25Acquisition of additional association property by transfer

25 Acquisition of additional association property by transfer

25 Acquisition of additional association property by transfer

(1) An association may add land to its association property by transfer if—

(a) the land is not part of the scheme parcel, and

(b) the land is contiguous to the scheme parcel, and

(c) the transfer is registered under the Real Property Act 1900.

(2) If the scheme is a subsidiary scheme, the transferred land must comprise a development lot within a scheme of which the subsidiary scheme is part.

(3) The transfer—

(a), (b) (Repealed)

(c) must be accompanied by a certificate under the seal of the association to which the land is to be transferred to the effect that acceptance of the transfer was authorised by special resolution, and

(d) must be accompanied by a replacement sheet for the association property plan showing the altered boundaries of the association property, and

(e) must be accompanied by an additional sheet of the detail plan showing the detailed survey information of the additional land, and

(f) if required by the Registrar-General, must be accompanied by a replacement location plan showing the new boundaries and overall layout of the scheme parcel, and

(g) must not be registered unless the folio for the lot is freed from all relevant interests, and

(h) must not be registered unless—

(i) the initial period has expired, or

(ii) there is a development contract in force and the transfer is in accordance with the contract, or

(iii) the transfer has been authorised by the Tribunal.

(4) In this section—

detailed survey information for a plan, means the survey information required to be included in the plan by regulations made under the Surveying and Spatial Information Act 2002.

s 25: Am 2022 No 59, Sch 1.5[1].