Body Corporate and Community Management Act 1997
sec.38Creating common property by subdivision (no new scheme)
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sec.38 Creating common property by subdivision (no new scheme)
This section applies if— a lot included in a community titles scheme ( scheme A ) is subdivided by a plan of subdivision; and the lots created under the plan of subdivision become lots in scheme A. Land in the subdivided lot that does not become a lot in scheme A could become common property for scheme A. However, if the community management statement for a community titles scheme for which scheme A is a subsidiary scheme provides that the land is to become common property for a scheme (the higher scheme ) for which scheme A is a subsidiary scheme, the land could become common property for the higher scheme. s 38 amd 1997 No. 78 s 8 (sec.38-ssec.1) This section applies if— a lot included in a community titles scheme ( scheme A ) is subdivided by a plan of subdivision; and the lots created under the plan of subdivision become lots in scheme A. (sec.38-ssec.2) Land in the subdivided lot that does not become a lot in scheme A could become common property for scheme A. (sec.38-ssec.3) However, if the community management statement for a community titles scheme for which scheme A is a subsidiary scheme provides that the land is to become common property for a scheme (the higher scheme ) for which scheme A is a subsidiary scheme, the land could become common property for the higher scheme.
- (a) a lot included in a community titles scheme ( scheme A ) is subdivided by a plan of subdivision; and
- (b) the lots created under the plan of subdivision become lots in scheme A.