Body Corporate and Community Management Act 1997
sec.39Creating common property from scheme land (new scheme)
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sec.39 Creating common property from scheme land (new scheme)
This section applies if a lot included in a community titles scheme ( scheme A ) is subdivided and becomes a new community titles scheme. Land in the subdivided lot that does not become scheme land for the new scheme 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 39 amd 1997 No. 78 s 9 (sec.39-ssec.1) This section applies if a lot included in a community titles scheme ( scheme A ) is subdivided and becomes a new community titles scheme. (sec.39-ssec.2) Land in the subdivided lot that does not become scheme land for the new scheme could become common property for scheme A. (sec.39-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.