Community title schemes

A Community Title scheme may consist of:
  • a sole Neighbourhood scheme or
  • a Community scheme that may be further subdivided into:
    • Neighbourhood schemes
    • Precinct schemes and/or
    • Strata schemes.

The schemes are created by registration of a Community, Neighbourhood or Precinct plan and allow for various levels of management and stages of development, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [67.015].

As is the case with Strata legislation, common areas within a Community, Neighbourhood or Precinct scheme are owned and managed by a body corporate comprising all lot owners within the scheme. The body corporate is known as the Association. The Associations for Neighbourhood and Precinct schemes, and the Owners Corporations for Strata schemes, within a staged Community Title scheme are members of the Community Association.

The common areas within a Community Title scheme are known as the Association property and are comprised in lot 1 of the scheme. Unit entitlement is based on site values and determines the lot owner's voting rights and contributions to maintenance levies.

An initial period applies to the scheme in the same manner as it applies to a Strata scheme, Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [68.090].

Community title scheme folios

Community plan folios are created within the Deposited Plan series DP 270001 - DP 280000 and consist of:

  • the Community property folio numbered 1/270..., which is vested in the Community Association DP...; and
  • folios for the lots in the Community scheme.

Neighbourhood plan folios are created within the Deposited Plan series DP 285001 - DP 300000 series and consist of:

  • the Neighbourhood property folio, numbered 1/285..., vested in the Neighbourhood Association DP...; and
  • folios for the lots in the Neighbourhood scheme.

Precinct plan folios are created within the deposited plan series DP 280001 - DP 285000 series and consist of:

  • the Precinct property folio, numbered 1/280..., vested in the Precinct Association DP...; and
  • folios for the lots in the Precinct scheme.

For registration requirements as regards dealings with Community Title scheme folios see the relevant dealing in Dealing requirements pages.  See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [68.045, .060].

Dealings affecting a Community title scheme

For requirements as regards dealings:

  • affecting lot 1 in a Community, Precinct or Neighbourhood scheme
  • affecting a lot other than lot 1 in a Community, Neighbourhood or Precinct scheme or
  • involving the Community, Neighbourhood or Precinct Association,

See the relevant dealing in Dealing requirements pages.

Development Contract

A Development Contract is optional for a Community or Precinct plan but must be lodged with a Neighbourhood plan. The contract includes:

  • details of the amenities to be provided
  • details of the basic architectural design and landscaping
  • details of any theme on which the scheme is based
  • a plan depicting the anticipated appearance of the completed scheme and
  • particulars regarding the building zone, hours of work, means of access and rights of storage of building equipment etc.

The development contract may be varied with the consent of all lot owners within the scheme and with Local Council approval, by lodgment of an Amendment of Development Contract, form 21CSD.

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [67.465].

Management Statement

It is mandatory for a Community, Precinct and Neighbourhood scheme to contain a Management Statement. The statement includes the particular rules associated with the participation in the scheme and the by-laws attached to the Association property. The statement is lodged and filmed with the Community, Neighbourhood or Precinct plan.

The terms of a Management Statement may be varied, e.g. a change of the by-laws, by lodgment of an Amendment of Management Statement, form 21CSM.

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [67.480].

Staff processing information

A dealing affecting a lot other than lot 1 in a Community, Precinct or Neighbourhood scheme may be registered in the usual manner.

Some dealings, see the particular dealing in Real Property Act Dealing Forms, except for a caveat, mortgage or charge, affecting lot 1 in a Community, Precinct or Neighbourhood scheme or involving the Community, Precinct or Neighbourhood Association must be referred to NC1.

A caveat, mortgage or charge affecting lot 1 in a Community, Precinct or Neighbourhood scheme or involving the Community, Precinct or Neighbourhood Association must be referred to Legal through the Senior Examining Officer.