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

Part 1 - By-laws that may be included in management statements

By-laws may relate to the management, administration, control, use or enjoyment of the lots in an association scheme or the association property: section 128 Community Land Management Act 2021

These by-laws may be amended or revoked by a special resolution of an association - see section 131 Community Land Management Act 2021 and Amendment of Management Statement page.

By-laws for a scheme may relate to the control or preservation of the essence or theme of the development under the scheme. The management statement can be used to set a theme for the whole development (retirement village, holiday cabins, permaculture hamlet etc) or might simply set a building standard that is to be followed and perpetuated. If something is to be designated as intrinsic to the theme of the development it should be included in this part of the management statement.

The by-laws in this part can specify provisions:

  • limiting occupancy under the scheme to persons of a particular description (i.e., in a retirement village scheme to persons aged over 55 years)
  • fixing architectural, building or landscaping styles to be permitted
  • limiting the kind of materials that may be used in buildings and other structures
  • requiring that specified association property be used only for a particular purpose
  • imposing any other kind of restriction.

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