sec.21-oc.2Acquisition of additional common property

### sec.21-oc.2 Acquisition of additional common property In this section— land means land as defined in section 3 of the principal Act, being land— under the Land Title Act 1994 ; and within the corporation area; and held in fee simple by the corporation, the council or other public agency, solely or jointly; but does not include a leasehold interest in land evidenced by a lease not registered under the Land Title Act 1994 . (new) Subject to subsection (1B) , a body corporate may, pursuant to a resolution without dissent and with the consent of the lessor, accept a lease or sublease, or a transfer of a lease or sublease, of land (not being a grant or lot within the parcel) which is— contiguous— in any case—to the parcel; or in the case of a stratum parcel—to the site on which is erected the building part of which is comprised in the leasehold building units plan; or not contiguous— in any case—to the parcel; or in the case of a stratum parcel—to the site on which is erected the building part of which is comprised in the leasehold building units plan; for the purpose of creating, or creating additional, common property. (new) A body corporate shall not accept a lease or sublease, or a transfer of a lease or sublease, referred to in subsection (1A) if— the lease or sublease concerned is subject to a registered mortgage; or the term of that lease or sublease would expire after the term of the lease of the common property. (new) On accepting a lease or sublease, or a transfer of a lease or sublease, under subsection (1A) , the body corporate shall forthwith cause the dealing evidencing the transaction to be registered under the Land Title Act 1994 . (new) A lease, sublease or transfer referred to in subsection (1A) shall be accompanied by a certificate under the seal of the body corporate certifying that the resolution authorising the acceptance of the lease, sublease or transfer was a resolution without dissent. (amended) (not applied) (not applied) Upon the registration under the Land Title Act 1994 of any such lease, sublease or transfer— the leasehold interest becomes common property and is then subject to the provisions of this Act relating to common property; and the body corporate is responsible for all payments and the performance of all duties required of the lessee by the terms of the lease or sublease, as the case may be; and the registrar of titles shall make an appropriate noting on the registered leasehold building units plan to which the parcel relates and on the lease comprising the demised land to the effect that during the term of the lease or sublease the demised land is incorporated with land as part of the common property. (amended) A body corporate may, pursuant to a unanimous resolution and with the concurrence of the lessor or sublessor, surrender a lease or sublease accepted by it under this section. (amended) Upon the registration under the Land Title Act 1994 of any such surrender, the registrar of titles shall make an appropriate recording on the registered leasehold building units plan on which the lease was recorded. (amended) (sec.21-oc.2-ssec.1) In this section— land means land as defined in section 3 of the principal Act, being land— under the Land Title Act 1994 ; and within the corporation area; and held in fee simple by the corporation, the council or other public agency, solely or jointly; but does not include a leasehold interest in land evidenced by a lease not registered under the Land Title Act 1994 . (new) (sec.21-oc.2-ssec.1A) Subject to subsection (1B) , a body corporate may, pursuant to a resolution without dissent and with the consent of the lessor, accept a lease or sublease, or a transfer of a lease or sublease, of land (not being a grant or lot within the parcel) which is— contiguous— in any case—to the parcel; or in the case of a stratum parcel—to the site on which is erected the building part of which is comprised in the leasehold building units plan; or not contiguous— in any case—to the parcel; or in the case of a stratum parcel—to the site on which is erected the building part of which is comprised in the leasehold building units plan; for the purpose of creating, or creating additional, common property. (new) (sec.21-oc.2-ssec.1B) A body corporate shall not accept a lease or sublease, or a transfer of a lease or sublease, referred to in subsection (1A) if— the lease or sublease concerned is subject to a registered mortgage; or the term of that lease or sublease would expire after the term of the lease of the common property. (new) (sec.21-oc.2-ssec.1C) On accepting a lease or sublease, or a transfer of a lease or sublease, under subsection (1A) , the body corporate shall forthwith cause the dealing evidencing the transaction to be registered under the Land Title Act 1994 . (new) (sec.21-oc.2-ssec.2) A lease, sublease or transfer referred to in subsection (1A) shall be accompanied by a certificate under the seal of the body corporate certifying that the resolution authorising the acceptance of the lease, sublease or transfer was a resolution without dissent. (amended) (sec.21-oc.2-ssec.2A) (not applied) (sec.21-oc.2-ssec.3) (not applied) (sec.21-oc.2-ssec.4) Upon the registration under the Land Title Act 1994 of any such lease, sublease or transfer— the leasehold interest becomes common property and is then subject to the provisions of this Act relating to common property; and the body corporate is responsible for all payments and the performance of all duties required of the lessee by the terms of the lease or sublease, as the case may be; and the registrar of titles shall make an appropriate noting on the registered leasehold building units plan to which the parcel relates and on the lease comprising the demised land to the effect that during the term of the lease or sublease the demised land is incorporated with land as part of the common property. (amended) (sec.21-oc.2-ssec.5) A body corporate may, pursuant to a unanimous resolution and with the concurrence of the lessor or sublessor, surrender a lease or sublease accepted by it under this section. (amended) (sec.21-oc.2-ssec.6) Upon the registration under the Land Title Act 1994 of any such surrender, the registrar of titles shall make an appropriate recording on the registered leasehold building units plan on which the lease was recorded. (amended) - (a) under the Land Title Act 1994 ; and - (b) within the corporation area; and - (c) held in fee simple by the corporation, the council or other public agency, solely or jointly; - (a) contiguous— (i) in any case—to the parcel; or (ii) in the case of a stratum parcel—to the site on which is erected the building part of which is comprised in the leasehold building units plan; or - (i) in any case—to the parcel; or - (ii) in the case of a stratum parcel—to the site on which is erected the building part of which is comprised in the leasehold building units plan; or - (b) not contiguous— (i) in any case—to the parcel; or (ii) in the case of a stratum parcel—to the site on which is erected the building part of which is comprised in the leasehold building units plan; - (i) in any case—to the parcel; or - (ii) in the case of a stratum parcel—to the site on which is erected the building part of which is comprised in the leasehold building units plan; - (i) in any case—to the parcel; or - (ii) in the case of a stratum parcel—to the site on which is erected the building part of which is comprised in the leasehold building units plan; or - (i) in any case—to the parcel; or - (ii) in the case of a stratum parcel—to the site on which is erected the building part of which is comprised in the leasehold building units plan; - (a) the lease or sublease concerned is subject to a registered mortgage; or - (b) the term of that lease or sublease would expire after the term of the lease of the common property. - (a) the leasehold interest becomes common property and is then subject to the provisions of this Act relating to common property; and - (b) the body corporate is responsible for all payments and the performance of all duties required of the lessee by the terms of the lease or sublease, as the case may be; and - (c) the registrar of titles shall make an appropriate noting on the registered leasehold building units plan to which the parcel relates and on the lease comprising the demised land to the effect that during the term of the lease or sublease the demised land is incorporated with land as part of the common property.