New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 2021 - SECT 215

215 Association may represent members in certain proceedings

(1) This section applies to proceedings in relation to association property.

(2) If the members of an association are jointly entitled to take proceedings against a person or are liable to have proceedings taken against them jointly, the proceedings may be taken by or against the association.

(3) A judgment or order given or made in favour of or against the association in those proceedings has effect as if it were a judgment or order given or made in favour of or against its members.

(4) A contribution required to be made by a member of an association to another member in relation to the judgment debt is to be the proportion of the judgment debt specified in subsection (5), (6) or (7), as applicable.

(5) The proportion for a member of a community association for a judgment debt relating to community property is--

(a) if the member is the owner of a community development lot--the proportion that the unit entitlement of the development lot bears to the total unit entitlement of the community scheme, or

(b) if the member is a precinct association, neighbourhood association or strata corporation--the proportion that the unit entitlement for the former development lot that became subject to the precinct scheme, neighbourhood scheme or strata scheme bears to the total unit entitlement of the community scheme.

(6) The proportion for a member of a precinct association for a judgment debt relating to precinct property is--

(a) if the member is the owner of a precinct development lot--the proportion that the unit entitlement of the precinct development lot bears to the total unit entitlement of the precinct scheme, or

(b) if the member is a neighbourhood association or strata corporation--the proportion that the unit entitlement for the former development lot that became subject to the neighbourhood scheme or strata scheme bears to the total unit entitlement of the precinct scheme.

(7) The proportion for an owner of a neighbourhood lot for a judgment debt relating to neighbourhood property is the proportion that the unit entitlement for the neighbourhood lot bears to the total unit entitlement of the neighbourhood scheme.