On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Change of by-laws for a community title scheme

A change of by-laws by the Association of a Community/Neighbourhood/Precinct scheme may be lodged on a Consolidation/ Amendment iof Management Statement form 21CSM. 

NOTE: This dealing type must be lodged electronically as a Dealing with Exception in accordance with the Lodgment Rules.

Restriction on by- laws

Section 130 Community Land Management Act 2021 sets out some restrictions relating to by-laws that will be relevant to amendments to by-laws contained in a management statement. These are:

  • the by-law cannot be unjust
  • the by-law cannot prevent dealings in relation to a lot
  • the by-law resulting from an order cannot be changed
  • the by-law cannot restrict children
  • the by-law cannot prevent the keeping of an assistance animal.

Procedure for changes

Changes to by-laws will not take effect until the Registrar General has recorded the change on the folio of the Register for the association property title.

Changes must be loaged in the form of a consolidated version that incoporates the change, see section 28 Community Land Development Regulation 2021. This requirement ensures the folio for the association property concisely records in a single and readily accessible instrument all of the by-laws that affect the scheme.

Every subsequent change made to the by-laws will require a new consolidated version to accompany the Consolidation/Change of Management Statement form.

Section 28(2) Community Land Development Regulation 2021 permits the Registrar General to waive the requirement to lodge a consolidated version if:

  • the amendment relates only to an access way plan or statutory easement diagram; or
  • the Registrar General is satisfied that it would be too onerous for a consolidated version to be lodged and there are no more than 5 such separate changes recorded on the folio. A letter setting out the circumstances must accompany the dealing for assessment by the Registrar General.

An amendment to a management statement must be lodged within 6 months from the date of the resolution authorising amendment.  If more than 6 months has passed and the Consolidation/Amendment of management statement form has not been lodged, the association will need to hold another meeting to confirm the resolution.

If the Consolidation/Amendment of management statement form is lodged in the 6 month timeframe, but is delayed because a requisition is raised, the association will not need to hold an additional meeting to confirm the resolution as section 131(4) has been satisfied.

Otherwise, an amendment lodged more than 6 months after the date of the resolution will not be accepted.
 
The requirements of an amendment of a management statement apply, further information on these can be found here.

All NSW legislation can be accessed at www.legislation.nsw.gov.au/