Community Title Act 2015 (NI)

NORFOLK ISLAND

Community Title Act 2015

No. 1, 2015

Compilation No. 2

Compilation date: 13 October 2018

Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015)

NORFOLK ISLAND

COMMUNITY TITLE ACT 2015 PART 1 - PRELIMINARY 1 Short title 2 Commencement 3 Binding the Crown 4 Application of other laws 5 Interpretation 6 Associates PART 2—WHAT THE ACT IS ABOUT 7 Nature of division under this Act 8 What land can be divided 9 Development lots 10 Strata division 11 The body corporate 12 The scheme description 13 Rules 14 Staged development and development contracts PART 3 — HOW IS A COMMUNITY SCHEME ESTABLISHED? Division 1 – The first stage — Development approval 15 Applicants 16 Community scheme development applications 17 Further requirements before community scheme development application 18 Matters to be considered 19 Conditional approval 20 Registrar to be notified Division 2 –The second stage — Application for registration 21 Application 22 Consents to application 23 Application in relation to part of the land in a certificate 24 Status of plan and application 25 Special provisions relating to strata plans Division 3 — Lot entitlements 26 Lot entitlement 27 Application to amend schedule of lot entitlements Division 4 — How, and when, is a community plan registered? 28 Before registration of a community plan 29 Registration of a community plan Division 5 — What is the effect of registration of a community plan? 30 Vesting rights 31 Easements for support, shelter, services and projections Division 6—What is the common property? 32 Common property 33 Vesting of the common property PART 4 – WHAT MUST BE IN A SCHEME DESCRIPTION AND HOW IS ONE AMENDED? 34 Scheme description 35 How is a scheme description amended? 36 Who must consent to the amendment of a community scheme? 37 Amended copy of scheme description to be filed PART 5 — RULES 38 What are the rules? 39 How are rules changed? 40 When do rules and changes come into effect? 41 Rules may exempt a body corporate from certain provisions of the Act 42 Rule as to the exclusive use of part of the common property 43 Certain rules may be struck out by Tribunal 44 What rules are invalid 45 Who is bound by rules? 46 How are rules enforced? 47 Availability of copies of rules PART 6—DEVELOPMENT CONTRACTS 48 Interpretation 49 What is a development contract? 50 A development contract must not be inconsistent with certain matters 51 How is a development contract enforced? 52 Can a development contract be varied or terminated? 53 Inspection and purchase of copies of development contract PART 7—HOW MAY COMMUNITY PLANS BE AMENDED, AMALGAMATED AND CANCELLED? Division 1 — How are community plans amended? 54 Application for amendment 55 Status of application for amendment of plan 56 Amendment of the plan 57 Vesting etc of interests on amendment of plan 58 Merging of land on amendment of plan 59 Alteration of boundaries of primary community parcel 60 Amendment of plan pursuant to development contract 61 Amendment by order of Tribunal Division 2—How are community plans amalgamated? 62 Amalgamation of plans 63 Persons whose consents are required for an amalgamation 64 Deposit of amalgamated plan 65 Effect of amalgamation on development contracts Division 3—How are community plans cancelled? 66 Cancellation by Registrar or Supreme Court 67 Application to the Registrar 68 Persons whose consent is required 69 Application to the Supreme Court 70 Lot entitlements 71 Cancellation PART 8—DIVISION OF PRIMARY PARCEL UNDER SUBDIVISION ACT 2002 72 Division of primary parcel under Part 2 of the Subdivision Act 2002 PART 9—THE BODY CORPORATE Division 1—How is a body corporate established? 73 How is a body corporate established? 74 What is the nature of a body corporate? 75 The body corporate has a common seal 76 Who are members of the body corporate? 77 Functions, duties and powers of a body corporate 78 Presiding officer, treasurer and secretary 79 Body corporate's monetary liabilities guaranteed by members 80 Non-application of Companies Act 1985 Division 2 — Delegations by body corporate 81 Delegation of body corporate's functions and powers 82 Body corporate managers 83 General duties 84 Offences Division 3—General meetings 85 First general meeting 86 Business at the first statutory general meeting 87 Convening of general meetings 88 Annual general meeting 89 Procedure at meetings Division 4—Should the body corporate have a committee? 90 Establishment of committee 91 Term of office 92 Functions and powers of committees 93 Convening of committee meetings 94 Procedure at committee meetings 95 Disclosure of interest 96 Members' duties of honesty 97 Validity of acts of a committee 98 Immunity from liability Division 5—Appointment of administrator 99 Administrator of body corporate's affairs PART 10— PROPERTY MANAGEMENT Division 1— How is the integrity of the community scheme maintained? 100 Power to enforce duties of maintenance and repair etc 101 Alterations and additions in relation to strata schemes Division 2—Insurance 102 Insurance of buildings etc by a body corporate 103 Other insurance by a body corporate 104 Application of insurance money 105 Insurance to protect easements 106 Offences relating to failure to insure 107 Right to inspect policies of insurance 108 Insurance by owner of lot Division 3—Easements 109 Easements Division 4—May common property and lots be leased? 110 Limitations on leasing of common property and lots Division 5—Can property be acquired for benefit of owners and occupiers of lots? 111 Acquisition of property PART 11—FINANCIAL MANAGEMENT Division 1—General 112 Statement of expenditure etc 113 Contributions by owners of lots 114 Cases where owner not liable to contribute 115 Administrative and sinking funds 116 Disposal of excess money in funds 117 Power to borrow 118 Limitation on expenditure Division 2—Manager's trust accounts 119 Application of Division 120 Interpretation 121 Trust money to be deposited in trust account 122 Withdrawal of money from trust account 123 Authorised trust accounts 124 Application of interest 125 Keeping of records 126 Audit of trust accounts 127 Obtaining information for purposes of audit 128 Banks etc to report deficiencies in trust accounts 129 Confidentiality 130 Banks etc not affected by notice of trust PART 12— OBLIGATIONS OF OWNERS AND OCCUPIERS 131 Interference with easements and services 132 Nuisance 133 Maintenance of lots PART 13—WHAT RECORDS, AUDIT AND INFORMATION MUST A BODY CORPORATE MAINTAIN? Division 1—Records 134 Register of owners of lots 135 Records 136 Statement of accounts Division 2—Audit 137 Audit Division 3—Information to be provided by a body corporate 138 Information to be provided by a body corporate 139 Information as to higher tier of community scheme PART 14— HOW ARE DISPUTES RESOLVED? Division 1 — The Community Title Tribunal is established 140 Community Title Tribunal 141 Constitution of Tribunal 142 Disclosure of interest 143 Meetings of Tribunal Division 2 — How are disputes resolved? 144 Persons who may apply for relief 145 Resolution of disputes etc Division 2 — Conciliation is the first stage 146 Appointment of conciliator 147 Resolution of complaint by conciliation Division 3 — When conciliation fails or does not take place 148 Resolution of disputes by the Tribunal PART 15— MISCELLANEOUS 149 Holding of deposit and other contract moneys when lot is pre-sold 150 Developer stands in fiduciary relationship with body corporate 151 Body corporate may provide services 152 Preliminary examination of plan by Registrar 153 Filing of documents with plan 154 Registrar may rely on certificates 155 Entry onto lot or common property 156 Power to require handing over of property 157 Owner of lot under a legal disability 158 Relief where unanimous or special resolution required 159 Duty not payable in certain circumstances 160 Destruction or disposal of certain documents 161 Liability of a body corporate in respect of certification by officer 162 Vicarious liability of committee members 163 General defence 164 Procedure where the whereabouts of certain persons are unknown 165 Service 166 Regulations and other matters in Schedule 6 SCHEDULE 1— Part 1 Content of rules 1 Health, safety and security 2 Committees and sub-committees 3 Management and administration 4 Use of common property 5 Lots 6 Design 7 Behaviour of persons 8 Dispute resolution 9 Notices and documents 10 Common seal 11 Insurance 12 Penalties SCHEDULE 1— Part 2 Restrictions on the making of rules 1 Prohibitions 2 Exceptions Schedule 1A—Model rules for body corporate Part 1—Health, safety and security 1 Health, safety and security of lot owners, occupiers of lots and others 2 Storage of flammable liquids and other dangerous substances and materials 3 Waste disposal Part 2—Management and administration 4 Metering of services and apportionment of costs of services Part 3—Use of common property 5 Use of common property 6 Vehicles and parking on common property 7 Damage to common property Part 4—Lots 8 Change of use of lots Part 5—Behaviour of persons 9 Behaviour of owners, occupiers and invitees on common property 10 Noise and other nuisance control Part 6—Dispute resolution 11 Grievance procedure SCHEDULE 2 Body Corporate Rules for procedure at general meetings 1 Preliminary– general procedures to be followed 2 Voting at general meetings – voting rights and procedures 3 The duties of nominees - duty to disclose interest 4 Voting by a body corporate as a member of another body corporate 5 Votes cast at general meeting – how the value of votes is determined 6 Special resolutions—three lot schemes 7 The revocation etc of decisions by a body corporate SCHEDULE 3 Body Corporate – Committee 1 Vacation of member's office 2 Procedure at committee meetings SCHEDULE 4 Code of Conduct Committee Members 1 Commitment to acquiring understanding of Act, including this code 2 Honesty, fairness and confidentiality 3 Acting in body corporate's best interests 4 Complying with Act and this code 5 Nuisance 6 Conflict of interest SCHEDULE 5 Code of Conduct Body Corporate Managers 1 Knowledge of Act, including code 2 Honesty, fairness and professionalism 3 Skill, care and diligence 4 Acting in body corporate's best interests 5 Keeping body corporate informed of developments 6 Ensuring employees comply with Act and code 7 Fraudulent or misleading conduct 8 Unconscionable conduct 9 Conflict of duty or interest 10 Goods and services to be supplied at competitive prices 11 Managing agent to demonstrate keeping of particular records Schedule 6—Regulations and other matters Part 1—Preliminary 1 Interpretation—definition of special resolution 2 Interpretation—definition of unanimous resolution Part 2—Requirements relating to schemes and plans 3 Scheme description—section 34 4 Plans and maps to comply with guidelines 5 Lot entitlements—subsection 26(3) 6 Minor amendment of plan—subsection 56(3) 7 Submission of outer boundary survey plan 8 Examination of plans 9 Additional information as to applications 10 Certification of irregular boundaries 11 Notification on deposit of plan 12 Issue of certificates of title on deposit of plan 13 Application to Tribunal to amend or Supreme Court to cancel a community plan—sections 61 and 69 Part 3—Administration of community schemes 14 Content of rules—subsection 38(3) 15 Body corporate managers—section 82 16 Return of records and trust money when delegations revoked—section 84 17 Matters to be addressed at first general meeting—paragraph 86(2)(e) 18 Agenda for annual general meeting—subparagraph 87(6)(d)(vi) 19 Procedure at meetings—Schedule 2 20 Fidelity guarantee insurance—section 103 21 Proof of insurance—subsection 105(2) 22 Unanimous or special resolution for acquisition of property—paragraph 111(3)(b) 23 Statement of expenditure etc.—section 112 24 Interest on arrears of contributions by lot owners—paragraph 113(4)(b) 25 Notice for payment of contribution or instalment—paragraph 113(6)(a) 26 Resolutions authorising expenditure—section 118 27 Register of owners of community lots—subsection 134(2) 28 Records—sections 135 and 136 29 Audit—subsection 137(4) 30 Fee for provision of information—subsection 138(4) 31 Services provided by bodies corporate—section 151 32 Functions of secretary and treasurer of body corporate 33 Authorisation of fees, costs and disbursements—paragraph 122(b) 34 Authorised trust accounts—section 123 35 General duty with respect to electronic records 36 Cash books—paragraph 125(1)(c) 37 Separate trust ledger accounts 38 Reconciliation statements 39 Receipt of trust money 40 Payment of trust money 41 Audit of trust accounts—section 126 42 Manager's statement 43 Certain persons may not audit accounts and records of manager 44 Holding of deposit and other contract money when lot is pre‑sold—section 149 Part 4—Fees 45 Fees NOTES Table of Amendments