Dealing type - CS
Legislation - section 131 Community Land Management Act 2021
- section 28 Community Land Development Regulation 2021
Stamp duty - not required
NOS form - not required
Standard form of Caveat - prevents registration.
Priority Notice noted on the Register - see Priority Notice page.
NOTE: This dealing type must be lodged electronically as a Dealing with Exception in accordance with the Lodgment Rules.
Where any notification of a change in the management statement is lodged for recording, the change must be lodged in the form of a consolidated version that incorporates the change, see section 28 Community Land Development Regulation 2021. This requirement ensures the folio for the association property concisely records in a single and readily accessible instrument all of the by-laws that affect the scheme.
Every subsequent change made to the by-laws will require a new consolidated version to accompany the Consolidation/Change of Management Statement form.
Section 28(2) Community Land Development Regulation 2021 permits the Registrar General to waive the requirement to lodge a consolidated version if:
- the amendment relates only to an access way plan or statutory easement diagram; or
- the Registrar General is satisfied that it would be too onerous for a consolidated version to be lodged and there are no more than 5 such separate changes recorded on the folio. A letter setting out the circumstances must accompany the dealing for assessment by the Registrar General.
An amendment to a management statement must be lodged within 6 months from the date of the resolution authorising amendment. An amendment lodged more than 6 months after the date of the resolution will not be accepted. If more than 6 months has passed and the Consolidation/Amendment of management statement form has not been lodged, the association will need to hold another meeting to confirm the resolution. If the Consolidation/Amendment of management statement form is lodged in the 6 month timeframe, but is delayed because a requisition is raised, the association will not need to hold an additional meeting to confirm the resolution as section 131(4) has been satisfied.
See section 131(4) Community Land Management Act 2021.
See also Amendment of Development Contract and Community Schemes.
(A) The reference to title for the Association property must be stated, i.e., lot 1 in the Community Title Scheme.
(C) The type and deposited plan number of the scheme must be stated.
(D) The nature and date of the resolution must be stated.
(E) The number of the amended/repealed by-law must be stated. If a new by-law is being added the number must be stated.
(F) The terms of the added by-law must be stated.
(G) A copy of the consolidated version of the management statement incorporating the change must be annexed to the Amendment of Management Statement.
NOTE: Every subsequent change made to management statement will require a new consolidated version to accompany the Consolidation/Change of Management Statement form.
A consolidated version otherwise should:
- omit all by-laws that have been previously repealed
- include all by-laws that have been previously added
- include all other by-laws as previously amended and
- retain the numbering attributed to each by-law when it was created or set out in some other way that lists the by-laws that currently affect the scheme in a clear and logical manner.
NOTE: It is not acceptable to annex previously registered Consolidation/Change of Management Statement forms as if this is a consolidated version. However, it may be permissible to attach the annexure sheet of a previously registered Change of Management Statement form containing the relevant by-law provided the consolidated version otherwise complies with the requirements set out above.
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.
(H) The Deposited plan number for the scheme must be stated. The common seal of the Community/Neighbourhood/Precinct Association must be affixed. The full name of the person witnessing the affixing of the common seal and the date must be stated. The person attesting may be:
- the proprietor where only one proprietor constitutes the Associationboth proprietors where two proprietors constitute the Association
- two proprietors or members of the Executive Committee determined by the Association where there are more than two proprietors; the secretary and any other member of the Executive Committee where no determination has been made and there are more than two proprietors or
- a managing agent engaged by the Association.
NSW legislation can be accessed at www.legislation.nsw.gov.au/
Staff processing information
Refer to N50