28Transfer of association property

#### 28 Transfer of association property 28 Transfer of association property > > (1) An association may transfer land forming part of its association property if— > > > > > (a) the land is not all of its association property, and > > > > > (b) the land is not held by it on lease, and > > > > > (c) the land is shown as a lot in a plan lodged for registration as a current plan, and > > > > > (d) the transfer is registered under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025). > > > (2) The transfer— > > > > > (a) must be accompanied by a replacement sheet for the association property plan showing the altered boundaries of the association property, and > > > > > (b) must be accompanied by a certificate (an association certificate) in the approved form, and > > > > > (c) must not be registered unless— > > > > > > > (i) the initial period has expired, or > > > > > > > (ii) the transfer has been authorised by the Tribunal. > > > (3) The association certificate must be under the seal of the association and be to the effect that— > > > > > (a) execution of the transfer was authorised by special resolution, and > > > > > (b) any interest in the land has been released if— > > > > > > > (i) the transfer has not been made subject to the interest, and > > > > > > > (ii) the interest is not a statutory interest or an interest recorded in the Register, and > > > > > > > (iii) the association has notice of the interest, and > > > > > (c) any by-law restricting the use of the association property no longer affects the interest passing under the transfer. > > > (4) Land transferred under this section ceases to be association property.