33Transfer or lease of common property

#### 33 Transfer or lease of common property 33 Transfer or lease of common property > > (1) The owners corporation of a freehold strata scheme may— > > > > > (a) by special resolution, transfer or lease common property, other than common property the subject of an accepted lease or sublease, and > > > > > (b) by special resolution, and if not prevented by the terms of the lease or sublease, transfer an accepted lease or sublease of common property or grant a sublease of that lease or sublease, and > > > > > (c) by special resolution, and in accordance with section 55A of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025), execute a variation of a lease or sublease granted or transferred under paragraph (a) or (b). > > > (2) The owners corporation of a leasehold strata scheme may— > > > > > (a) by special resolution, and with the lessor’s consent and if not prevented by the terms of the lease, transfer a lease of part of the common property or grant a sublease of the part, and > > > > > (b) by special resolution, and with the lessor’s consent, execute a variation of a lease or sublease referred to in paragraph (a) in accordance with section 55A of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025). > > > (3) The owners corporation of any strata scheme may, by special resolution— > > > > > (a) accept a surrender of a lease or sublease granted under this section, or > > > > > (b) re-enter the lease or sublease, if otherwise authorised. > > > (4) If the strata scheme forms part of a community scheme, the Registrar-General may refuse to register a transfer of common property unless the community scheme is appropriately amended by any necessary dealings registered under the [Community Land Development Act 2021](/view/html/inforce/current/act-2021-006). > > **s 33:** Am 2021 No 6, Sch 5.18.