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

Amendment of management statement or development contract
 

Management statement

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NOTE: An amendment to a management statement must be lodged in the form of a consolidated version of the management statement that incorporates the amendment. See section 28 Community Land Development Regulation 2021.

Any amendment to a management statement must be lodged within 6 months of the passing of the resolution making the amendment. See section 131 Community Land Management Act 2021.
A management statement must not be amended:

  • in a manner inconsistent with a restriction imposed by the Community Land Management Act 2021 or
  • in a manner that would make the management statement inconsistent with the Community Land Management Act 2021 or the Community Land Development Act 2021.

Amendments may be made in relation to the control, management, administration, use and enjoyment of the lots or association property. This amendment is lodged as a Consolidation/ Amendment of Management Statement form 21CSM

NOTE: This dealing type must be lodged electronically using an Electronic Lodgment Network (see Conveyancing Rules 8.7 and 8.8).

Where a required mandated dealing is excluded from electronic lodgment or circumstances allow the Registrar General to waive electronic lodgment under a Lodgment Rule Exception, the incoming dealing must be accompanied by a Lodgment Rules Exceptions indicating the exception.
 
A change to a management statement has no effect until:

  • the association has lodged a notification with NSW LRS in the approved manner and
  • NSW LRS has made a recording of the amendment in the Folio of the Register for the common property.

If the amendment of the management statement is in accordance with an order of the NSW Civil and Administrative Tribunal (see section 139 Community Land Management Act 2021), a sealed copy of that order must be lodged annexed to a Request 11R form. The Request 11R form must be executed by the Association in accordance with Approved form 18.

  • section 131 Community Land Management Act 2021
  • section 108 Community Land Development Act 2021

Further to this the management statement is divided into five parts

Part 1 - By-laws fixing details of the development

These by-laws can only be amended or revoked by a special resolution of the association via Approved form 21.
Via section 131 Community Land Management Act 2021.

Part 2 - Association property rights by-law

See sections 134 to 136 Community Land Management Act 2021.

This by-law must not be made or changed during the initial period for a scheme affected or without the written consent of each person entitled by the by-law to use the restricted property. Approved form 24 must be provided.
 
The consent of an association or a strata corporation to such a change must be by special resolution.

In accordance with section 195 Community Land Management Act 2021, the Tribunal may on application make an order prescribing a change to an association property rights by-law or amending the management statement for an association in relation to restricted property if:

  • an association or a strata corporation decides to create, or refuses to create, restricted property or
  • a consent that is required to the creation of, or a refusal to create, restricted property is not given.

 

Part 3 - Mandatory matters

See Schedule 2 Clauses 3, 5 and 7 Community Land Development Act 2021.

These by-laws may be amended or revoked at any time by a special resolution of the association.

Part 4 - Optional matters

See Schedule 2 Clause 8 Community Land Development Act 2021.

These by-laws may be amended or revoked at any time by a special resolution of the association. Accessways plans fall under Part 4, Optional Matters. An amendment of an accessway or statutory easement diagram is made by amendment of the management statement. A replacement sheet of the accessway or statutory easement diagram must be lodged in A2 size and must accompany the Consolidation/Amendment of Management Statement form 21CSM. See section 26 Community Land Development Act 2021.

Part 5 - Public authority by-laws

See Schedule 2 Clause 9 Community Land Development Act 2021.

These by-laws may only be amended by a special resolution of the association and with the consent of the relevant public authority.

Development contract

A development contract may be varied with the approval of the planning authority and the relevant association (section 50 Community Land Development Act 2021) by lodgment of an Amendment of Development Contract, form 21CSD. The required approval for an association will depend on the nature of the amendment:

  • A unanimous resolution is required if the proposed amendment involves a change in:
  • the basic architectural or landscaping design of the development or
  • the essence or theme of the development
  • An ordinary resolution is required if the proposed amendment gives effect only to:
  • a change in law, or
  • a change in the requirements of the planning agreement
  • A special resolution is required in any other case.

See also section 52 Community Land Development Act 2021 for amendment with approval of the Land and Environment Court.

NOTE: This dealing type must be lodged electronically using an Electronic Lodgment Network (see Conveyancing Rules 8.7 and 8.8).

Where a required mandated dealing is excluded from electronic lodgment or circumstances allow the Registrar General to waive electronic lodgment under a Lodgment Rule Exception, the incoming dealing must be accompanied by a Lodgment Rules Exceptions indicating the exception.

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