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 4 - Optional matters

These by-laws may be amended or revoked by a special resolution of the community, precinct or neighbourhood association.

This part may include any other by-laws that the developer wishes to add. Schedules 3 and 4 Community Land Development Act 1989 identifies such items as keeping of animals, laundry, safety and security measures, noise control and trading activities that a developer may wish to address. These matters are itemised for assistance only and are not intended to limit the matters that may be included.

1. Keeping of animals

This may detail whether and under what conditions a proprietor or occupier may keep on the community property a domestic animal or pet.

2. Laundry

Whether there are to be any restrictions on where laundry items may or may not be hung to dry should be outlined. In some schemes this mundane matter has the potential to be quite a divisive issue a source of irritation, resentment and conflict.

3. Safety and security measures

Details of any security systems may be set out along with details of any controls to be imposed to enhance safety within the scheme. Provisions may be made for:

  • the use and storage of dangerous chemicals etc associated with commercial or industrial lots
  • the care and control of children within lots and association property
  • fencing and security gates around recreation areas such as swimming pools
  • in rural schemes, the utilisation of dangerous farm machinery, pesticides and other chemicals.

4. Noise control

Provisions may be included defining unacceptable noise levels, dealing with noise control and with the obligation of the proprietor of a lot within the scheme not to interfere with the quiet enjoyment of another lot. Where the scheme includes commercial property and the potential exists for noise or other disturbances from parking areas, road access, music from taverns etc specific by-laws should be considered.

5. Trading activity

Details may be provided of any business or trading activity to be carried out by the association and the method of distributing and sharing any profit or loss.

6. Statutory easements

If statutory easements are to be created a diagram must be included showing the position of the service lines in accordance with s.36 Community Land Development Act 1989. The easements listed in the by-law should be consistent with those shown on the diagram.

7. On-going service contracts

Details of any service arrangements, other than service agreements made with a public authority, must be provided if the agreements are intended to continue after the first annual general meeting. Failure to disclose such agreements may result in their termination at the end of the first annual general meeting in accordance with s.24 Community Land Management Act 1989.

8. Accessways

If any association property is to be set apart as public or private accessway a plan defining the site must be annexed in accordance with Part 5 Community Land Development Act 1989.

9. Leases of additional land by association

Details of any leases of land by the association for communal purposes (e.g. for a marina on a river adjoining the community parcel) and the relevant rents, terms and maintenance provisions may be provided. Details of any sub-leases could also be included in the by-laws.