy of all of the information required under this Division relating to the account has been produced; and\n\t(iii)\tchanging existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n\t(b)\tthe program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n\t(c)\tthe program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this regulation; and\n\t(d)\thard copies of the trust ledger accounts and transfer journal are produced within 2 days of a request from the Minister or the agent's auditor.\n32—Reconciliation statements\nAt the end of each month, reconciliation statements must be prepared—\n\t(a)\treconciling the balance of the agent's cash books, or equivalent computer records, kept under regulation 30 with the balance of the agent's trust account; and\n\t(b)\treconciling the balances of the ledgers comprised in the agent's trust ledger accounts with the balance of the agent's trust account,\n(but the agent is not required to set out in a statement a list of individual balances, or the names of the corporations on whose behalf money is held).\n33—Receipt of trust money\n\t(1)\tFor the purposes of section 126(2)(a) of the Act, the receipt that an agent must make available to a person making a payment of trust money must—\n\t(a)\tbe legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the agent and the words \"Trust Account\"; and\n\t(b)\tcontain the following information:\n\t(i)\t—\n\t(A)\tin the case of a payment made by electronic transfer of funds into an agent's trust account—the date on which the agent makes out the receipt;\n\t(B)\tin any other case—the date of the payment;\n\t(ii)\tthe name of the person making the payment;\n\t(iii)\twhether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the agent's trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n\t(iv)\tthe name of the corporation for whom the money is received;\n\t(v)\tbrief particulars of the purpose of the payment;\n\t(vi)\tthe amount of the payment.\n\t(2)\tAn agent need not comply with subregulation (1)(a) if the agent uses a computer program to make out the receipt and the program—\n\t(a)\tautomatically produces in chronological sequence consecutively numbered receipts marked with the name of the agent and the words \"Trust Account\"; and\n\t(b)\tautomatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n\t(c)\trequires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by subregulation (1)(b).\n\t(3)\tAn agent must make out a receipt in accordance with this regulation—\n\t(a)\tin the case of a payment made by electronic transfer of funds into an agent's trust account—immediately the agent receives official confirmation that the payment has been made (whether that is by way of receipt by the agent of a statement from a financial institution or some other way, whichever occurs sooner); or\n\t(b)\tin any other case—immediately on receipt of payment.\n34—Payment of trust money\n\t(1)\tAn agent must not make a payment of trust money in cash.\nMaximum penalty: $500.\n\t(2)\tWhen an agent makes a payment of trust money by cheque, the agent—\n\t(a)\tmust ensure that the cheque is marked with the name of the agent and the words \"Trust Account\"; and\n\t(b)\tmust—\n\t(i)\tcause the cheque to be crossed and endorsed \"Not negotiable\"; or\n\t(ii)\tobtain from the person receiving the cheque a receipt that complies with subregulation (4) and keep the receipt as part of the agent's records.\nMaximum penalty: $500.\n\t(3)\tWhen an agent makes a payment of trust money by cheque, the agent must prepare and keep as part of the agent's records a cheque stub or voucher containing the following information:\n\t(a)\tthe date and reference number of the cheque;\n\t(b)\tthe name of the payee;\n\t(c)\tthe client name or reference and brief particulars of the purpose of the payment;\n\t(d)\tthe amount of the cheque.\n\t(4)\tThe receipt must be legible and contain the following information:\n\t(a)\tthe date and reference number of the cheque; and\n\t(b)\tparticulars identifying the trust account against which the cheque is drawn; and\n\t(c)\tthe name of the payee; and\n\t(d)\tbrief particulars of the purpose of the payment; and\n\t(e)\tthe amount of the cheque.\n\t(5)\tWhen an agent authorises the payment of trust money by electronic transfer of funds, the agent—\n\t(a)\tmust prepare and keep as part of the agent's records the following information:\n\t(i)\tthe date and reference number of the payment;\n\t(ii)\tthe name of the payee;\n\t(iii)\tthe corporation name or reference and brief particulars of the purpose of the payment;\n\t(iv)\tthe name or style of the ADI account to which the payment is made, its number and the identifying numbers of the receiving ADI and its branch;\n\t(v)\tthe amount of the payment; and\n\t(b)\tmust, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the agent's records.\n35—Audit of trust accounts\n\t(1)\tFor the purposes of section 127(1)(a) of the Act, the audit period in respect of which an agent must have the accounts and records audited is each financial year.\n\t(2)\tIn carrying out an audit, the auditor must—\n\t(a)\tmake checks that will enable the auditor to give an opinion as to whether the agent has, during the period covered by the audit, complied with the Act and these regulations relating to the agent's accounts and records; and\n\t(b)\tascertain what trust accounts were kept by the agent during that period; and\n\t(c)\tmake a general test examination of any trust account kept by the agent and of the pass books and statements relating to any such account during that period; and\n\t(d)\tmake a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between—\n\t(i)\tthe liabilities of the agent to the agent's clients as shown by the agent's trust ledger accounts and the records kept under these regulations; and\n\t(ii)\tthe aggregate of the balances standing to the credit of the agent's trust account; and\n\t(e)\task for such information and explanations as the auditor may require for the purposes of this regulation.\n\t(3)\tFor the purposes of section 127(1)(b) of the Act, the statement relating to the audit must be prepared by the auditor and must include all matters relating to the agent's accounts and records that should, in the auditor's opinion, be communicated to the community corporation and, in particular, deal with each of the following matters:\n\t(a)\twhether the accounts and records appear to have been kept regularly and properly written up at all times;\n\t(b)\twhether the accounts and records have been ready for examination at the periods appointed by the auditor;\n\t(c)\twhether the agent has complied with the auditor's requirements;\n\t(d)\twhether, at any time during the period of the audit, the agent's trust account was overdrawn and, if so, the full explanation for that given by the agent;\n\t(e)\twhether the agent has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the agent;\n\t(f)\twhether the auditor has received and examined the notice given to the auditor under regulation 36 and the result of that examination;\n\t(g)\tif the agent uses a computer program to keep the agent's accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n\t(4)\tThe auditor must attach to the auditor's statement a copy of the agent's notice delivered to the auditor under regulation 36(1).\n\t(5)\tThe auditor must verify the statement by statutory declaration and give a signed copy of the statement to the agent.\n\t(6)\tIf the auditor in the course of auditing the agent's accounts and records discovers—\n\t(a)\tthat they are not kept in a manner that enables them to be properly audited; or\n\t(b)\ta matter that appears to the auditor to involve dishonesty or a breach of the law by the agent; or\n\t(c)\ta loss or deficiency of trust money or a failure to pay or account for trust money; or\n\t(d)\ta failure to comply with the Act or these regulations,\nthe auditor must, as soon as possible, give a report in respect of the discovery to the Minister and the agent concerned.\nMaximum penalty: $500.\n\t(7)\tHowever, the auditor is not required to give a report to the Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that—\n\t(a)\tbringing the discovery to the attention of the agent or community corporation will adequately deal with the matter; and\n\t(b)\tthe loss, deficiency or failure does not involve dishonesty or a breach of the law.\n\t(8)\tFor the purposes of section 127(2)(b) of the Act, an agent must forward an audit statement within 2 months after the end of each audit period.\n36—Agent's statement\n\t(1)\tAn agent who is required to have accounts and records audited must, before the completion of the audit, certify—\n\t(a)\tunder his or her hand; or\n\t(b)\tin the case of a firm of agents—under the hands of not less than 2 partners of the firm; or\n\t(c)\tin the case of a body corporate agent—under the hands of not less than 2 directors of the body,\nand deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of—\n\t(d)\tthe names of all corporations on whose behalf the agent is holding trust money and the amount of the credit of each such corporation; and\n\t(e)\tall negotiable or bearer securities or deposit receipts in the name of the agent which represent money drawn from the agent's trust account and which were held by the agent on that day; and\n\t(f)\t—\n\t(i)\tthe names of the trust accounts in which the balance of the agent's trust money is lodged and the balances on that date of those accounts; and\n\t(ii)\tif the trust account balances are not in agreement with the balances of the agent's ledger accounts—a statement reconciling those balances.\nMaximum penalty: $500.\n\t(2)\tThe notice must be verified by statutory declaration—\n\t(a)\tof the agent; or\n\t(b)\tin the case of a firm of agents—of not less than 2 partners of the firm; or\n\t(c)\tin the case of a body corporate agent—of not less than 2 directors of the body.\n\t(3)\tThe agent must give the auditor making the next succeeding audit of the agent's accounts and records—\n\t(a)\tat the request of the auditor, a copy of the notice, together with a signed copy of the auditor's statement of the last preceding audit of the agent's accounts and records; or\n\t(b)\tif the agent's accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purpose of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\nMaximum penalty: $500.\n37—Certain persons may not audit accounts and records of agent\nA person must not audit the accounts and records of an agent if the person—\n\t(a)\tis, or has been within 2 years, an employee or partner of the agent; or\n\t(b)\tis an employee of another agent actually carrying on business as an agent; or\n\t(c)\tis, himself or herself, an agent carrying on business as an agent.\nMaximum penalty: $500.\nPart 4—Miscellaneous\n38—By‑laws of corporation—penalty notice\nFor the purposes of section 34(6)(c)(i) of the Act, the Form 11 of Schedule 1 is prescribed.\n39—Holding of deposit and other contract moneys when lot is pre‑sold (section 142A of Act)\n\t(1)\tFor the purposes of section 142A(1), a provision of a contract of sale that provides 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 must—\n\t(a)\tbe printed in bold in a font size of not less than 14 points; and\n\t(b)\tbe specifically brought to the attention of the purchaser by the vendor; and\n\t(c)\tbe initialled by, or on behalf of, both the vendor and the purchaser.\n\t(2)\tIf a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of section 142A(4)(a) of the Act, that provision of the contract must—\n\t(a)\tbe printed in bold in a font size of not less than 14 points; and\n\t(b)\tbe specifically brought to the attention of the purchaser by the vendor; and\n\t(c)\tbe initialled by, or on behalf of, both the vendor and the purchaser.\n40—Indemnity fund under Land Agents Act 1994 (section 155A of Act)\nFor the purposes of section 155A(c) of the Act, the following advisory services and education programs provided by the Legal Services Commission are prescribed:\n\t(a)\ta specialist community and strata title advice service;\n\t(b)\tan educational program relating to the provisions contained in the Statutes Amendment (Community and Strata Titles) Act 2012.\nSchedule 1—Forms\nForm 1\t\nsections 14(4)(h), 52(4)(f)(ii), 58(3)(e) and 60(3)(f) of Act\nCertificate of licensed surveyor\nI, [insert name and address], a licensed surveyor under the Survey Act 1992 certify that—\n\t(a)\tI am uncertain about the location of that part of the service infrastructure shown between the points marked > and < on the plan; and\n\t(b)\tthis community plan has been correctly prepared in accordance with the Community Titles Act 1996.\nDate:\nSigned:\nForm 2\t\nsections 14(4)(i), 21(2)(b), 52(4)(g), 58(3)(f), 60(3)(g), 65(d)(ii) and 67(2)(f)(ii) of Act\nCertificate of land valuer\nI, [insert name and address], being a land valuer within the meaning of the Land Valuers Act 1994 certify that this Schedule is correct for the purposes of the Community Titles Act 1996.\nDate:\nSigned:\nNote—\nThe certificate must be endorsed on the Schedule of lot entitlements.\nForm 3\t\nsection 52(4)(h) of Act\nCertificate of land valuer\nI, [insert name and address], being a land valuer within the meaning of the Land Valuers Act 1994 certify that the application [insert details identifying the application] for the amendment of deposited community plan No [insert number of community plan] does not affect the relative value of the lots into which the plan as amended divides the community parcel.\nDate:\nSigned:\nForm 4\t\nsection 31(2) of Act\nCertification of scheme description as amended\nI, [insert name and address], being an officer of Community Corporation No [insert number of corporation] Incorporated certify that—\n\t(a)\tin accordance with section 31 of the Community Titles Act 1996, Community Corporation No [insert number of corporation] has by unanimous resolution at a duly convened meeting of the corporation held at [insert address of location of meeting] on [insert date of meeting] amended Scheme Description No [insert number of scheme description] and a true copy of the scheme description as amended is attached to this certificate; and\n\t(b)\tthe persons whose consents are required by section 32 of the Community Titles Act 1996 have consented to the amendment.\nDate:\nSigned:\nNote—\nThe copy of the scheme description attached to the certificate must be endorsed \"This is the copy of the scheme description referred to in the attached certificate.\" and signed by the officer certifying the copy.\nForm 5\t\nsection 39(5) of Act\nCertification of copy of by‑laws as varied and resolution\nI, [insert name and address], being an officer of Community Corporation No [insert number of corporation] Incorporated certify that—\n\t(a)\tthe copy of the by‑laws attached to this certificate is a true copy of the by‑laws as varied by special/unanimous [strike out whichever is not applicable] resolution of the corporation on [insert date of resolution]; and\n\t(b)\tthe copy of the resolution attached to this certificate is a true copy of the resolution referred to in paragraph (a).\nDate:\nSigned:\nNote—\nThe copy of the by‑laws attached to a certificate must be endorsed \"This is the copy of the by‑laws referred to in the attached certificate.\" and signed by the officer certifying the copy.\nThe copy of the resolution attached to the certificate must be endorsed \"This is the copy of the resolution of the corporation referred to in the attached certificate.\" and signed by the officer certifying the copy.\nForm 6\t\nsection 50(10) of Act\nCertification of copy of development contract as varied\nI, [insert name and address], being an officer of Community Corporation No [insert number of corporation] Incorporated certify that the copy of the development contract attached to this certificate is a true copy of the contract as varied pursuant to section 50 of the Community Titles Act 1996 by agreement made on [insert date of resolution] between the developer and the corporation.\nDate:\nSigned:\nNote—\nThe copy of the contract attached to the certificate must be endorsed \"This is the copy of the development contract referred to in the attached certificate.\" and signed by the officer certifying the copy.\nForm 7\t\nsection 50(10) of Act\nCertification of copy of agreement to terminate development contract\nI, [insert name and address], being an officer of Community Corporation No [insert number of corporation] Incorporated certify that the copy of the agreement to terminate a development contract attached to this certificate is a true copy of the agreement entered into pursuant to section 50 of the Community Titles Act 1996 on [insert date of resolution] between the developer and the corporation.\nDate:\nSigned:\nNote—\nThe copy of the agreement attached to the certificate must be endorsed \"This is the copy of the agreement to terminate a development contract referred to in the attached certificate.\" and signed by the officer certifying the copy.\nForm 8\t\nclause 2(2) of Schedule of Act\nCertification of copy of resolution of strata corporation that the Community Titles Act 1996 will apply to, and in relation to, the strata scheme\nI, [insert name and address], being an officer of Community Corporation No [insert number of corporation] Incorporated certify that the copy of the resolution attached to this certificate is a true copy of the resolution by which the corporation decided that the Community Titles Act 1996 and not the Strata Titles Act 1988 will apply to, and in relation to, the corporation and the strata scheme.\nDate:\nSigned:\nNote—\nThe copy of the resolution attached to the certificate must be endorsed \"This is the copy of the resolution of the corporation referred to in the attached certificate.\" and signed by the officer certifying the copy.\nForm 9\t\nsection 154(2) of Act\nNotice if whereabouts of certain persons unknown\nTo [insert name and last address known to the Registrar‑General of each person to whom notice is given]\nI/We, [insert name and address of each person giving notice], give you notice that I/we intend to make/have made [strike out whichever is not applicable] an application to the Registrar‑General under [insert reference to provision of Act] of the Community Titles Act 1996 [insert description of subject matter of application] in respect of the land comprised in Certificate of Title Register Book Volume [insert Volume number] Folio [insert Folio number].\nIf you do not consent to the Registrar‑General granting the application, you must lodge a written objection with the Registrar‑General.\nI/We are required by section 154(2) of the Community Titles Act 1996 to—\n\t(a)\tpost this notice to you; and\n\t(b)\tpublish a copy of this notice in a newspaper circulating generally throughout the State; and\n\t(c)\tif the subject matter of the application relates to or involves an encroachment—leave a copy of this notice in a conspicuous place on or near the land over which the encroachment has occurred.\nIf 28 days have passed since I/we complied with paragraphs (a), (b) and (c) and you have not lodged an objection to the application with the Registrar‑General before he or she grants the application, the Registrar‑General may grant the application without your consent. After consent has been granted it will be too late for you to lodge an objection.\nDate:\nSigned: [signature of each person giving notice]\nForm 10\t\nsections 30(1)(ia), 31(3)(ab), 34(2)(e), 39(5a), 47(2)(ka), 50(7)(a) of Act\nCertificate as to preparation of scheme description, by‑laws or development contracts\nCertified correctly prepared in accordance with the requirements of the Community Titles Act 1996 by the person who prepared the document/an officer of the community corporation [strike out whichever is not applicable].\nDate:\nName:\nAddress:\nSigned:\nNote—\nThe certificate must be endorsed on the relevant document.\nForm 11\nsection 34(6)(c)(i) of Act\nPenalty notice\nTo [insert name and unit number of the person to whom notice is given]\nThe [insert name of the community corporation giving notice] gives you notice that you have contravened or failed to comply with [specify the by‑law or article that has been contravened or not complied with] by [set out the details of the contravention or non‑compliance].\nThe penalty of [specify the amount of the penalty] is payable to the corporation by you not later than [specify the date for payment].\nIf you do not pay the penalty as required by this notice, the penalty is recoverable from you by the corporation as a debt. If this notice is served on you as the owner of a community lot, the penalty may be recovered by the corporation under section 114 of the Community Titles Act 1996 (and interest will be payable on the penalty amount in the same way as if it were such a contribution).\nUnder section 34(6) of the Act you are entitled to apply to the Magistrates Court for revocation of this notice. The application must be made within 60 days after service of this notice. If you make such an application, the penalty specified in this notice is not payable unless the application is withdrawn or otherwise discontinued by you, 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).\nLegislative history\nNotes\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 these regulations (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.\nLegislation revoked by principal regulations\nThe Community Titles Regulations 2011 revoked the following:\nCommunity Titles Regulations 1996\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2011\n202\nGazette 25.8.2011 p3638 \n1.9.2011: r 2\n2012\n135\nGazette 31.5.2012 p2496\n1.7.2012: r 2\n2013\n107\nGazette 6.6.2013 p2241\n1.7.2013: r 2\n2013\n182\nGazette 18.7.2013 p3076\n18.7.2013 except rr 4—15, new rr 38 & 39 (as inserted by r 16) & 17—28.10.2013: r 2\n2013\n243\nGazette 24.10.2013 p4093\n28.10.2013 immediately after 182/2013 r 16: r 2\n2014\n163\nGazette 19.6.2014 p2718\n1.7.2014: r 2\n2015\n42\nGazette 23.4.2015 p1603\n27.4.2015: r 2\n2015\n138\nGazette 18.6.2015 p2750\n1.7.2015: r 2\n2016\n157\nGazette 23.6.2016 p2419\n1.7.2016: r 2\n2017\n62\nGazette 23.5.2017 p1742\n1.7.2017: r 2\n2018\n61\nGazette 31.5.2018 p2077\n1.7.2018: r 2\n2019\n41\nGazette 23.5.2019 p1361\n1.7.2019: r 2\n2020\n143\nGazette 4.6.2020 p2987\n1.7.2020: r 2\n2023\n4\nGazette 15.2.2023 p359\n15.2.2023: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2011\n\ninserted by 182/2013 r 4\n28.10.2013\nr 3\ndeleted by 182/2013 r 5\n28.10.2013\nPt 2\n\n\nr 8\n\n\nr 8(1)\nvaried by 143/2020 r 4\n1.7.2020\nr 13A\ninserted by 182/2013 r 6\n28.10.2013\nPt 3\n\n\nr 14\nsubstituted by 182/2013 r 7\n28.10.2013\nr 14A\ninserted by 182/2013 r 7\n28.10.2013\nr 15\nvaried by 182/2013 r 8\n28.10.2013\nr 16\nsubstituted by 182/2013 r 9\n28.10.2013\nrr 16A—16C\ninserted by 182/2013 r 9\n28.10.2013\nr 17\nvaried by 182/2013 r 10\n28.10.2013\nr 18A\ninserted by 182/2013 r 11\n28.10.2013\nr 21\namended by 4/2023 r 3\n15.2.2023\nr 24\nsubstituted by 182/2013 r 12\n28.10.2013\nr 25\n\n\nr 25(1)\nvaried by 182/2013 r 13\n28.10.2013\nr 26A\ninserted by 182/2013 r 14\n28.10.2013\nr 35\n\n\nr 35(8)\nvaried by 182/2013 r 15\n28.10.2013\nPt 4\ninserted by 182/2013 r 16\n18.7.2013 except rr 38 & 39—28.10.2013\nr 39\nsubstituted by 243/2013 r 4\n28.10.2013\nSch 1\n\n\nForm 11\ninserted by 182/2013 r 17\n28.10.2013\nSch 2\nsubstituted by 135/2012 r 4\n1.7.2012\n\nsubstituted by 107/2013 r 4\n1.7.2013\n\nsubstituted by 163/2014 r 4\n1.7.2014\n\nvaried by 42/2015 r 4(1), (2)\n27.4.2015\n\nsubstituted by 138/2015 r 4\n1.7.2015\n\nsubstituted by 157/2016 r 4\n1.7.2016\n\nsubstituted by 62/2017 r 4\n1.7.2017\n\nsubstituted by 61/2018 r 4\n1.7.2018\n\nsubstituted by 41/2019 r 4\n1.7.2019\n\ndeleted by 143/2020 r 5\n1.7.2020\nSch 3\nomitted under Legislation Revision and Publication Act 2002\n1.7.2011\nHistorical versions\n1.7.2012\n\n1.7.2013\n\n18.7.2013\n\n28.10.2013\n\n1.7.2014\n\n27.4.2015\n\n1.7.2015\n\n1.7.2016\n\n1.7.2017\n\n1.7.2018\n\n1.7.2019\n\n1.7.2020\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Regulations principally translate the Community Titles Act 1996 into operational requirements — specifying forms, timeframes, documentary standards, accounting controls, insurance minima and meeting procedures. Amendments over time have clarified, tightened or quantified obligations (for example, detailed trust accounting rules, precise tolerances and numeric thresholds), but they do not materially expand the statutory scope beyond administering community title schemes. Changes are primarily technical/administrative (implementation, compliance detail and thresholds) rather than substantive policy departures from the Act's original purpose."},"complexity_factors":["Around 40 regulations and a Schedule of 11 forms","Extensive cross‑references to the Community Titles Act 1996 (many provisions refer back to specific Act sections)","Multiple numeric thresholds and tolerances (e.g. 200 mm encroachment/amendment tolerances; lots entitlement 2–100,000; $1.5M PI per claim; 15% p.a. interest cap; $20,000 audit thresholds; $2,000 × number of lots and $5,000 × number of lots expenditure thresholds)","Nested conditional rules and exemptions (e.g. when computer systems can replace hard copies; exemptions for very small corporations; auditor reporting exceptions) (rr 29–31, 16C, 35(6)–(7))","Detailed procedural time limits (10 business days for returning records/trust money, 2 months for forwarding audit statements, monthly reconciliations, retention periods up to 30 years) (r 14A, r 35, r 32, r 23)","Multiple parties with duties (Registrar‑General, corporations, managers, agents, auditors, ERD Court) producing intersecting obligations","Penalties and prescribed forms for enforcement (Sch 1 Form 11 and monetary penalties), increasing compliance detail"],"plain_english_summary":"**What these Regulations do (mechanically)\n\n- Set detailed rules for how community title plans and maps must be lodged and examined (Registrar‑General guidelines and checks) (rr 4, 8–13).\n- Prescribe measurement tolerances and small amendment rules: e.g. 200 mm for encroaching footings and for minor boundary amendments (rr 6, 7).\n- Fix how lot entitlements are to be aggregated (whole number between 2 and 100,000) (r 5).\n- Require particular certifications where boundaries are irregular or valuation matters arise, and supply standard forms for those certificates (rr 11, Sch 1 Forms 1–3). \n- Spell out the material that must be provided and discussed at initial and annual meetings of a community corporation and impose rules on meeting procedure (agenda items, proxies, remote attendance) (rr 15–16A, 16B).\n- Regulate contracting with body corporate managers: insurance minima, contract content, disclosure pamphlet and access to records (r 14).\n- Require body corporate managers and agents to return records and trust money promptly when delegations are revoked, and cap copy fees (10 business days; $1.20/page) (r 14A).\n- Set insurance and fidelity guarantee insurance minima/exemptions for community corporations (r 16C, r 17).\n- Prescribe financial controls and authorisation thresholds for expenditure, interest caps on overdue levies (15% p.a.), notice content for levies, and record‑keeping retention periods (rr 18–25, 19–24).\n- Impose detailed trust‑accounting and audit rules for agents (electronic record backups, cash book entries, separate client ledgers, monthly reconciliations, receipt and payment procedures, prohibition on cash payments, annual audits and auditor duties) (rr 27–37).\n- Set formatting and disclosure requirements for pre‑sale contract clauses dealing with holding deposits before plan deposit (bold type, vendor must draw attention, initials required) (r 39).\n- Prescribe certain advisory services eligible for an indemnity fund (r 40) and provide prescribed forms including a penalty‑notice form (Sch 1).\n\nWho is affected\n\n- Developers and surveyors who prepare and lodge community plans (rr 4, 8–13).\n- Owners and prospective purchasers in community title schemes (notice content, levy rules, penalty notices, pre‑sale contract formatting) (rr 12, 13, 19–21, 39, Sch 1 Form 11).\n- Community corporations (bodies corporate) — their officers (secretary/treasurer), members and management committees — who must follow meeting, recordkeeping, insurance and expenditure rules (rr 15–16A, 22–26A).\n- Body corporate managers and agents who handle corporate functions and trust money — subject to insurance minima, detailed accounting, audit and disclosure obligations (rr 14, 27–37).\n- Registrar‑General, ERD Court and auditors — regulators and decision‑makers under these rules (rr 4, 9, 13A, 35).\n\nWhy it matters (stated purpose and how it works in practice)\n\n- Officially: the Regulations operationalise the Community Titles Act 1996 — turning statutory powers and duties into concrete procedures (e.g. how plans are lodged and examined, how corporations manage money and meetings).  Those measures are intended to provide certainty, protect funds held on trust, ensure accurate land description, and promote transparency (see rr 4, 8–13, 27–37, 15–16).\n\n- Practical effects, trade‑offs and incentives:\n  - Compliance costs: Developers, agents and corporations face administrative costs (professional indemnity and fidelity insurance, recordkeeping systems, audit fees, producing certificates, meeting administration) (rr 14, 16C, 23, 35). These costs are likely to be borne indirectly by lot owners (through contributions) or directly by managers/agents.\n  - Behavioural incentives: Detailed trust‑account rules, mandatory audits and auditor reporting duties create incentives for agents to maintain robust accounting systems and reduce risk of misappropriation (rr 29–36). The ban on cash payments and computer‑backup requirements increase traceability.\n  - Concentrated benefits / diffuse costs: Professional indemnity/fidelity insurance and clear fee caps protect lot owners and corporations (benefit concentrated for small schemes), while agents and managers bear administrative burdens. Small schemes get exemptions (2‑lot corporations, low‑insured common property) reducing disproportionate burden (r 16C( b)).\n  - Discretion and decision points: The Registrar‑General has scope to issue guidelines, require further information, and determine exceptions (rr 4, 8(2), 10, 11). The ERD Court must consider specified factors when asked to amend or cancel a plan (r 13A) — directing judicial balancing of owners’ interests.\n  - Implementation risks: The regime relies on audit quality, Registrar‑General oversight and enforcement by corporations and courts. Poorly resourced corporations or inexperienced auditors could reduce effectiveness. Computer‑based exemptions shift risk to IT controls (rr 29–31).\n\nWho pays and who decides\n\n- Who pays: agents and body corporate managers pay for insurance and systems; community corporations (and thus lot owners through contributions) typically pay audit fees, insurance, and fees for provision of information (rr 14, 16C, 25, 35). Developers pay for plan preparation and surveys prior to plan deposit (rr 8–13, Sch 1).\n- Who decides: Registrar‑General (guidelines, plan deposit); community corporation members at meetings (resolutions, budgets, delegations); body corporate managers (subject to contract and disclosure obligations); auditors and the ERD Court in dispute or amendment/cancellation matters (rr 4, 9, 13A, 14, 35).\n\nImplementation and compliance burden summary\n\n- High administrative burden for agents/managers (detailed trust accounting, electronic back‑ups, monthly reconciliations, annual audits) (rr 29–36).\n- Moderate ongoing cost to corporations: insurance minima, fidelity cover (with some exemptions), record retention, and meeting administration (rr 14, 16C, 23).\n- Minimal procedural cost to lot owners other than potential pass‑through of corporate costs; owners gain protections via disclosure, limits on interest and formal notice content (rr 19, 20, 39).\n\nKey sections to look at for particular tasks\n\n- Lodging plans and surveys: rr 4, 8–13.\n- Body corporate manager contracts and insurance: r 14.\n- Meeting procedure and notices (including remote attendance): rr 15–16A.\n- Trust accounting and audit obligations for agents: rr 27–37.\n- Expenditure authorisations and levy notices: rr 18–21.\n\n(References are to regulation numbers in the Community Titles Regulations 2011.)"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2011 regulations were substantially expanded by the Statutes Amendment (Community and Strata Titles) Act 2012 amendments (effective 2013). The legislative history shows major insertions including: new Part 4 (Miscellaneous), regulations 13A, 14A, 16A-16C, 18A, 26A, and Form 11. The 2020 amendment deleted Schedule 2 (fees), moving fee-setting to a separate mechanism. The regulations have grown from basic administrative rules to include detailed governance procedures (remote meetings, specific meeting agendas), enhanced consumer protections (pamphlet requirements, trust account safeguards), and court procedures (ERD Court considerations). The trust account provisions in Division 2 are particularly elaborate, resembling financial services regulation rather than simple community management rules."},"complexity_factors":["Extensive cross-referencing to the parent Community Titles Act 1996 (nearly every regulation references specific section numbers)","Multiple nested conditional structures (e.g., regulation 21 has three tiers of spending thresholds with different resolution types, plus an exception within the second tier)","Detailed technical requirements for trust account computer systems (regulation 31(7)) specifying software capabilities like preventing debit balances without contemporaneous records","Numerous defined monetary thresholds that vary by context ($1.5m insurance, $5,000/$20,000/$50,000/$100,000 various limits, $2,000/$5,000 per lot calculations)","Dual pathways for remote meeting attendance (regulation 16A(3)) with alternative compliance methods","Schedule of 11 prescribed forms with specific certification language and notes","Multiple penalty provisions ($500 fines) scattered throughout Division 2","GST calculation clause requiring fee adjustment (regulation 25(2))","Temporal variations in record-keeping periods (30 years for minutes, 7 years for other records)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the detailed rules for how community title schemes operate in South Australia. Community titles are a way of owning property where you own your individual lot (like a house or unit) plus share ownership of common areas (like gardens, driveways, or pools) with other owners in the scheme.\n\n**Who it affects:**\n\n*   **Lot owners** — people who own property in a community title scheme\n*   **Community corporations** — the legal bodies that manage the shared property and make decisions for the scheme\n*   **Body corporate managers** — professional managers hired to run the corporation's affairs\n*   **Real estate agents** — specifically those handling trust money for community corporations\n*   **Developers** — who create new community title schemes\n*   **The Registrar-General** — the government official who registers land titles\n\n**Key areas covered:**\n\n**Land registration and plans:**\n*   Sets technical requirements for survey plans and maps\n*   Limits lot entitlements (voting rights and share of costs) to between 2 and 100,000 total\n*   Allows 200mm encroachments (structures slightly over boundaries) without complex approvals\n*   Requires the Registrar-General to examine plans before registration\n\n**Running community corporations:**\n*   Mandates what must be discussed at first meetings and annual general meetings\n*   Sets insurance requirements — body corporate managers need $1.5 million professional indemnity cover; corporations need fidelity guarantee insurance (covering theft by office-bearers) based on their bank balance or $50,000, whichever is higher\n*   Caps interest on overdue fees at 15% per year\n*   Requires specific information in levy notices (14 days minimum payment period)\n*   Sets spending thresholds requiring different levels of approval: ordinary resolutions for smaller amounts, special resolutions for medium amounts, unanimous resolutions for major purchases over $5,000 per lot\n*   Requires records be kept for 7-30 years depending on type\n\n**Trust account rules for agents:**\n*   Detailed bookkeeping requirements including cash books, separate ledger accounts, and monthly reconciliations\n*   Strict rules for handling trust money — no cash payments, specific receipt and cheque requirements\n*   Mandatory annual audits with specific checks auditors must perform\n*   Computer software requirements for electronic record-keeping (backups, audit trails, prevention of deletions)\n\n**Consumer protection:**\n*   Special rules for off-the-plan sales requiring deposits be held in trust until the plan is registered\n*   Fee limits for owners requesting corporation information ($1.20 per page for copies)\n*   Requirements for body corporate managers to provide pamphlets explaining owners' rights\n\n**Why it matters:**\n\nThese regulations protect the financial interests of thousands of South Australians living in community title properties — from townhouse complexes to retirement villages. The trust account rules prevent misappropriation of funds by property managers. The meeting and record-keeping rules ensure transparency in how owners' money is spent. The insurance requirements ensure corporations can recover losses from theft or mismanagement. Without these detailed operational rules, the Community Titles Act couldn't function effectively."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of this legislation changed from its original intent, as the legislative text was not retrievable. No meaningful comparison between original and current provisions could be made."},"complexity_factors":["Legislation content was inaccessible due to a broken URL — no substantive text could be analysed","Community titles schemes are inherently multi-layered (lot owners, community corporations, staged development structures), suggesting moderate-to-high underlying complexity","Regulations typically reference and interact with a parent Act, adding interpretive complexity","Score is conservatively low given the absence of actual legislative text to assess"],"plain_english_summary":"The Community Titles Regulations 2011 (SA) would implement and support the Community Titles Act 1996, setting out how community title schemes are managed and the practical rules that affect ownership, development and administration of shared-property developments. \n\nIt matters to lot owners, buyers and sellers, developers, community corporations and their managers, and conveyancers because it governs everyday rights, financial management and administrative requirements for living in or creating community-titled schemes."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/community-titles-regulations-2011","history":"/api/acts/community-titles-regulations-2011/history","analysis":"/api/acts/community-titles-regulations-2011/analysis","conflicts":"/api/acts/community-titles-regulations-2011/conflicts","importantCases":"/api/acts/community-titles-regulations-2011/important-cases","documents":"/api/acts/community-titles-regulations-2011/documents"}}