Lease of land for common property or association property

  • Section 25 (1) Strata Schemes Development Act 2015 authorises an owners corporation, to accept a lease or sublease, or a transfer of a lease or sublease, of land which is contiguous to the parcel or land the owners corporation considers is otherwise relevant to the scheme for the purpose of adding to the common property, and
  • section 16 Community Land Development Act 1989 authorises a community, neighbourhood or precinct associationto lease contiguous land for the purpose of adding to the association property.

For more information, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001: section 535.500 for strata schemes and section 68.210 for community, neighbourhood and precinct schemes. Also refer to the Registrar General’s Guidelines regarding leases generally.

The certificate of title for the common property or the association property must be lodged with the lease and the e-minutes must be noted accordingly (e.g. 'CP/SP12345 lodged and herewith').

Refer the dealing to SM99.