Community Title Act 2015 (NI)

In force

Administered by

Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Latest version

C2018Q00076 C02

13 October 2018

This is an Act of the previous Norfolk Island Legislative Assembly that was continued in force under s16 and 16A of the Norfolk Island Act 1979

Table of contents

PART 1 - PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Binding the Crown
- 4 Application of other laws
- 5 Interpretation
- 6 Associates
PART 2—WHAT THE ACT IS ABOUT
- 7 Nature of division under this Act
- 8 What land can be divided
- 9 Development lots
- 10 Strata division
- 11 The body corporate
- 12 The scheme description
- 13 Rules
- 14 Staged development and development contracts
PART 3 — HOW IS A COMMUNITY SCHEME ESTABLISHED?
- Division 1 – The first stage — Development approval
- 15 Applicants
- 16 Community scheme development applications
- 17 Further requirements before community scheme development application
- 18 Matters to be considered
- 19 Conditional approval
- 20 Registrar to be notified
  - Division 2 –The second stage — Application for registration
- 21 Application
- 22 Consents to application
- 23 Application in relation to part of the land in a certificate
- 24 Status of plan and application
- 25 Special provisions relating to strata plans
  - Division 3 — Lot entitlements
- 26 Lot entitlement
- 27 Application to amend schedule of lot entitlements
  - Division 4 — How, and when, is a community plan registered?
- 28 Before registration of a community plan
- 29 Registration of a community plan
  - Division 5 — What is the effect of registration of a community plan?
- 30 Vesting rights
- 31 Easements for support, shelter, services and projections
  - Division 6—What is the common property?
- 32 Common property
- 33 Vesting of the common property
PART 4 – WHAT MUST BE IN A SCHEME DESCRIPTION AND HOW IS ONE AMENDED?
- 34 Scheme description
- 35 How is a scheme description amended?
- 36 Who must consent to the amendment of a community scheme?
- 37 Amended copy of scheme description to be filed
PART 5 — RULES
- 38 What are the rules?
- 39 How are rules changed?
- 40 When do rules and changes come into effect?
- 41 Rules may exempt a body corporate from certain provisions of the Act
- 42 Rule as to the exclusive use of part of the common property
- 43 Certain rules may be struck out by Tribunal
- 44 What rules are invalid
- 45 Who is bound by rules?
- 46 How are rules enforced?
- 47 Availability of copies of rules
PART 6—DEVELOPMENT CONTRACTS
- 48 Interpretation
- 49 What is a development contract?
- 50 A development contract must not be inconsistent with certain matters
- 51 How is a development contract enforced?
- 52 Can a development contract be varied or terminated?
- 53 Inspection and purchase of copies of development contract
PART 7—HOW MAY COMMUNITY PLANS BE AMENDED, AMALGAMATED AND CANCELLED?
- Division 1 — How are community plans amended?
- 54 Application for amendment
- 55 Status of application for amendment of plan
- 56 Amendment of the plan
- 57 Vesting etc of interests on amendment of plan
- 58 Merging of land on amendment of plan
- 59 Alteration of boundaries of primary community parcel
- 60 Amendment of plan pursuant to development contract
- 61 Amendment by order of Tribunal
  - Division 2—How are community plans amalgamated?
- 62 Amalgamation of plans
- 63 Persons whose consents are required for an amalgamation
- 64 Deposit of amalgamated plan
- 65 Effect of amalgamation on development contracts
  - Division 3—How are community plans cancelled?
- 66 Cancellation by Registrar or Supreme Court
- 67 Application to the Registrar
- 68 Persons whose consent is required
- 69 Application to the Supreme Court
- 70 Lot entitlements
- 71 Cancellation
PART 8—DIVISION OF PRIMARY PARCEL UNDER SUBDIVISION ACT 2002
- 72 Division of primary parcel under Part 2 of the Subdivision Act 2002
PART 9—THE BODY CORPORATE
- Division 1—How is a body corporate established?
- 73 How is a body corporate established?
- 74 What is the nature of a body corporate?
- 75 The body corporate has a common seal
- 76 Who are members of the body corporate?
- 77 Functions, duties and powers of a body corporate
- 78 Presiding officer, treasurer and secretary
- 79 Body corporate’s monetary liabilities guaranteed by members
- 80 Non-application of Companies Act 1985
  - Division 2 — Delegations by body corporate
- 81 Delegation of body corporate’s functions and powers
- 82 Body corporate managers
- 83 General duties
- 84 Offences
  - Division 3—General meetings
- 85 First general meeting
- 86 Business at the first statutory general meeting
- 87 Convening of general meetings
- 88 Annual general meeting
- 89 Procedure at meetings
  - Division 4—Should the body corporate have a committee?
- 90 Establishment of committee
- 91 Term of office
- 92 Functions and powers of committees
- 93 Convening of committee meetings
- 94 Procedure at committee meetings
- 95 Disclosure of interest
- 96 Members’ duties of honesty
- 97 Validity of acts of a committee
- 98 Immunity from liability
  - Division 5—Appointment of administrator
- 99 Administrator of body corporate’s affairs
PART 10— PROPERTY MANAGEMENT
- Division 1— How is the integrity of the community scheme maintained?
- 100 Power to enforce duties of maintenance and repair etc
- 101 Alterations and additions in relation to strata schemes
  - Division 2—Insurance
- 102 Insurance of buildings etc by a body corporate
- 103 Other insurance by a body corporate
- 104 Application of insurance money
- 105 Insurance to protect easements
- 106 Offences relating to failure to insure
- 107 Right to inspect policies of insurance
- 108 Insurance by owner of lot
  - Division 3—Easements
- 109 Easements
  - Division 4—May common property and lots be leased?
- 110 Limitations on leasing of common property and lots
  - Division 5—Can property be acquired for benefit of owners and occupiers of lots?
- 111 Acquisition of property
PART 11—FINANCIAL MANAGEMENT
- Division 1—General
- 112 Statement of expenditure etc
- 113 Contributions by owners of lots
- 114 Cases where owner not liable to contribute
- 115 Administrative and sinking funds
- 116 Disposal of excess money in funds
- 117 Power to borrow
- 118 Limitation on expenditure
  - Division 2—Manager’s trust accounts
- 119 Application of Division
- 120 Interpretation
- 121 Trust money to be deposited in trust account
- 122 Withdrawal of money from trust account
- 123 Authorised trust accounts
- 124 Application of interest
- 125 Keeping of records
- 126 Audit of trust accounts
- 127 Obtaining information for purposes of audit
- 128 Banks etc to report deficiencies in trust accounts
- 129 Confidentiality
- 130 Banks etc not affected by notice of trust
PART 12— OBLIGATIONS OF OWNERS AND OCCUPIERS
- 131 Interference with easements and services
- 132 Nuisance
- 133 Maintenance of lots
PART 13—WHAT RECORDS, AUDIT AND INFORMATION MUST A BODY CORPORATE MAINTAIN?
- Division 1—Records
- 134 Register of owners of lots
- 135 Records
- 136 Statement of accounts
  - Division 2—Audit
- 137 Audit
  - Division 3—Information to be provided by a body corporate
- 138 Information to be provided by a body corporate
- 139 Information as to higher tier of community scheme
PART 14— HOW ARE DISPUTES RESOLVED?
- Division 1 — The Community Title Tribunal is established
- 140 Community Title Tribunal
- 141 Constitution of Tribunal
- 142 Disclosure of interest
- 143 Meetings of Tribunal
  - Division 2 — How are disputes resolved?
- 144 Persons who may apply for relief
- 145 Resolution of disputes etc
  - Division 2 — Conciliation is the first stage
- 146 Appointment of conciliator
- 147 Resolution of complaint by conciliation
  - Division 3 — When conciliation fails or does not take place
- 148 Resolution of disputes by the Tribunal
PART 15— MISCELLANEOUS
- 149 Holding of deposit and other contract moneys when lot is pre-sold
- 150 Developer stands in fiduciary relationship with body corporate
- 151 Body corporate may provide services
- 152 Preliminary examination of plan by Registrar
- 153 Filing of documents with plan
- 154 Registrar may rely on certificates
- 155 Entry onto lot or common property
- 156 Power to require handing over of property
- 157 Owner of lot under a legal disability
- 158 Relief where unanimous or special resolution required
- 159 Duty not payable in certain circumstances
- 160 Destruction or disposal of certain documents
- 161 Liability of a body corporate in respect of certification by officer
- 162 Vicarious liability of committee members
- 163 General defence
- 164 Procedure where the whereabouts of certain persons are unknown
- 165 Service
- 166 Regulations and other matters in Schedule 6
SCHEDULE 1— Part 1
- Content of rules
SCHEDULE 1— Part 2
- Restrictions on the making of rules
  - 1 Prohibitions
  - 2 Exceptions
Schedule 1A—Model rules for body corporate
Part 1—Health, safety and security
- 1 Health, safety and security of lot owners, occupiers of lots and others
- 2 Storage of flammable liquids and other dangerous substances and materials
- 3 Waste disposal
Part 2—Management and administration
- 4 Metering of services and apportionment of costs of services
Part 3—Use of common property
- 5 Use of common property
- 6 Vehicles and parking on common property
- 7 Damage to common property
Part 4—Lots
- 8 Change of use of lots
Part 5—Behaviour of persons
- 9 Behaviour of owners, occupiers and invitees on common property
- 10 Noise and other nuisance control
Part 6—Dispute resolution
- 11 Grievance procedure
SCHEDULE 2
- Body Corporate
- Rules for procedure at general meetings
SCHEDULE 3
- Body Corporate – Committee
  - 1 Vacation of member’s office
  - 2 Procedure at committee meetings
SCHEDULE 4
- Code of Conduct
- Committee Members
SCHEDULE 5
- Code of Conduct
- Body Corporate Managers
Schedule 6—Regulations and other matters
Part 1—Preliminary
- 1 Interpretation—definition of special resolution
- 2 Interpretation—definition of unanimous resolution
Part 2—Requirements relating to schemes and plans
- 3 Scheme description—section 34
- 4 Plans and maps to comply with guidelines
- 5 Lot entitlements—subsection 26(3)
- 6 Minor amendment of plan—subsection 56(3)
- 7 Submission of outer boundary survey plan
- 8 Examination of plans
- 9 Additional information as to applications
- 10 Certification of irregular boundaries
- 11 Notification on deposit of plan
- 12 Issue of certificates of title on deposit of plan
- 13 Application to Tribunal to amend or Supreme Court to cancel a community plan—sections 61 and 69
Part 3—Administration of community schemes
- 14 Content of rules—subsection 38(3)
- 15 Body corporate managers—section 82
- 16 Return of records and trust money when delegations revoked—section 84
- 17 Matters to be addressed at first general meeting—paragraph 86(2)(e)
- 18 Agenda for annual general meeting—subparagraph 87(6)(d)(vi)
- 19 Procedure at meetings—Schedule 2
- 20 Fidelity guarantee insurance—section 103
- 21 Proof of insurance—subsection 105(2)
- 22 Unanimous or special resolution for acquisition of property—paragraph 111(3)(b)
- 23 Statement of expenditure etc.—section 112
- 24 Interest on arrears of contributions by lot owners—paragraph 113(4)(b)
- 25 Notice for payment of contribution or instalment—paragraph 113(6)(a)
- 26 Resolutions authorising expenditure—section 118
- 27 Register of owners of community lots—subsection 134(2)
- 28 Records—sections 135 and 136
- 29 Audit—subsection 137(4)
- 30 Fee for provision of information—subsection 138(4)
- 31 Services provided by bodies corporate—section 151
- 32 Functions of secretary and treasurer of body corporate
- 33 Authorisation of fees, costs and disbursements—paragraph 122(b)
- 34 Authorised trust accounts—section 123
- 35 General duty with respect to electronic records
- 36 Cash books—paragraph 125(1)(c)
- 37 Separate trust ledger accounts
- 38 Reconciliation statements
- 39 Receipt of trust money
- 40 Payment of trust money
- 41 Audit of trust accounts—section 126
- 42 Manager’s statement
- 43 Certain persons may not audit accounts and records of manager
- 44 Holding of deposit and other contract money when lot is pre-sold—section 149
Part 4—Fees
- 45 Fees
- NOTES
  - Table of Amendments

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Community Title Act 2015 (NI)

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Community Title Act 2015 (NI)

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