A Community Title scheme may consist of:
- a sole Neighbourhood scheme or
- a Community scheme that may be further subdivided into:
- Neighbourhood schemes
- Precinct schemes and/or
- Strata schemes.
The schemes are created by registration of a Community, Neighbourhood or Precinct plan and allow for various levels of management and stages of development.
As is the case with Strata legislation, common areas within a Community, Neighbourhood or Precinct scheme are owned and managed by a body corporate comprising all lot owners within the scheme. The body corporate is known as the Association. The Associations for Neighbourhood and Precinct schemes, and the Owners Corporations for Strata schemes, within a staged Community Title scheme are members of the Community Association.
The common areas within a Community Title scheme are known as the Association property and are comprised in lot 1 of the scheme. Unit entitlement is based on site values and determines the lot owner's voting rights and contributions to maintenance levies.
An initial period is definedin the dictionary to the Community Land Management Act 2021.
Community title scheme folios
Community plan folios are created within the Deposited Plan series DP 270001 - DP 280000 and consist of:
- the Community property folio numbered 1/270..., which is vested in the Community Association DP...; and
- folios for the lots in the Community scheme.
Neighbourhood plan folios are created within the Deposited Plan series DP 285001 - DP 300000 series and consist of:
- the Neighbourhood property folio, numbered 1/285..., vested in the Neighbourhood Association DP...; and
- folios for the lots in the Neighbourhood scheme.
Precinct plan folios are created within the deposited plan series DP 280001 - DP 285000 series and consist of:
- the Precinct property folio, numbered 1/280..., vested in the Precinct Association DP...; and
- folios for the lots in the Precinct scheme.
For registration requirements as regards dealings with Community Title scheme folios see the relevant dealing in Dealing requirements pages.
Dealings affecting a Community title scheme
For requirements as regards dealings:
- affecting lot 1 in a Community, Precinct or Neighbourhood scheme
- affecting a lot other than lot 1 in a Community, Neighbourhood or Precinct scheme or
- involving the Community, Neighbourhood or Precinct Association,
see the relevant dealing in Dealing requirements pages.
A Development contract is a disclosure document that sets out the future development of a community, precinct or neighbourhood scheme and may be lodged with such a scheme plan in accordance with Part 7 of the Community Land Development Act 2021 (see section 46). Requirements for a development contract are set out in Development Contract page.
A development contract may be varied with the approval of the planning authority and the relevant association (section 50 Community Land Development Act 2021) by lodgment of an Amendment of Development Contract, form 21CSD. The required approval for an association will depend on the nature of the amendment:
- A unanimous resolution is required if the proposed amendment involves a change in:
- the basic architectural or landscaping design of the development or
- the essence or theme of the development
- An ordinary resolution is required if the proposed amendment gives effect only to:
- a change in law, or
- a change in the requirements of the planning agreement
- A special resolution is required in any other case.
See also section 52 Community Land Development Act 2021 for amendment with approval of the Land and Environment Court.
It is mandatory for a scheme plan to be accompanied by a management statement that complies with Schedule 2 Community Land Development Act 2021. The statement includes the particular rules associated with the participation in the scheme and the by-laws attached to the Association property. The statement is lodged and filmed with the plan.
The terms of a Management Statement may be varied, e.g. a change of the by-laws, by special resolution of the relevant association and by lodgment of a Consolidation/Amendment of Management Statement, form 21CSM. See section 131 Community Land Management Act 2021 and Amendment of Management Statement page.
All NSW legislation can be accessed at www.legislation.nsw.gov.au/
Staff processing information
A dealing affecting a lot other than lot 1 in a Community, Precinct or Neighbourhood scheme may be registered in the usual manner.
Some dealings, see the particular dealing in Real Property Act Dealing Forms, except for a caveat, mortgage or charge, affecting lot 1 in a Community, Precinct or Neighbourhood scheme or involving the Community, Precinct or Neighbourhood Association must be referred to N50/P4
A caveat, mortgage or charge affecting lot 1 in a Community, Precinct or Neighbourhood scheme or involving the Community, Precinct or Neighbourhood Association must be referred to Legal through the Senior Examining Officer.