32Powers to alter subdivision

32 Powers to alter subdivision If there is a unanimous resolution of the members, an owners corporation may proceed under this Division to do one or more of the following— (a) dispose of the fee simple in— (i) all or part of any common property vested in it; or (ii) any other land purchased or obtained by it; (b) purchase or otherwise obtain land— (i) for inclusion in or to become common property; or (ii) which is or is to become a lot; S. 32(c) substituted by No. 80/2009 s. 100. (c) alter the boundaries of any land affected by the owners corporation, whether or not the alteration results in an increase or decrease of the area of land affected by the owners corporation; (d) increase or reduce the number of lots affected by the owners corporation; (e) create new lots or new common property; (f) create and name an owners corporation and specify the land to be land affected by that new owners corporation and specify lot entitlement and lot liability in relation to that owners corporation; (g) dissolve itself if— (i) it is an owners corporation without common property vested in it and it owns no land; or (ii) it disposes under this section of all its common property and all the land that it owns; (h) merge with another owners corporation (created on the same or another plan) if— (i) none of the land affected by the first owners corporation is land affected by the other owners corporation and the merger would not result in the same land being land affected by 2 or more unlimited owners corporations; or (ii) one of the merging owners corporations is an unlimited owners corporation and the land affected by that owners corporation includes all the land affected by all other merging limited owners corporations; (i) create, vary or remove any easement or restriction (including an implied easement); (j) consolidate into a single lot all the land affected by the owners corporation if— (i) it is an unlimited owners corporation and, if any land affected by it is also affected by a limited owners corporation, the members of that limited owners corporation by unanimous resolution consent to the consolidation; or (ii) none of the land affected by the owners corporation is land affected by another owners corporation; (k) create, alter or extinguish lot entitlement or lot liability in any way necessary because of the exercise of its other powers under this section; (l) amend or cancel a scheme of development under the **Cluster Titles Act 1974** in any way necessary because of the exercise of its other powers under this section; (m) create roads or reserves. S. 32AA 32AA Powers do not apply to certain changes relating to common property Section 32 does not apply to a change in the ownership of the common property that occurs because of a change in the ownership of a lot. S. 32AB 32AB No power to compulsorily acquire An owners corporation cannot under section 32(b) acquire land by compulsory process. S. 32AC 32AC Creation of roads and reserves (1) The owners corporation may exercise its powers over land under section 32(m) even though the land is not, and will not after the exercise of the power become, land affected by the owners corporation. (2) The owners corporation cannot exercise its powers over land under section 32(m) so that the land vests in itself. S. 32AD 32AD Registration of plan (1) If it proceeds under section 32, an owners corporation must submit for certification and lodge for registration a plan showing the changes to be made to any registered plan. (2) Section 22 applies to a plan resulting from the exercise by the owners corporation of its powers over land under section 32 as if it included a requirement that the registered proprietor of land in the plan that is not land affected by the owners corporation must consent to the registration of the plan. (3) To the extent that a plan referred to in subsection (1) affects common property, consent to the plan is not required by any person in respect of any lot if the common property is not vested in the owners of that lot. (4) If a plan referred to in subsection (1) relates to some but not all of the land in the registered plan and does not relate to common property, consent to the registration of the plan is not required by any person in respect of land that is not the subject of the plan. (5) Despite section 24, on the registration of a plan under this section, the Registrar may if appropriate— (a) create a folio of the Register for the existing common property and a folio of the Register for newly created common property in the name of a relevant owners corporation; or (b) create in the name of the relevant owners corporation a single folio of the Register for existing and newly created common property. S. 32AE 32AE Lot liability and lot entitlement In exercising its powers under section 32 to create, alter or extinguish lot entitlement or lot liability, an owners corporation must comply with sections 33(2) and 33(3). S. 32AF 32AF Land to which powers may apply (1) An owners corporation may only exercise its powers under section 32 in relation to— (a) land affected by it; or (b) land (whether on the same or another plan) which, when the power is exercised, will become land affected by it. (2) If the exercise by an owners corporation of its powers under section 32 involves land affected by another owners corporation (whether on the same or another plan) and the other owners corporation is not a limited owners corporation all of whose members are members of the first owners corporation, the first owners corporation must first get from the members of the other owners corporation their consent by unanimous resolution. S. 32AG 32AG Dissolution of owners corporation If an owners corporation exercises its power under section 32(g) to dissolve itself— (a) the Registrar must not amend or cancel the plan to give effect to the exercise of that power unless satisfied that the owners corporation has no accrued or accruing debts; and (b) the owners corporation is dissolved when the Registrar amends or cancels the plan. S. 32AH 32AH Merger of owners corporations If an owners corporation merges with another owners corporation— (a) the plan giving effect to the merger must specify the name (by reference to a relevant plan number) of the new owners corporation, the land affected by it, and all relevant lot entitlements and liabilities, and whether it is a limited or unlimited owners corporation; and (b) on the registration of that plan— (i) the merging owners corporations are dissolved; and (ii) land affected by those owners corporations ceases to be so affected; and (iii) the new owners corporation is the successor in law of the merging owners corporations; and (iv) if a new limited owners corporation succeeds an unlimited owners corporation, the new owners corporation has, in respect of the assets, rights, liabilities and obligations which have passed to it from the unlimited owners corporation, all the functions, powers and duties of an unlimited owners corporation. S. 32AI 32AI Consolidation, subdivision or alteration S. 32AI(1) amended by No. 6/2008 s. 37(3), substituted by No. 80/2009 s. 101. (1) Despite section 32, the owner or owners of a lot or lots affected by an owners corporation on a registered plan may proceed under this subsection to consolidate, subdivide or alter the lot or lots owned if the consolidation, subdivision or alteration— (a) subject to subsection (1A), does not alter the boundaries or area of existing common property; and (b) does not alter the boundaries or lot entitlement or liability of lots not being consolidated, subdivided or altered; and (c) does not add an area of land that is more than 10% or, if another percentage is prescribed, that prescribed percentage, of the area of the land in the lot or lots to be consolidated, subdivided or altered to the land affected by the owners corporation. S. 32AI(1A) inserted by No. 80/2009 s. 101. (1A) A consolidation, subdivision or alteration under subsection (1) may provide for the addition of new common property if— (a) a new limited owners corporation is created in respect of that common property; and (b) the new limited owners corporation is comprised solely of the lot owners who are parties to the consolidation, subdivision or alteration. (2) If an owner proceeds under subsection (1), the owner must submit for certification and lodge for registration a plan showing the changes to be made to the registered plan. (3) Consent to the registration of the plan is not required by any person in respect of land that is not the subject of the plan. (4) Despite section 24, on the registration of a plan under this section, the Registrar may, if appropriate— (a) create a folio of the Register for the existing common property and a folio of the Register for newly created common property in the name of a relevant owners corporation; or (b) create in the name of the relevant owners corporation a single folio of the Register for existing and newly created common property. S. 32AJ 32AJ Restriction on alteration to plan If an owners corporation is created on a registered plan, the owners corporation or the owner of a lot on that plan must not submit for certification or lodge for registration a plan consolidating, subdividing, or altering the boundaries of any land affected by the owners corporation except— (a) under this Division or section 23, 32A, 36 or 37; or (b) in accordance with an order of a court or tribunal under this Act. S. 32AK 32AK Identity of owners corporation not affected by alteration of plan (1) Unless this Part otherwise provides, the alteration of a registered plan under this Division does not affect the legal identity or continuity of operation of the owners corporation. (2) If the alteration of a registered plan for which there is only one owners corporation (the **first owners corporation**) results in the creation of one or more additional owners corporations, the Registrar may rename the first owners corporation. (3) An owners corporation that is renamed under subsection (2) is deemed to be the same body under the new name and any reference to that body by the old name in any Act or instrument is deemed to be a reference to that body by its new name. S. 32AL 32AL Registration of plan of consolidation (1) On the registration of a plan of consolidation of all the land affected by an owners corporation into a single lot— (a) that owners corporation is dissolved; and (b) if the land is also land affected by another owners corporation, that other owners corporation is dissolved; and (c) the land vests in the former lot owners who are members of the owners corporation exercising the power, as tenants in common in proportion to their lot entitlements in that owners corporation, freed from any caveat, mortgage, charge, lease, sub-lease and from any easement under section 12; and (d) the Registrar must create a folio of the Register accordingly. (2) The Registrar must not register a plan referred to in subsection (1) unless satisfied that the owners corporation on the registered plan has no accrued or accruing debts.