Community Titles Regulations 2021 (WA)

Western Australia Community Titles Act 2018 Community Titles Regulations 2021 Western Australia Community Titles Regulations 2021 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. Terms used 1 Part 2 — Provisions relating to terms used in the Act 4. Requirements for approved form 1 5. Insurable asset 1 6. Key document 1 7. Public authority 1 8. Type 1 notifiable variation 1 9. Volunteer scheme manager 1 Part 3 — Planning and development 10. Advertisement of community development statement by local government 1 11. Minimum period for comments under s. 22 1 12. Matters to which Planning Commission must have due regard 1 13. Additional content to be included in statement 1 14. Classes of documents that may be referred to, or incorporated in, community development statement 1 15. Advertisement of application to extend development period for community scheme 1 16. Minimum period for comments under s. 26 1 17. Period for making decision under s. 34(5) where amendment of community development statement required 1 18. Registration of amendment of community development statement 1 Part 4 — Scheme documents 19. Naming convention for community corporations 1 Part 5 — Scheme plans 20. Application of Part 1 21. Application of Survey Regulations to scheme plans 1 22. Surveyor's certificate 1 23. Numbering of lots and common property 1 24. Requirements for identification of parcel to be subdivided 1 25. Requirements for scheme plan for community titles (building) scheme 1 26. Requirements for scheme plan for community titles (land) scheme 1 Part 6 — Short form easements and restrictive covenants Division 1 — Preliminary 27. Terms used 1 Division 2 — Description, location and identification 28. Specified easements and short form descriptions 1 29. Location of easement area 1 30. Identification of lots and common property affected by easement 1 31. Permitted restrictive covenants and short form descriptions 1 32. Identification of lots and common property affected by restrictive covenant 1 Division 3 — Other requirements 33. Application of Division 1 34. Location of covenant area 1 35. Persons who benefit to be specified in short form documents 1 36. Benefit of short form easement or restrictive covenant need not attach to land 1 37. Short form easement or restrictive covenant binds community corporation 1 38. Short form documents 1 Division 4 — Rights and liabilities under short form easements 39. General 1 40. Vehicle access easement 1 41. Light and air easement 1 42. Party wall easement 1 43. Intrusion easement 1 44. Pedestrian access easement 1 45. Easement in gross 1 46. Easement for utility services 1 47. Entry under easement 1 48. Rectification of damage 1 49. Indemnity payable by grantee 1 50. Payment of consideration 1 Division 5 — Rights and liabilities under short form restrictive covenants 51. General 1 52. Right of way restrictive covenant 1 53. Land use restrictive covenant 1 54. Conservation restrictive covenant 1 55. Building envelope restrictive covenant 1 56. Fire restrictive covenant 1 Part 7 — Schedule of unit entitlements 57. Determining capital value of a lot 1 58. Certificate by licensed valuer 1 Part 8 — Scheme by‑laws 59. Explanation of scheme by‑laws 1 60. Maximum penalty for contravention of scheme by‑laws 1 Part 9 — Common property infrastructure easements Division 1 — Special procedures for notice or voting 61. Special procedures for notice to apply s. 57 to infrastructure contract 1 Division 2 — Terms and conditions taken to be implied in infrastructure contract 62. Application of Division 1 63. Planning or other approval 1 64. Benefits of infrastructure 1 65. Damage to common property 1 66. Maintenance of common property within easement area 1 67. Notice of intention to terminate where no term specified 1 Division 3 — Rights and obligations of community corporation and infrastructure owner 68. Application of Division 1 69. Rights and obligations relating to required insurance 1 70. Rights of infrastructure owner 1 71. Obligations relating to certain costs and charges 1 72. Obligations relating to infrastructure insurance 1 73. Obligations relating to changes in ownership 1 74. Obligation relating to removal of infrastructure 1 Part 10 — Community corporations 75. Minimum insurance for community titles scheme 1 76. Requirement to have 10 year plan 1 77. Expenditure on common property requiring special resolution 1 78. Budget variations that are authorised 1 79. Rate of interest on contributions in arrears 1 80. Other records required to be kept 1 81. Period in which records must be retained 1 82. Form of records 1 83. Person with proper interest in information 1 84. Fees for applications 1 85. Inspection of material 1 86. Maximum charge for copies of material 1 87. Voting 1 88. Limitations on scheme manager being appointed as proxy 1 89. Agenda for general meeting 1 Part 11 — Scheme managers Division 1 — Preliminary 90. Terms used 1 91. Key role 1 Division 2 — Criminal record checks 92. Application of Division 1 93. Scheme manager must obtain national criminal record checks 1 94. Scheme manager must give criminal record statement to community corporation 1 Division 3 — Educational qualifications 95. Application of Division 1 96. Educational qualifications that must be met by particular individuals 1 97. Changes to titles or units 1 Division 4 — Professional indemnity insurance 98. Application of Division 1 99. Scheme manager must obtain and maintain professional indemnity insurance 1 Division 5 — Scheme management contracts 100. Additional matters to be included in scheme management contract 1 101. Transitional provision for compliance with educational qualification requirements 1 Division 6 — Financial provisions relating to scheme managers 102. Disclosure of remuneration and other benefits 1 103. Scheme manager to provide periodic return 1 Part 12 — Protection of buyers 104. Further information to be given before contract 1 105. Information may be given by electronic means 1 106. Information must be in prominent position 1 107. Particulars of notifiable variation to be provided to buyer 1 Part 13 — Termination proposals Division 1 — Preliminary 108. Terms used 1 Division 2 — Outline proposal 109. Details of arrangements for independent advice or representation 1 110. Additional information for outline proposal 1 Division 3 — Independent advocate Subdivision 1 — Persons who may be independent advocates 111. Level of independence of independent advocate 1 112. Qualifications of independent advocate 1 Subdivision 2 — Review, assessment and presentation 113. Assessment of proposal by independent advocate 1 114. Presentation by independent advocate 1 115. Identification of vulnerable person by independent advocate 1 Division 4 — Full proposal 116. Notice of completion of service 1 117. Tenants entitled to 5 year term 1 118. Additional information for full proposal 1 119. Person who can provide report of required works 1 120. Valuation methodology 1 121. Validity period of valuation 1 122. Preparation and certification of reports 1 123. Termination valuation report to be given to Valuer‑General 1 Division 5 — Additional procedures for dealing with termination proposals Subdivision 1 — Meetings 124. Consideration of proposal at joint meeting 1 Subdivision 2 — Voting 125. Application of Subdivision 1 126. Voting notice 1 127. Independent vote counter 1 128. Provision of record of votes 1 129. Protection of record of votes (resolution subject to confirmation) 1 Subdivision 3 — Confirmation of termination resolution 130. Material to accompany application by proponent for confirmation of termination resolution 1 131. Information community corporation must provide to Tribunal 1 Subdivision 4 — Proposals that are withdrawn or not proceeding 132. Notice of withdrawn termination proposal 1 133. Notice of termination proposal not proceeding 1 Division 6 — Arrangements for independent advice or representation for owners Subdivision 1 — Preliminary 134. Ancillary service 1 Subdivision 2 — Identification of persons as vulnerable 135. Application of Subdivision 1 136. Vulnerable persons 1 137. Independent advocate to identify vulnerable persons to proponent 1 138. Owner of lot may apply to be recognised as vulnerable person 1 139. Proponent to make decision about claim of vulnerability 1 140. Trustee may require information from independent advocate about type of vulnerability 1 Subdivision 3 — Establishment and terms of trust 141. Application of Subdivision 1 142. Proponent to establish trust 1 143. Trustee of the trust 1 144. Services for which trust moneys are to be provided 1 145. No payment for services obtained after withdrawal or notice that proposal cannot proceed 1 146. Guaranteed payment amount 1 147. Method of payment under trust 1 148. Period of time for making claims 1 149. Trust account 1 150. Trustee records 1 151. Period of time for retaining trustee records 1 152. Owner entitled to certain information in respect of lot 1 153. Summary of trust records to be given to proponent on request 1 154. Privacy of information 1 155. Winding up of trust 1 Part 14 — Termination by single owner Division 1 — Preliminary 156. Term used: single owner terminating scheme 1 157. Application of Part 1 Division 2 — Modification of Part 11 Division 1 of the Act 158. Modification of application of s. 141 1 159. Modification of application of s. 142 1 160. Modification of application of s. 145 1 161. Modification of application of s. 146 1 162. Modification of application of s. 147 1 163. Modification of application of s. 148 1 Division 3 — Modification of these regulations 164. Modification of application of r. 113 1 165. Modification of application of r. 142 1 Part 15 — Tribunal proceedings Division 1 — Scheme disputes 166. Terms used 1 167. Application of Division 1 168. Disputes relating to disclosure of information 1 169. Occupier disputes relating to termination proposals 1 170. Disputes about trustee's performance 1 171. Dispute about proponent's decision 1 Division 2 — Orders of Tribunal 172. Orders required to be made by legally qualified member 1 173. Internal review of Tribunal order 1 Part 16 — Termination or amendment by compulsory acquisition 174. Application of Part 1 175. Modification of s. 50 1 176. Modification of s. 152 1 177. Modification of s. 153 1 178. Modification of s. 155 1 Part 17 — Miscellaneous 179. Fees payable to Registrar of Titles 1 180. Fees payable to local government 1 Schedule 1 — Explanation of effect of section 48 1. Enforcement of scheme by‑laws 1 2. Contents of written notice 1 3. People who can apply for enforcement of scheme by‑laws 1 4. How this could affect you 1 5. Recovery of moneys 1 Schedule 2 — Fees payable to Registrar of Titles Notes Compilation table 1 Defined terms Community Titles Act 2018 Community Titles Regulations 2021