Positive covenants which burden common property may be created, released and varied in the same manner as other Real Property land. The owners corporation must consent by providing the relevant documents as set out below.
Creation of a positive covenant
A dealing which purports to create a positive covenant which burdens common property must be executed by the owners corporation. The execution should be as in Approved Form 13 which certifies the passing of a special resolution.
A plan and section 88B instrument which purports to create a positive covenant which burdens common property must be consented to by the owners corporation. The execution should be as in Approved Form 9 which certifies the passing of a special resolution. This certificate should be provided on the administration sheet(s) of the plan in a signatures panel. The final sheet of the section 88B instrument should bear the seal of the owners corporation together with an attestation as in Approved Form 23.
If it is not recorded on the common property title that the initial period for the scheme has expired a completed certificate from the owners corporation as in Approved Form 10 must be provided. This certificate should accompany the dealing or provided on the administration sheet of a plan.
Extinguishment of a positive covenant
An extinguishment of a positive covenant which burdens common property must be accepted by the owners corporation. The acceptance should be as in Approved Form 14 which certifies the passing of an ordinary resolution.
Variation of a positive covenant
A variation of a positive covenant which burdens or benefits common property must be executed to by the owners corporation. The execution should be as in Approved Form 13 which certifies the passing of a special resolution. This certificate should accompany the dealing.