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Where a developer establishes a community titles scheme both lots and common property will be created. There must be a minimum of two lots (Land Title Act Section 115B(2)).  The common property created may only belong to one community titles scheme. Also, a community management statement will be required. The first community management statement is required and must be signed by the developer who becomes the original owner of all the lots (Body Corporate and Community Management Act Section 53).The community management statement includes (Body Corporate and Community Management Act Section 66)-

  • The name of the body corporate
  • The name and address of the original owner
  • The identifying number allocated to the scheme by the titles office (Land Title Act Section 115E(2))
  • The regulation module applicable to the scheme
  • A statement of the future development, for schemes that are to be developed progressively
  • An explanation of any layering of schemes, if the scheme is part of a principal / subsidiary arrangement
  • The interest and contribution schedules
  • An explanation as to why contribution schedule entitlements are not equal, if they are not equal
  • The by-laws
  • Service location diagrams for schemes using standard format plans
  • A list identifying any lots affected by statutory easements, and a statement of the type of statutory easement
  • Architectural and landscaping codes

 

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Last edited by Claire Panos - Stewart Silver King and Burns
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