Part 1
Preliminary
Part 1 — Preliminary
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Short title 2
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Commencement 2
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Terms used 2
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Notes and examples not part of Act 19
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Act binds Crown 19
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Western Australia act
**What this law does (mechanics first)
Creates a new legal system for subdividing freehold land into "community titles" managed as a coordinated set of schemes (a "community scheme") made up of up to three nested tiers (tier 1, 2 and 3). Each registered community titles scheme must have four scheme documents: a scheme notice, a scheme plan, a schedule of unit entitlements and scheme by‑laws (see s15).
When registered, each lot gets a separate community title (s16). Common property (shared areas and facilities) is established and is managed by a community corporation that is created automatically on registration of the scheme (s12, s17, s75).
Planning and registration steps are specialised. Developers must get a community development statement approved by the Planning Commission (Part 3 Div 2; see s18, s21–s26) and then obtain the usual subdivision and development approvals before a scheme plan can be registered (s18(1)(b), s29–s30). Many approvals and documentary certifications (e.g. from licensed valuers and surveyors) are required before registration (see ss37, 41, 39–40).
The Act sets out governance and finances: community corporations must keep an administrative fund and a reserve fund, prepare budgets and a 10‑year reserve plan, levy contributions on members (owners) according to unit entitlements (or by by‑law alternative), insure insurable assets and keep records (ss85–88, 83, 91–92).
Property interests and easements are standardised. The Act creates statutory easements for support, shelter and utility services and provides for "short form" easements and infrastructure easements where private operators own infrastructure on common property (ss54–57, 38).
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Direct links to the current provisions in Community Titles Act 2018.
Part 1 — Preliminary
Short title 2
Commencement 2
Terms used 2
Notes and examples not part of Act 19
Act binds Crown 19
Part 2 — Community schemes
Legislative framework 20
Community scheme 20
Community titles scheme — tier 1 scheme 21
Community titles scheme — tier 2 scheme 22
Community titles scheme — tier 3 scheme 22
Lots — community titles (building) schemes and community titles (land) schemes 23
Common property 25
Relationships in and between schemes 26
Subdivision of land by community scheme 27
Registration of community titles scheme 27
Community titles 28
Community corporation 32
Part 3 — Planning and development
Division 1 — Introduction
Planning requirements for subdivision by community scheme 34
Effect of community development statement on planning approvals 35
Waiver of other requirements relating to plans or instruments 36
Division 2 — Community development statement
Application to approve statement or amendment 37
Comments from local government and others 38
Decision as to appropriate form of subdivision 39
Approval of community development statement or amendment 40
Content of statement 41
Development period for community scheme 44
Statement or amendment ceases to have effect in certain circumstances 46
Availability of statement 47
Division 3 — Planning approvals
Planning approvals 47
Modification of Planning and Development Act 48
Approval of modification of restricted use condition 51
Approval under planning (scheme by‑laws) condition 51
Division 4 — Miscellaneous
Applications under Part 52
Review of decisions 52
Part 4 — Scheme documents
Division 1 — Scheme notice
Scheme notice 54
Name and address for service of community corporation 54
Division 2 — Scheme plan
Scheme plan 55
Short form easements or restrictive covenants 57
Requirements for registration of scheme plan 59
Requirements for registration of amendment of scheme plan 60
Division 3 — Schedule of unit entitlements
Schedule of unit entitlements 64
Requirements for registration of amendment of schedule of unit entitlements 66
Division 4 — Scheme by‑laws
Scheme by‑laws 66
Application of scheme by‑laws 67
Content of scheme by‑laws 68
Exclusive use by‑laws 71
Invalidity of scheme by‑laws 73
Enforcement of scheme by‑laws 74
Requirement for registration of amendment to give effect to scheme by‑laws 77
Part 5 — Registration and land titles
Division 1 — Schemes and amendments of schemes
Application for registration 78
Effect of registration 79
Registration process 81
No presumption of validity of scheme by‑laws 82
Division 2 — Statutory easements
Easement for support, shelter and projections — lot 83
Easement for support, shelter and projections — common property 84
Utility service easement 86
Common property infrastructure easement 88
Entry under statutory easement 89
Rectification of damage 91
Division 3 — Rates, taxes and charges
Arrangements for sharing of information 91
Valuation for rating and taxing 91
Objections 94
Rating and taxing 95
Charges for water supplied 95
Part 6 — Original subdivision owner
First statutory general meeting 96
Key documents 96
Disclosure of remuneration and other benefits 97
Defects in scheme buildings or infrastructure 98
Contracting out prohibited 99
Part 7 — Lot owners and occupiers
Offence to contravene restricted use condition 100
Use and enjoyment 100
Information and agent 100
Insurance for lot 101
Person to act for lot owner in certain circumstances 102
Part 8 — Community corporation
Division 1 — Functions
Subdivision 1 — Property
Control and management of common property 103
Rights over common property 104
Personal property 104
Temporary common property 104
Transactions relating to land 105
Carrying out work and recovering cost 106
Power of community corporation to enter any part of parcel 107
Recovery of property 108
Subdivision 2 — Insurance
Required insurance 108
Notice to member of community corporation 111
Subdivision 3 — Financial management
Funds and investment 111
Accounting records and statement of accounts 113
Budget 113
Contributions 114
Subdivision 4 — Participation in community scheme
Functions as member of another community corporation 116
Cooperation between community corporations 117
Subdivision 5 — Records and correspondence
Records and correspondence 118
Scheme contacts register 120
Letterbox and electronic communications 122
Subdivision 6 — Provision of information
Application by person with proper interest in information 122
Information from scheme contacts register 123
Inspection of material 123
Certificates 124
Legal professional privilege and defamation 126
Subdivision 7 — Miscellaneous powers
Compliance with scheme by‑laws 126
Enforcement of road laws 126
Enforcement of local laws 127
Termination of certain services or amenities contracts 127
Subdivision 8 — Limitations
Limitations on exercise of powers 128
Common seal and execution of documents 129
Division 2 — Objectives
Division 3 — Procedures
Voting and resolutions 131
Voting by proxy 134
Annual general meeting 135
Convening of general meetings 135
Procedure at general meetings 137
Division 4 — Council and officers
Council and officers of community corporation 138
Functions and procedures of council 140
General duties and conflicts of interest 141
Division 5 — Miscellaneous
Performance of council functions in general meeting 142
Protection from liability 142
Exclusion of Corporations Act 143
Part 9 — Scheme managers
Authorisation of functions of scheme manager 144
Requirements to be met by scheme manager 146
Scheme management contract: minimum requirements 146
General duties and conflict of interest 148
Disclosure of remuneration and other benefits 149
Operation of accounts 149
Accounting information 150
Audits 151
Termination of scheme management contract 152
Return of property 154
Provision of information about industry 154
Contracting out prohibited 155
Protection from liability 155
Part 10 — Protection of buyers
Information to be given before contract 156
Information to be given after contract 159
Delay in settlement for failure to give information 161
Avoidance of contract for failure to give information 161
Avoidance of contract on notification of variation for material prejudice 162
Avoidance of contract for failure to disclose type 1 notifiable variation 162
Avoidance of contract for failure to disclose type 2 notifiable variation 162
Proposed lot contract 163
Avoidance of contract — manner and effect 164
Contracting out prohibited 165
Part 11 — Termination
Division 1 — Termination proposals
Introduction 166
Outline of termination proposal 166
Content of outline of termination proposal 168
Ordinary resolution required to proceed further 169
Approval of plan of subdivision 169
Full proposal 171
Reference of full proposal to independent advocate 172
Content of full proposal 173
Meetings and submissions 178
Vote 178
Confirmation of termination resolution by Tribunal 181
Endorsement of subdivision approval on plan 190
Order for directions about winding up of community corporation 191
Application for termination 192
Registration process for termination 193
Effect of termination of scheme 194
Withdrawal of termination proposal 196
Notice that termination proposal cannot proceed further 196
Notices received by Registrar of Titles 197
Costs of process 198
Arrangements for independent advice or representation for owners 198
Division 2 — Termination by single owner
Part 12 — Tribunal proceedings
Scheme disputes 201
Procedure 204
Declarations 206
Orders 206
Interim orders 210
Decision not to make order or declaration 210
Certain powers only exercisable by judicial member or legally qualified member 211
Limitations on orders 211
Administrator of community corporation 212
Contributions for money payable by community corporation 213
Enforcement of order to act 214
Order overrides existing scheme by‑laws 214
Original jurisdiction 215
Internal review of order or declaration 215
Part 13 — Miscellaneous
Refusal or failure to perform function 217
Address for service 217
Termination or amendment of community titles scheme as consequence of compulsory acquisition 217
Entry to common property 218
Court or tribunal may refer matters to Tribunal 218
Service of documents on community corporations, members and others 218
Correction of errors by Registrar of Titles 220
Delegation by Registrar of Titles 221
Money received by Registrar of Titles 222
Disposition statement 222
Requirements under Transfer of Land Act 222
Regulations 222
Certain prescribed fees may exceed cost recovery 223
Expiry of section 188 224
Review of this Act 224
Part 14 — Other Acts amended
Division 1 — Building Act 2011 amended
Act amended 226
Section 3 amended 226
Division 2 — Commercial Tenancy (Retail Shops) Agreements Act 1985 amended
Act amended 226
Section 3 amended 226
Section 12 amended 226
Division 3 — Credit (Administration) Act 1984 amended
Act amended 227
Section 4 amended 227
Division 4 — Credit Act 1984 amended
Act amended 227
Section 5 amended 227
Division 5 — Dividing Fences Act 1961 amended
Act amended 228
Section 5 amended 228
Section 6 amended 229
Division 6 — Duties Act 2008 amended
Act amended 230
Section 17 amended 230
Section 87 amended 230
Section 90 amended 231
Division 7 — Electronic Conveyancing Act 2014 amended
Act amended 231
Section 3 amended 231
Division 8 — Environmental Protection Act 1986 amended
Act amended 232
Section 3 amended 232
Division 9 — First Home Owner Grant Act 2000 amended
Act amended 232
Section 14B amended 232
Division 10 — Home Building Contracts Act 1991 amended
Act amended 233
Section 3 amended 233
Division 11 — Land Information Authority Act 2006 amended
Act amended 233
Section 94A amended 233
Division 12 — Land Tax Assessment Act 2002 amended
Act amended 234
Section 43A amended 234
Glossary amended 234
Division 13 — Perth Parking Management Act 1999 amended
Act amended 235
Section 4 amended 235
Division 14 — Planning and Development Act 2005 amended
Act amended 237
Section 136 amended 237
Division 15 — Property Law Act 1969 amended
Act amended 238
Section 6 amended 238
Section 7 amended 238
Division 16 — Rates and Charges (Rebates and Deferments) Act 1992 amended
Act amended 239
Section 28 amended 239
Division 17 — Real Estate and Business Agents Act 1978 amended
Act amended 239
Section 4 amended 239
Section 61 amended 240
Section 131A amended 240
Division 18 — Residential Tenancies Act 1987 amended
Act amended 240
Section 48 amended 240
Division 19 — Retirement Villages Act 1992 amended
Act amended 241
Section 15 amended 241
Section 23 amended 241
Section 54A inserted 241
54A. Jurisdiction of Tribunal under Community Titles Act 2018 241
Division 20 — Sale of Land Act 1970 amended
Act amended 242
Section 11 amended 242
Section 13 amended 243
Section 14 amended 243
Division 21 — Settlement Agents Act 1981 amended
Act amended 243
Section 46 amended 244
Schedule 2 clause 1 amended 244
Division 22 — Swan and Canning Rivers Management Act 2006 amended
Act amended 244
Schedule 5 amended 244
Division 23 — Transfer of Land Act 1893 amended
Act amended 244
Section 65A amended 245
Section 129A amended 245
Section 136A amended 246
Section 136F amended 246
Section 181 amended 246
Section 182A amended 247
Section 192B amended 249
Section 192C amended 249
Section 192D amended 249
Section 198 amended 250
Section 214 amended 250
Section 239 amended 250
Section 242 amended 250
Division 24 — Valuation of Land Act 1978 amended
Act amended 250
Section 24 amended 251
Section 37 amended 251
Division 25 — Water Services Act 2012 amended
Act amended 251
Section 3 amended 251
Section 71 amended 251
Section 124 amended 252
Section 125 amended 252
Notes
Compilation table 253
Uncommenced provisions table 253
Other notes 254
Defined terms
An Act —
The Parliament of Western Australia enacts as follows:
This is the Community Titles Act 2018.
This Act comes into operation as follows —
(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
(1) In this Act, unless the contrary intention appears —
address for service — see section 177;
ADI means an authorised deposit‑taking institution within the meaning given in the Banking Act 1959 (Commonwealth) section 5(1);
administrative fund — see section 85(1)(a);
administrator of a community corporation means a person appointed by the Tribunal as an administrator of the community corporation under section 165(2)(q);
amendment of a community titles scheme — see section 15(2);
amendment in relation to common property or a lot in a community titles scheme — see subsection (2);
approved form — a document, evidence or information is in an approved form only if it is in the form approved under the regulations or Transfer of Land Act requirements and it complies with any requirements of the regulations or Transfer of Land Act requirements;
assistance animal has the meaning given in the Disability Discrimination Act 1992 (Commonwealth) section 9(2);
associate — 2 persons are associates if —
(a) 1 is the spouse or de facto spouse of the other; or
(b) 1 is the child or grandchild of the other; or
(c) they have a parent or grandparent in common; or
(d) they are partners; or
(e) they are directors of the same body corporate; or
(f) 1 is employed by the other; or
(g) 1 is a body corporate and the other is a director, officer or employee of the body corporate or a person who is otherwise in a position to control or substantially influence the conduct of the body corporate; or
(h) they are bodies corporate and the same person is a director of both bodies corporate;
Authority means the Western Australian Land Information Authority established by the Land Information Authority Act 2006 section 5;
belongs — see section 13 —
(a) for when a lot, tier parcel or common property belongs to a community titles scheme; and
(b) for when a community titles scheme belongs to another community titles scheme;
building includes structure;
capital value has the meaning given in the Valuation of Land Act 1978 section 4(1);
Commissioner of Titles means the person holding or acting in the office of the Commissioner of Titles under the Transfer of Land Act 1893;
common property means —
(a) tier 1 common property; or
(b) tier 2 common property; or
(c) tier 3 common property;
See, for tier 1, section 8(4), for tier 2, section 9(4) and, for tier 3, section 10(4).
Section 12 determines what comprises common property, regardless of the tier of the community titles scheme to which the common property belongs.
common property infrastructure easement means a statutory easement under section 57;
community corporation means —
(a) a tier 1 corporation; or
(b) a tier 2 corporation; or
(c) a tier 3 corporation;
Section 17 establishes a community corporation for a community titles scheme, regardless of the tier of the scheme.
community development statement means a document approved as a community development statement by the Planning Commission under Part 3 Division 2;
community scheme means the community titles schemes that together subdivide a parcel of land;
community title — see section 16;
community titles (building) scheme — see section 11(7);
community titles (land) scheme — see section 11(8);
community titles scheme means —
(a) a tier 1 scheme; or
(b) a tier 2 scheme; or
(c) a tier 3 scheme;
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Community Titles Act 2018
Western Australia
Community Titles Act 2018
Contents
Part 1 — Preliminary
Short title 2
Commencement 2
Terms used 2
Notes and examples not part of Act 19
Act binds Crown 19
Part 2 — Community schemes
Legislative framework 20
Community scheme 20
Community titles scheme — tier 1 scheme 21
Community titles scheme — tier 2 scheme 22
Community titles scheme — tier 3 scheme 22
Lots — community titles (building) schemes and community titles (land) schemes 23
Common property 25
Relationships in and between schemes 26
Subdivision of land by community scheme 27
Registration of community titles scheme 27
Community titles 28
Community corporation 32
Part 3 — Planning and development
Division 1 — Introduction
Planning requirements for subdivision by community scheme 34
Effect of community development statement on planning approvals 35
Waiver of other requirements relating to plans or instruments 36
Division 2 — Community development statement
Application to approve statement or amendment 37
Comments from local government and others 38
Decision as to appropriate form of subdivision 39
Approval of community development statement or amendment 40
Content of statement 41
Development period for community scheme 44
Statement or amendment ceases to have effect in certain circumstances 46
Scheme managers (professional managers) may be authorised to perform many functions subject to written contracts, disclosure requirements and regulatory standards; volunteer managers are allowed but treated differently (Part 9, ss117–126).
Buyer protections and disclosure rules are prescribed: sellers must give extensive scheme information before contract and notify buyers of specified "notifiable variations"; failure to give required information can delay or allow avoidance of settlement (Part 10, ss130–138).
There is detailed procedure for terminating a scheme (unwinding community titles), including staged proposals, independent advocate review, owner voting with strict thresholds, Planning Commission / Tribunal involvement and protections for dissenting owners, mortgagees, occupiers and infrastructure owners (Part 11, ss140–155).
The State Administrative Tribunal (the Tribunal) is given extensive jurisdiction to resolve scheme disputes, make orders (including appointing administrators), and confirm termination resolutions; some orders require a judicial or legally qualified member (Part 12, ss162–174).
The Act amends many other Western Australian Acts to integrate community titles across planning, land registration, valuation, taxation, building, tenancy and utility regimes (Part 14).
Why the Act exists (official rationale and practical effect)
Who this affects (direct stakeholders)
Who pays, who decides, and what behaviour changes (mechanisms and incentives)
Who pays: Owners (members) pay contributions determined and levied by the community corporation (s88). Buyers can defer settlement or avoid contracts where required information is not supplied (ss132–136). Proponents of termination pay fees for process costs to community corporations where permitted (s159) and must fund arrangements for independent advice for vulnerable owners (s160).
Who decides: The Planning Commission approves community development statements and endorses scheme plans (Part 3, s23, s29–30). Community corporations (and their councils) make routine governance decisions, budgets and levy contributions (ss75, 87–88, 106). The Tribunal resolves disputes, may appoint administrators and confirm terminations (Part 12, ss165, 170, 150). Registrar of Titles registers schemes and records related notices (Part 5, ss15, 52).
Behaviour changes incentivised: developers must collate and give "key documents" and obtain Planning Commission sign‑off; owners must keep contact information updated and attend or vote in meetings; community corporations must professionalise record‑keeping, budgeting and insurance; scheme managers face formal contracting and disclosure regimes; buyers gain statutory rights to delay or avoid completion for non‑disclosure (ss66, 130–137, 91–92, 117–125).
Costs, trade‑offs, risks and implementation burdens (testing the purpose‑claim)
Compliance and upfront costs: registration requires licensed surveyor certification, valuer certification, approved plan and potentially building approvals (ss37, 41, 39). Developers carry extra compliance costs compared with conventional subdivisions.
Ongoing administrative burdens: small community corporations may find the required record‑keeping, insurance, reserve planning, audits and scheme management contracting (ss83, 85–86, 91, 119–124) materially heavier than under simpler tenure models.
Transactional clarity vs regulatory complexity: the Act reduces title ambiguity (community title per lot, statutory easements) but layers many cross‑Act requirements (s6, Part 14), increasing legal and procedural complexity for transactions and disputes.
Concentrated benefits, diffuse costs: developers can benefit from enabling complex mixed‑use developments (through community development statements and infrastructure contracts) (s25, s57) while costs of maintenance, insurance and reserve funding are spread among many lot owners (ss85–88). The Act builds in disclosure (s67) and Tribunal oversight (ss146,150) to counter abuses but residual capture risk remains where an original subdivision owner or a party with major unit entitlement can influence outcomes (see ss66–69, 102).
Dispute and enforcement costs: broad Tribunal powers (Part 12) give owners and other parties an enforcement route, but bring litigation risk and associated costs; some powers require judicial or legally qualified members (ss168, 150(23)).
Substitution effects: developers may choose strata‑title, community titles or conventional titles depending on relative regulatory cost, flexibility in by‑laws and market demand. The Act provides features (multi‑tier ownership, exclusive use by‑laws, infrastructure easements) that make community titles attractive for complex projects (ss11, 46, 57).
Implementation risk and bureaucratic discretion: the Planning Commission and Registrar have many discretionary certification and approval roles (s30(1)(h), s52(1)(b)), and regulations fill many technical details. Effective operation depends on guidance, forms and inter‑agency coordination.
Relevant notable mechanics and protections to watch (concrete references)
Bottom line (practical significance)
Availability of statement 47
Division 3 — Planning approvals
Planning approvals 47
Modification of Planning and Development Act 48
Approval of modification of restricted use condition 51
Approval under planning (scheme by‑laws) condition 51
Division 4 — Miscellaneous
Applications under Part 52
Review of decisions 52
Part 4 — Scheme documents
Division 1 — Scheme notice
Scheme notice 54
Name and address for service of community corporation 54
Division 2 — Scheme plan
Scheme plan 55
Short form easements or restrictive covenants 57
Requirements for registration of scheme plan 59
Requirements for registration of amendment of scheme plan 60
Division 3 — Schedule of unit entitlements
Schedule of unit entitlements 64
Requirements for registration of amendment of schedule of unit entitlements 66
Division 4 — Scheme by‑laws
Scheme by‑laws 66
Application of scheme by‑laws 67
Content of scheme by‑laws 68
Exclusive use by‑laws 71
Invalidity of scheme by‑laws 73
Enforcement of scheme by‑laws 74
Requirement for registration of amendment to give effect to scheme by‑laws 77
Part 5 — Registration and land titles
Division 1 — Schemes and amendments of schemes
Application for registration 78
Effect of registration 79
Registration process 81
No presumption of validity of scheme by‑laws 82
Division 2 — Statutory easements
Easement for support, shelter and projections — lot 83
Easement for support, shelter and projections — common property 84
Utility service easement 86
Common property infrastructure easement 88
Entry under statutory easement 89
Rectification of damage 91
Division 3 — Rates, taxes and charges
Arrangements for sharing of information 91
Valuation for rating and taxing 91
Objections 94
Rating and taxing 95
Charges for water supplied 95
Part 6 — Original subdivision owner
First statutory general meeting 96
Key documents 96
Disclosure of remuneration and other benefits 97
Defects in scheme buildings or infrastructure 98
Contracting out prohibited 99
Part 7 — Lot owners and occupiers
Offence to contravene restricted use condition 100
Use and enjoyment 100
Information and agent 100
Insurance for lot 101
Person to act for lot owner in certain circumstances 102
Part 8 — Community corporation
Division 1 — Functions
Subdivision 1 — Property
Control and management of common property 103
Rights over common property 104
Personal property 104
Temporary common property 104
Transactions relating to land 105
Carrying out work and recovering cost 106
Power of community corporation to enter any part of parcel 107
Recovery of property 108
Subdivision 2 — Insurance
Required insurance 108
Notice to member of community corporation 111
Subdivision 3 — Financial management
Funds and investment 111
Accounting records and statement of accounts 113
Budget 113
Contributions 114
Subdivision 4 — Participation in community scheme
Functions as member of another community corporation 116
Cooperation between community corporations 117
Subdivision 5 — Records and correspondence
Records and correspondence 118
Scheme contacts register 120
Letterbox and electronic communications 122
Subdivision 6 — Provision of information
Application by person with proper interest in information 122
Information from scheme contacts register 123
Inspection of material 123
Certificates 124
Legal professional privilege and defamation 126
Subdivision 7 — Miscellaneous powers
Compliance with scheme by‑laws 126
Enforcement of road laws 126
Enforcement of local laws 127
Termination of certain services or amenities contracts 127
Subdivision 8 — Limitations
Limitations on exercise of powers 128
Common seal and execution of documents 129
Division 2 — Objectives
Division 3 — Procedures
Voting and resolutions 131
Voting by proxy 134
Annual general meeting 135
Convening of general meetings 135
Procedure at general meetings 137
Division 4 — Council and officers
Council and officers of community corporation 138
Functions and procedures of council 140
General duties and conflicts of interest 141
Division 5 — Miscellaneous
Performance of council functions in general meeting 142
Protection from liability 142
Exclusion of Corporations Act 143
Part 9 — Scheme managers
Authorisation of functions of scheme manager 144
Requirements to be met by scheme manager 146
Scheme management contract: minimum requirements 146
General duties and conflict of interest 148
Disclosure of remuneration and other benefits 149
Operation of accounts 149
Accounting information 150
Audits 151
Termination of scheme management contract 152
Return of property 154
Provision of information about industry 154
Contracting out prohibited 155
Protection from liability 155
Part 10 — Protection of buyers
Information to be given before contract 156
Information to be given after contract 159
Delay in settlement for failure to give information 161
Avoidance of contract for failure to give information 161
Avoidance of contract on notification of variation for material prejudice 162
Avoidance of contract for failure to disclose type 1 notifiable variation 162
Avoidance of contract for failure to disclose type 2 notifiable variation 162
Proposed lot contract 163
Avoidance of contract — manner and effect 164
Contracting out prohibited 165
Part 11 — Termination
Division 1 — Termination proposals
Introduction 166
Outline of termination proposal 166
Content of outline of termination proposal 168
Ordinary resolution required to proceed further 169
Approval of plan of subdivision 169
Full proposal 171
Reference of full proposal to independent advocate 172
Content of full proposal 173
Meetings and submissions 178
Vote 178
Confirmation of termination resolution by Tribunal 181
Endorsement of subdivision approval on plan 190
Order for directions about winding up of community corporation 191
Application for termination 192
Registration process for termination 193
Effect of termination of scheme 194
Withdrawal of termination proposal 196
Notice that termination proposal cannot proceed further 196
Notices received by Registrar of Titles 197
Costs of process 198
Arrangements for independent advice or representation for owners 198
Division 2 — Termination by single owner
Part 12 — Tribunal proceedings
Scheme disputes 201
Procedure 204
Declarations 206
Orders 206
Interim orders 210
Decision not to make order or declaration 210
Certain powers only exercisable by judicial member or legally qualified member 211
Limitations on orders 211
Administrator of community corporation 212
Contributions for money payable by community corporation 213
Enforcement of order to act 214
Order overrides existing scheme by‑laws 214
Original jurisdiction 215
Internal review of order or declaration 215
Part 13 — Miscellaneous
Refusal or failure to perform function 217
Address for service 217
Termination or amendment of community titles scheme as consequence of compulsory acquisition 217
Entry to common property 218
Court or tribunal may refer matters to Tribunal 218
Service of documents on community corporations, members and others 218
Correction of errors by Registrar of Titles 220
Delegation by Registrar of Titles 221
Money received by Registrar of Titles 222
Disposition statement 222
Requirements under Transfer of Land Act 222
Regulations 222
Certain prescribed fees may exceed cost recovery 223
Expiry of section 188 224
Review of this Act 224
Part 14 — Other Acts amended
Division 1 — Building Act 2011 amended
Act amended 226
Section 3 amended 226
Division 2 — Commercial Tenancy (Retail Shops) Agreements Act 1985 amended
Act amended 226
Section 3 amended 226
Section 12 amended 226
Division 3 — Credit (Administration) Act 1984 amended
Act amended 227
Section 4 amended 227
Division 4 — Credit Act 1984 amended
Act amended 227
Section 5 amended 227
Division 5 — Dividing Fences Act 1961 amended
Act amended 228
Section 5 amended 228
Section 6 amended 229
Division 6 — Duties Act 2008 amended
Act amended 230
Section 17 amended 230
Section 87 amended 230
Section 90 amended 231
Division 7 — Electronic Conveyancing Act 2014 amended
Act amended 231
Section 3 amended 231
Division 8 — Environmental Protection Act 1986 amended
Act amended 232
Section 3 amended 232
Division 9 — First Home Owner Grant Act 2000 amended
Act amended 232
Section 14B amended 232
Division 10 — Home Building Contracts Act 1991 amended
Act amended 233
Section 3 amended 233
Division 11 — Land Information Authority Act 2006 amended
Act amended 233
Section 94A amended 233
Division 12 — Land Tax Assessment Act 2002 amended
Act amended 234
Section 43A amended 234
Glossary amended 234
Division 13 — Perth Parking Management Act 1999 amended
Act amended 235
Section 4 amended 235
Division 14 — Planning and Development Act 2005 amended
Act amended 237
Section 136 amended 237
Division 15 — Property Law Act 1969 amended
Act amended 238
Section 6 amended 238
Section 7 amended 238
Division 16 — Rates and Charges (Rebates and Deferments) Act 1992 amended
Act amended 239
Section 28 amended 239
Division 17 — Real Estate and Business Agents Act 1978 amended
Act amended 239
Section 4 amended 239
Section 61 amended 240
Section 131A amended 240
Division 18 — Residential Tenancies Act 1987 amended
Act amended 240
Section 48 amended 240
Division 19 — Retirement Villages Act 1992 amended
Act amended 241
Section 15 amended 241
Section 23 amended 241
Section 54A inserted 241
54A. Jurisdiction of Tribunal under Community Titles Act 2018 241
Division 20 — Sale of Land Act 1970 amended
Act amended 242
Section 11 amended 242
Section 13 amended 243
Section 14 amended 243
Division 21 — Settlement Agents Act 1981 amended
Act amended 243
Section 46 amended 244
Schedule 2 clause 1 amended 244
Division 22 — Swan and Canning Rivers Management Act 2006 amended
Act amended 244
Schedule 5 amended 244
Division 23 — Transfer of Land Act 1893 amended
Act amended 244
Section 65A amended 245
Section 129A amended 245
Section 136A amended 246
Section 136F amended 246
Section 181 amended 246
Section 182A amended 247
Section 192B amended 249
Section 192C amended 249
Section 192D amended 249
Section 198 amended 250
Section 214 amended 250
Section 239 amended 250
Section 242 amended 250
Division 24 — Valuation of Land Act 1978 amended
Act amended 250
Section 24 amended 251
Section 37 amended 251
Division 25 — Water Services Act 2012 amended
Act amended 251
Section 3 amended 251
Section 71 amended 251
Section 124 amended 252
Section 125 amended 252
Notes
Compilation table 253
Uncommenced provisions table 253
Other notes 254
Defined terms
Western Australia
Community Titles Act 2018
An Act —
The Parliament of Western Australia enacts as follows:
This is the Community Titles Act 2018.
This Act comes into operation as follows —
(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
(1) In this Act, unless the contrary intention appears —
address for service — see section 177;
ADI means an authorised deposit‑taking institution within the meaning given in the Banking Act 1959 (Commonwealth) section 5(1);
administrative fund — see section 85(1)(a);
administrator of a community corporation means a person appointed by the Tribunal as an administrator of the community corporation under section 165(2)(q);
amendment of a community titles scheme — see section 15(2);
amendment in relation to common property or a lot in a community titles scheme — see subsection (2);
approved form — a document, evidence or information is in an approved form only if it is in the form approved under the regulations or Transfer of Land Act requirements and it complies with any requirements of the regulations or Transfer of Land Act requirements;
assistance animal has the meaning given in the Disability Discrimination Act 1992 (Commonwealth) section 9(2);
associate — 2 persons are associates if —
(a) 1 is the spouse or de facto spouse of the other; or
(b) 1 is the child or grandchild of the other; or
(c) they have a parent or grandparent in common; or
(d) they are partners; or
(e) they are directors of the same body corporate; or
(f) 1 is employed by the other; or
(g) 1 is a body corporate and the other is a director, officer or employee of the body corporate or a person who is otherwise in a position to control or substantially influence the conduct of the body corporate; or
(h) they are bodies corporate and the same person is a director of both bodies corporate;
Authority means the Western Australian Land Information Authority established by the *Land Information Authority Act
This is an opening excerpt, not the complete document.