New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 2021

- As at 21 November 2024
- Act 7 of 2021

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Interpretation
   5.      Resolutions of associations
   6.      Connected persons

   PART 2 - MANAGEMENT OF SCHEMES

           Division 1 - Functions of associations

   7.      Association responsible for management of scheme
   8.      Functions of associations generally
   9.      Other management bodies and persons who assist the association
   10.     Association may employ persons to assist in exercise of functions
   11.     Functions that may only be delegated to member of association committee or managing agent

           Division 2 - Meetings of associations

   12.     First AGM must be held within 2 months after initial period
   13.     Matters to be determined at first AGM
   14.     Documents and records to be provided to association at first AGM
   15.     Tribunal may order initial documents to be provided
   16.     AGM must be held
   17.     Other general meetings
   18.     Tribunal may appoint person to hold first AGM and other meetings
   19.     Unanimous or special resolutions to be amended or revoked in same way
   20.     Notice to be given of right to cast vote at meeting of association
   21.     Meeting procedures and voting
   22.     Order invalidating resolution of association
   23.     Order where voting rights denied or due notice of item of business not given
   24.     References to "first annual general meeting"

           Division 3 - Limitation on functions during initial period

   25.     Restriction on powers of associations during initial period
   26.     Restriction on powers of neighbourhood associations
   27.     Restriction on powers of developers
   28.     Order to authorise certain acts during initial period
   29.     Remedies for breach of restrictions

   PART 3 - ASSOCIATION COMMITTEES

           Division 1 - Constitution of committees

   30.     Association to appoint committee
   31.     Committee for association with 3 members or fewer
   32.     Committee for association with more than 3 members
   33.     Persons who are eligible to be members of community committee or precinct committee
   34.     Persons who are eligible to be members of neighbourhood committee
   35.     Persons who are not eligible to be elected to association committee
   36.     Tenant representatives on neighbourhood committees
   37.     Acting members of association committee
   38.     Vacation of office of elected member of community committee or precinct committee
   39.     Vacation of office of elected member of neighbourhood committee

           Division 2 - Functions of association committees

   40.     Functions of association committee
   41.     Duty of members of association committee
   42.     Acts and proceedings of association committee valid despite vacancies or defects

           Division 3 - Meetings of association committee

   43.     Meetings must be convened on certain requests
   44.     Meeting procedures and voting

           Division 4 - Office holders

   45.     Association committee to appoint officers
   46.     Functions of chairperson of association
   47.     Functions of secretary of association
   48.     Functions of treasurer of association
   49.     Vacation of office by officer
   50.     Payment of officers of association
   51.     Original owner to exercise officers' functions before appointment of officers
   52.     Tribunal may order meeting if no officers or association committee

   PART 4 - MANAGING AGENTS AND FACILITIES MANAGERS

           Division 1 - Appointment of managing agent

   53.     Appointment of managing agents
   54.     Term of appointment of managing agents
   55.     Transfer of functions of managing agent

           Division 2 - Functions of managing agent

   56.     Association may delegate functions to managing agent
   57.     Exercise of delegated functions by managing agent
   58.     Functions of officers and association committee may be given to managing agent
   59.     Managing agent to record exercise of functions
   60.     Exercise of functions of managing agent appointed by Tribunal
   61.     Breaches by managing agent

           Division 3 - Accountability of managing agent

   62.     Managing agent may be required to provide information about trust account and other accounts
   63.     Provision of information about money received and other transactions
   64.     Disclosure of commissions
   65.     Procedure for requiring information from managing agent
   66.     Offences
   67.     Responsibility for providing information if a managing agent ceases to hold a licence or dies
   68.     Exemption for information relating to certain transactions
   69.     Certain provisions of other Acts requiring agents to provide information not to apply to affairs of association

           Division 4 - Facilities managers

   70.     Facilities managers
   71.     Appointment of facilities managers
   72.     Term of appointment of facilities managers
   73.     Transfer of functions of facilities manager
   74.     Functions of facilities manager

           Division 5 - General

   75.     Interests must be disclosed by potential managing agents or facilities managers
   76.     Managing agent and facilities manager agreements may be terminated or varied by Tribunal

   PART 5 - FINANCIAL MANAGEMENT

           Division 1 - Funds and accounts of associations

   77.     Administrative fund
   78.     Capital works fund
   79.     Investment of money in administrative fund or capital works fund
   80.     Use of administrative fund or capital works fund for purposes of other fund
   81.     Distribution of surplus money in administrative fund or capital works fund
   82.     Accounts of association

           Division 2 - Contributions by members

   83.     Estimates to be prepared of contributions to administrative and capital works funds
   84.     Association to set contributions to administrative and capital works funds
   85.     Contributions payable by members of community and precinct associations
   86.     Contributions payable by members of neighbourhood schemes
   87.     Individual contributions may be larger if greater insurance costs
   88.     Levying of contributions
   89.     Liability of persons other than members for contributions
   90.     Interest, discounts on contributions and payment plans
   91.     Recovery of unpaid contributions and interest
   92.     Orders varying contributions or payment methods
   93.     Effect of order varying contributions where payments have been made
   94.     Order requiring original owner to pay compensation for inadequate estimates and levies
   95.     Contributions for legal costs awarded in proceedings between members and association

           Division 3 - Financial statements

   96.     Association must prepare financial statements and statements of key financial information
   97.     Requirements for financial statements
   98.     Statement of key financial information
   99.     Auditing of accounts and financial statements

           Division 4 - Accounting records

   100.    Accounting records must be kept by association
   101.    Receipts
   102.    Transaction records
   103.    Levy register

           Division 5 - Financial functions generally

   104.    Power to borrow money
   105.    Persons who can exercise functions relating to the finances and accounts of the association
   105A.   Limits on spending by association
   106.    Legal services to be approved by general meeting
   107.    Restrictions on payment of expenses incurred in Tribunal proceedings
   108.    Disclosure of matters relating to legal costs
   108A.   Bonds or fees relating to keeping of animals not payable

   PART 6 - PROPERTY MANAGEMENT

           Division 1 - Association property

   109.    Duty of association to maintain and repair property
   110.    Control and management of access ways and other property
   111.    Use of association property for commercial purposes
   112.    Open and private access ways
   113.    Payments to or by association in relation to association property
   114.    Carrying out of work on association property by developer
   115.    Initial maintenance schedule must be prepared
   116.    Mail
   117.    Powers to deal with property

           Division 2 - Powers of associations

   118.    Association may carry out work required to be carried out by others
   119.    Powers of entry of association
   120.    Orders by Tribunal relating to entry to carry out work

           Division 3 - Amenities or services

   121.    Provision of amenities or services
   122.    Termination of certain agreements

           Division 4 - Orders about property

   123.    Rectification where work done by owner or occupier

           Division 5 - Service agreements and sustainability infrastructure

   124.    Agreements for supply of electricity, gas or other utilities
   125.    Financing and installation of sustainability infrastructure

   PART 7 - MANAGEMENT STATEMENTS AND BY-LAWS FOR ASSOCIATIONS

           Division 1 - Interpretation

   126.    Definitions

           Division 2 - Management statements

   127.    Binding effect of management statement
   128.    By-laws that may be included in management statements
   129.    Occupancy limits
   129A.   Keeping of animals
   130.    Restrictions on by-laws for association schemes
   130A.   Restrictions on by-laws--assistance animals
   131.    Procedure for amending management statement
   132.    Lessee to comply with management statement
   133.    Management statement to be given to lessee

           Division 3 - By-laws conferring rights over association property

   134.    Association property rights by-laws
   135.    Requirements for association property rights by-laws
   136.    Effect of association property rights by-laws

           Division 4 - Enforcement of by-laws

   137.    Notice by association to owner or occupier
   138.    Civil penalty for breach of by-laws

           Division 5 - Orders about management statements

   139.    Order by Tribunal relating to variation of management statement
   140.    Order by Tribunal revoking invalid part of management statement
   141.    Order affecting association property
   142.    Effect of orders

   PART 8 - OBLIGATIONS OF OWNERS, OCCUPIERS AND OTHERS RELATING TO LOTS

           Division 1 - Obligations relating to lots

   143.    Owners, occupiers and other persons not to interfere with support or shelter provided by lot, services or access ways
   144.    Owners, occupiers and other persons not to create nuisance

           Division 2 - Agents for owners

   145.    Definition
   146.    Appointment of agents by corporations to exercise functions in relation to lots
   147.    Owner may appoint agent if not able to deal with notices

   PART 9 - INSURANCE

           Division 1 - Association insurance obligations

   148.    Association to insure buildings and structures on association property
   149.    Requirements for damage policy
   150.    Valuations to be obtained for the purposes of insurance
   151.    Use of insurance money by association
   152.    Other mandatory insurance requirements for association
   153.    Association may take out other insurance
   154.    Managing agent to obtain insurance quotations

           Division 2 - Insurance claims and other matters affecting insurance

   155.    Part does not limit owner's insurance rights
   156.    Insurable interests
   157.    Insurance claim where owner at fault
   158.    Action against association by member

           Division 3 - Orders about insurance

   159.    Exemption by Tribunal from building insurance requirements
   160.    Effect of exemption from building insurance requirements
   161.    Order to make or pursue insurance claim
   162.    Orders requiring damage policy

   PART 10 - RECORDS AND INFORMATION ABOUT ASSOCIATION SCHEMES

           Division 1 - Association roll and other records

   163.    Definition
   164.    Form of records
   165.    Association must prepare association roll
   166.    Association rolls
   167.    Sources of information for association roll
   168.    Notices and orders served on association
   169.    Retention of records for prescribed period
   170.    Association may require certain persons to produce records, accounts and property of association

           Division 2 - Provision of information about schemes

   171.    Requests of inspection of records and certificates about associations
   172.    Inspection of records
   173.    Inspection of association documents
   174.    Certificate by association as to financial and other matters relating to lot
   175.    Association information certificate is evidence of matters stated in it

           Division 3 - Orders about association roll and records

   176.    Order confirming information for association roll
   177.    Order to supply information or documents

   PART 11 - DISPUTES AND TRIBUNAL POWERS

           Division 1 - Internal dispute resolution

   178.    Internal dispute resolution procedures for schemes

           Division 2 - Alternative dispute resolution by Secretary

   179.    Definitions
   180.    Matters that may be subject to mediation
   181.    Representation of parties
   182.    Privilege
   183.    Evidence of mediation sessions not admissible
   184.    Confidentiality
   185.    Exoneration from liability for mediators
   186.    Effect of Division on other agreements or arrangements

           Division 3 - Procedures for applications to Tribunal

   187.    Interested persons
   188.    Certain applications cannot be accepted without prior mediation
   189.    Notice of applications to Tribunal

           Division 4 - Orders that may be made by Tribunal

   190.    General order-making power of Tribunal
   191.    Agreements and arrangements arising from mediation sessions
   192.    Interim orders
   193.    Orders to settle disputes or rectify complaints
   194.    Order replacing schedule of unit entitlements
   195.    Order with respect to restricted property
   196.    Orders for appointment of managing agent
   197.    Orders relating to association committee and officers

           Division 5 - General provisions relating to Tribunal powers and orders

   198.    Title to land
   199.    Tribunal may make order of another kind
   200.    Other matters for which Tribunal may provide
   201.    Dismissal of application on certain grounds
   202.    Copies of orders
   203.    Tribunal to be provided with association report and inspections
   204.    Resolution purporting to alter effect of order
   205.    Recording in Register of effect of certain orders
   206.    Changes to Register after orders replacing unit entitlements
   207.    Civil penalties for contravention of orders
   208.    Recovery of unpaid civil penalty

   PART 12 - OFFENCES AND PENALTIES

           Division 1 - Offences and enforcement

   209.    Investigations by Secretary
   210.    Penalty notices
   211.    Nature of proceedings
   212.    Proof of reasonable excuse

           Division 2 - Other proceedings

   213.    Other rights and remedies not affected by this Act
   214.    Costs in proceedings between association and members
   215.    Association may represent members in certain proceedings
   216.    Structural defects--proceedings as agent

   PART 13 - MISCELLANEOUS

   217.    Functions of Secretary
   218.    Delegation by Secretary
   219.    Tenancy notice to be given to association
   220.    Notice to be given to association of mortgagee taking possession of lot
   221.    Notices relating to subsidiary body
   222.    Personal liability of officers and association committee members
   223.    Value of interests of members of an association
   224.    Address for service
   225.    Service of documents on association
   226.    Service of documents by certain persons
   227.    Service of documents
   228.    Change of association's address for service
   229.    Dividing fences
   230.    Powers of entry by public authority
   231.    Notices under Real Property Act 1900 to association taken to be notices to owners
   232.    Contracting out prohibited
   233.    Regulations
   234.    Persons who may keep seals of associations
   235.    Affixing of seal of association
   236.    Act to bind Crown
   237.    Repeals
   238.    (Repealed)
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           Schedule 4 (Repealed)
           Dictionary