Restrictions on the Use of Land which burden or benefit lots or common property may be created, released and varied in the same manner as other Real Property land. As lots in a strata plan are limited in height and depth consideration must be given as to whether the restriction should burden lots and or common property. When the restriction is relating to the common property title the owners corporation must consent by providing the relevant documents as set out below.
Restrictions burdening common property
Creation of a restriction
A dealing which purports to create a restriction which burdens common property must be executed by the owners corporation. The execution should be as in Approved Form 13 which certifies the passing of a special resolution.
A plan and section 88B instrument which purports to create a restriction which burdens common property must be consented to by the owners corporation. The execution should be as in Approved Form 13 which certifies the passing of a special resolution. This certificate should be provided on the administration sheet(s) of the plan in a signatures panel. The final sheet of the section 88B instrument should bear the seal of the owners corporation together with an attestation as in Approved Form 23.
If it is not recorded on the common property title that the initial period for the scheme has expired a completed certificate from the owners corporation as in Approved Form 10 must be provided. This certificate should accompany the dealing or provided on the administration sheet of a plan.
Extinguishment of a restriction
An extinguishment of a restriction which burdens common property must be accepted by the owners corporation. The acceptance should be as in Approved Form 14 which certifies the passing of an ordinary resolution.
Restrictions benefiting common property
Creation of a restriction
A dealing which purports to create a restriction which benefits common property must be accepted by the owners corporation. The acceptance should be as in Approved Form 14 which certifies the passing of an ordinary resolution.
A plan and section 88B instrument which purports to create a restriction which benefits common property does not require the consent of the owners corporation.
Extinguishment of a restriction
A dealing which purports to release a restriction which benefits common property must be accepted by the owners corporation. The acceptance should be as in Approved Form 13 which certifies the passing of a special resolution.
Variation of a restriction
A variation of a restriction which burdens or benefits common property must be executed to by the owners corporation. The execution should be as in Approved Form 13 which certifies the passing of a special resolution. This certificate should accompany the dealing.