36Restrictions on dealings under this Division

#### 36 Restrictions on dealings under this Division 36 Restrictions on dealings under this Division > > (1) An owners corporation of a strata scheme must not execute a dealing for the purposes of this Division that disposes of common property in the scheme unless— > > > > > (a) any common property rights by-law that relates to the common property being disposed of has been repealed or amended so it does not relate to the common property, and > > > > > (b) each registered interest in the common property being disposed of has been released or the dealing has been made subject to the interest, and > > > > > (c) each statutory interest, or other interest that is not registered, in the common property being disposed of and of which the owners corporation has been notified has been released. > > > (2) A dealing lodged for registration under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) or the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006) for the purposes of this Division must not be registered unless it is accompanied by a certificate under the seal of the owners corporation certifying that— > > > > > (a) the resolution authorising the dealing was a special resolution or ordinary resolution (as required under this Division), and > > > > > (b) the resolution was passed after the expiration of the initial period, and > > > > > (c) subsection (1) (c) has been complied with. > > > (3) Subsection (2) (b) does not apply to a dealing if— > > > > > (a) the original owner owns all lots in the strata scheme, or > > > > > (b) an order has been made under section 27 of the [Strata Schemes Management Act 2015](/view/html/inforce/current/act-2015-050) authorising the registration of the dealing. > > > (4) The certificate is conclusive evidence of the facts stated in the certificate in favour of the Registrar-General and any person taking under the dealing or benefiting by the registration of the dealing. > > > (5) This section does not prevent— > > > > > (a) the execution in accordance with section 87 of a dealing by an owners corporation, or by a developer on behalf of the owners corporation, to give effect to a decision about a development concern, or > > > > > (b) the registration of a dealing referred to in paragraph (a).