Community Titles Act 1996 (SA)

South Australia Community Titles Act 1996 An Act to provide for the division of land into lots and common property; to provide for the administration of the land by the owners of the lots; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Associates 5 This Act and the Real Property Act 1886 to be read together Part 2—Scope of the Act 6 Nature of division under this Act 7 What land can be divided 8 Development lots 9 Strata division 10 The community corporation 11 The scheme description 12 By-laws 13 Staged development and development contracts Part 3—Division of land by plan of community division Division 1—Application for division 14 Application 15 Scheme description not required for certain small schemes 15A Application may deal with statutory encumbrances 16 Consents to application 17 Application in relation to part of the land in a certificate 18 Status of plan and application 19 Special provisions relating to strata plans Division 2—Lot entitlement 20 Lot entitlement 21 Application to amend schedule of lot entitlements Division 3—Deposit of community plan 22 Deposit of community plan 23 Vesting etc of lots etc on deposit of plan 24 Easements for support, shelter, services and projections 25 Easements in favour of Government instrumentalities 26 Vesting of certain land in council etc 27 Encroachments Division 4—Common property 28 Common property 29 Vesting of the common property Part 4—The scheme description 30 Scheme description 31 Amendment of scheme description 32 Persons whose consents are required 33 Amended copy of scheme description to be filed Part 5—By-laws 34 By-laws 35 By-laws may exempt corporation from certain provisions of Act 36 By-law as to the exclusive use of part of the common property 37 Restrictions on making of by-laws 38 Certain by-laws may be struck out by Court 39 Variation of by-laws 40 Date of operation of by-laws 41 Invalidity of by-laws 42 Application of council by-laws 43 Persons bound by by-laws 44 Availability of copies of by-laws 45 By-laws need not be laid before Parliament or published in Gazette Part 6—Development contracts 46 Interpretation 47 Development contracts 48 Consistency of development contract with scheme description and by-laws 49 Enforcement of development contract 50 Variation or termination of development contract 51 Inspection and purchase of copies of contract Part 7—Amendment, amalgamation and cancellation of plans Division 1—Amendment of community plans 52 Application for amendment 53 Status of application for amendment of plan 53A Application may deal with statutory encumbrances 54 Amendment of plan 55 Vesting etc of interests on amendment of plan 56 Merging of land on amendment of plan 57 Alteration of boundaries of primary community parcel 58 Amendment of plan pursuant to development contract 59 Amendment by order of ERD Court Division 2—Amalgamation of community plans 60 Amalgamation of plans 61 Persons whose consents are required 62 Deposit of amalgamated plan 63 Effect of amalgamation on development contracts Division 3—Cancellation of community plans 64 Cancellation by Registrar-General or ERD Court 65 Application to the Registrar-General 66 Persons whose consent is required 67 Application to ERD Court 68 Lot entitlements 69 Cancellation Part 8—Division of primary parcel under Part 19AB 70 Division of primary parcel under Part 19AB Part 9—The community corporation Division 1—Establishment of the corporation 71 Establishment of corporation 72 Corporate nature of community corporations 73 The corporation's common seal 74 Members of corporation 75 Functions and powers of corporations 76 Presiding officer, treasurer and secretary 77 Corporation's monetary liabilities guaranteed by members 78 Non-application of Corporations Act 2001 Division 1A—Delegations by corporation 78A Delegation of corporation's functions and powers 78B Body corporate managers 78C General duties 78D Offences Division 2—General meetings 79 First statutory general meeting 80 Business at first statutory general meeting 81 Convening of general meetings 82 Annual general meeting 83 Procedure at meetings 84 Voting at general meetings 85 Duty to disclose interest 86 Voting by a community corporation as a member of another community corporation 87 Value of votes cast at general meeting 88 Special resolutions—3 lot schemes 89 Revocation etc of decisions by corporation Division 3—Management committee 90 Establishment of management 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 Casual vacancies 98 Validity of acts of a committee 99 Immunity from liability Division 4—Appointment of administrator 100 Administrator of community corporation's affairs Part 10—Property management Division 1—Powers of corporation to maintain integrity of the community scheme 101 Power to enforce duties of maintenance and repair etc 102 Alterations and additions in relation to strata schemes Division 2—Insurance 103 Insurance of buildings etc by community corporation 104 Other insurance by community corporation 105 Application of insurance money 106 Insurance to protect easements 107 Offences relating to failure to insure 108 Right to inspect policies of insurance 109 Insurance by owner of lot Division 3—Easements 110 Easements Division 4—Leasing of common property and lots 111 Limitations on leasing of common property and lots Division 5—Acquisition of property for benefit of owners and occupiers of lots 112 Acquisition of property Part 11—Financial management Division 1—General 113 Statement of expenditure etc 114 Contributions by owners of lots 115 Cases where owner not liable to contribute 116 Administrative and sinking funds 117 Disposal of excess money in funds 118 Power to borrow 119 Limitation on expenditure Division 2—Agent's trust accounts 120 Application of Division 121 Interpretation 122 Trust money to be deposited in trust account 123 Withdrawal of money from trust account 124 Authorised trust accounts 125 Application of interest 126 Keeping of records 127 Audit of trust accounts 128 Obtaining information for purposes of audit 129 ADIs etc to report deficiencies in trust accounts 130 Confidentiality 131 ADIs etc not affected by notice of trust Part 12—Obligations of owners and occupiers 132 Interference with easements and services 133 Nuisance 134 Maintenance of lots Part 13—Records, audit and information to be provided by corporation Division 1—Records 135 Register of owners of lots 136 Records 137 Statement of accounts Division 2—Audit 138 Audit Division 3—Information to be provided by corporation 139 Information to be provided by corporation 140 Information as to higher tier of community scheme Part 14—Resolution of disputes 141 Persons who may apply for relief 142 Resolution of disputes etc Part 15—Miscellaneous 142A Holding of deposit and other contract moneys when lot is pre-sold 142B Developer stands in fiduciary relationship with community corporation 143 Corporation may provide services 144 Preliminary examination of plan by Registrar-General 145 Filing of documents with plan 145A Registrar‑General may rely on certificates 146 Entry onto lot or common property 147 Power to require handing over of property 148 Owner of lot under a legal disability 149 Relief where unanimous or special resolution required 149A Applications to Magistrates Court 150 Stamp duty not payable in certain circumstances 151 Destruction or disposal of certain documents 151A Liability of community corporation in respect of certification by officer 152 Commencement of prosecutions 153 General defence 154 Procedure where the whereabouts of certain persons are unknown 155 Service 155A Indemnity fund under Land Agents Act 1994 155B Review of operation of Act 156 Regulations Schedule—Transitional provisions 1 Interpretation 2 Election as to application of this Act 3 Prescribed building unit schemes Legislative history