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

Preparing the statement

The by-laws in a management statement are separated into 5 parts:

A management statement must not include any prohibition or restriction that:

  • affects the keeping on a lot of an animal that is used as an assistance animal by a person with a disability who is a proprietor or occupier of a lot
  • affects the use of such assistance animal on a lot or on association property by a person with a disability
  • unlawfully discriminates against a person
  • is based on socio-economic grouping, or
  • excludes public housing from a scheme

(see Schedule 2, clause 10 Community Land Development Act 2021)

The management statement may also create accessways and or statutory easements pursuant to section 34 Community Land Development Act 2021. These are defined on accessway plans and statutory easement diagrams (formerly known as service works plans/works plans/works as executed plans/prescribed diagram), as defined in sections 26 and 27 Community Land Development Regulation 2021, which form part of the management statement.

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