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Staging of bodies corporate is possible (See Body Corporate and Community Management Act Chapter 2, Part 1). This means that the number of lots in the community titles scheme is increased as the construction of lots is completed through progressive re-subdivision of the pre-existing lots (Land Titles Act Section 115I). The progressive subdivision of lots may also create additional common property (Body Corporate and Community Management Act Sections 38 & 39).
Whenever a re-subdivision of a lot in a community titles scheme occurs then a new community management statement must be lodged when the plan of re-subdivision is lodged (Body Corporate and Community Management Act Section 56).
Developers may use staging of a community title project as a proactive strategy to obtain smaller tranches of funding and to increase cashflows by settling parcels of lots as the project is delivered.
Developers who use progressive development should provide in the original community management statement for a comprehensive statement of future development. Where the progressive development is in accordance with the statement of future development, or is only inconsistent to the extent of the order of the stages, the body corporate committee must consent to any new community management statement proposed by the developer (Body Corporate and Community Management Act Section 57).
If during the staging and construction process the developer intends to develop in a way inconsistent with the statement of future development in the community management statement, this changes the nature of the development, and the developer must give notice to the body corporate and any off-the-plan purchasers. The notice must be given 30 days before the developer applies for development approval for the change under the Planning Act (Body Corporate and Community Management Act Section 29). Where the notice is given, and the developer obtains the appropriate development approval and has the local authority endorse the new community management statement, then the body corporate has an obligation to consent to the new community management statement (Body Corporate and Community Management Act Section 57).
